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Gachagua survives impeachment as Senate throws out charges

His government also made a payment of Sh1.3 million for supply and installation of a fleet management and tracking system of 30 motor vehicles.

Governor Gachagua, however, declined to adopt the recommendation saying the MCAs had no power to sack executives he had appointed.

The Nyeri Governor faulted the County Assembly for rejecting the CEC appointees after the Governor exercised his constitutional mandate to nominate them.

Peter Wanyama, who is Gachagua’s lawyer in the hearings, told the Senate which is hearing the petition on his ouster by MCAs, insisted that the accusations against him do not meet the constitutional threshold for impeachment.

Auditor General Edward Ouko had earlier absolved Nderitu Gachagua from culpability after he told the Special Sitting that the Governor cannot be blamed for decisions taken jointly by his County Executive Committee (CEC) members.

Ouko who was being cross examined by Wanyama said the CEC Finance should take responsibility for any financial decision made that led to lack of value for money in a case where the County government is alleged to have spent Sh29.8 million to renovate a privately owned building in Nyeri town, while still paying a monthly rent amounting to Sh10.8 million, thus resulting to a loss of Sh81million.

Senators Boni Khalwale (Kakamega) and Kennedy Mong’are (Nyamira) accused Ouko of apportioning blame on the CECs yet it is the Governor who should take responsibility.

Khalwale went ahead to warn the Auditor General that he has an office to protect.

But Ouko in his response said he is not the governor’s hangman and challenged Parliament to make a determination.

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Ouko had told the House that the financial problems in the counties began during the transition period to county governments in 2013 where instructions and guidance came from various institutions including the Transitional Authority.

Controller of Budget Agnes Odhiambo who also appeared before the Special Sitting, she had advised both the County Assembly and the Executive that the Appropriation Bill was unconstitutional because she said she had convened a mediation meeting with the two parties slated for this Friday, which would resolve the stalemate that has blocked the release a Sh700 million development kitty demanded by the MCAs.

Earlier, the lawyer representing Gachagua had poked holes into charges against his client and urged the Senate to dismiss the proposed impeachment.

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