Governor Granton Samboja addresses a press conference in Voi. /CFM-FILE.
NAIROBI, Kenya Oct 18 – The Senate will proceed to undertake hearings on the impeachment of Taita Taveta Governor Granton Samboja despite an injunction by issued by the High Court.
Senate Deputy Speaker Kithure Kindiki, who had earlier stopped the hearings, quickly revised his order following uproar from Senators who said the work of the legislature can not be stopped by the courts.
Kindiki made the ruling but not before protesting that the courts had overstepped on its constitutional mandate by ordering the established special Senate committee probing the allegations against Samboja.
The High Court had on Thursday barred the Special Senate Committee from deliberating on the resolution by the Taita Taveta County Assembly to impeach Governor Samboja.
“I direct the special committee on the impeachment of the Governor of Taita Taveta County to proceed unabetted and without interruptions by any arm of government and this should be the case notwithstanding the presence or lack of any injunction from any court,” he ruled amid applause from members.
But even as he emphasized that the House had no business to comply to court injunctions especially matters deemed parliamentary, Kindiki ruled that he will deliver a ruling on the issue touching on the separation of powers between the Judiciary and the Legislature next Tuesday.
The decision by Kindiki sets the ball rolling for the eleven-member committee chaired by Senator Njeru Ndwiga (Embu) which was given 10 days to return a verdict on whether the ward representatives were justified in impeaching the governor.
Senators in the committee include George Khaniri (Vihiga), Njeru Ndwiga (Embu), Ochillo Ayacko (Migori), Agnes Zani (Nominated), Aaron Cheruiyot (Kericho), Charles Kibiru (Kirinyaga), Boniface Kabaka (Machakos), Lelegwe Ltumbesi (Samburu), Beatrice Kwamboka (Nominated), Farhiya Ali (Nominated) and Naomi Waqo (Nominated).
As it stands, the committee has eight days remaining to table a report detailing the validity of the claims raised by the MCA’s who are engaged in a protracted battle with Governor Samboja over budget.
Kindiki’s decision was however, a revision of an earlier order which he had issued stating “a parliamentary stay order on the impeachment hearings for Governor Samboja by the special committee has been suspended for 30 days subject to a further determination by the Speaker”.
The first order prompted dissents from Senators who questioned Kindiki’s authority to make such a decree.
Leader of Majority Kipchumba Murkomen described the decision by Kindiki as “Solomonic” while insisting that the House had a responsibility to adhere to the House regulations on how a Governor should be impeached.
“You were willing to listen to the views of the whole House and it is the wisdom of willing to change your mind anyway that make life interesting, that makes institutions and people greater leaders because of the desire and willingness to listen to other people,” he said.
Bungoma Senator Moses Wetangula lauded the decision and said that the people of Taita Taveta would be given a fair hearing in the determination of probing whether Governor Samboja was fit to rule them.
“A wise man has always room for change and that is exactly what you have depicted,” he said.
Makueni Senator Mutula Kilonzo exuded confidence that the committee would do a good job and offer a well-balanced determination that Governor Samboja would be hoping would be tilted to his favor.
Samboja becomes the sixth governor to be impeached since the establishment of devolved governments in 2013.
However, no Governor has lost his seat due to impeachment as the resolutions have either been overturned by the Senate or by the courts.
Embu Governor Martin Wambora is the only county boss to have been impeached twice by both the Senate and the MCAs but remained in office after he successfully challenged the process in court.
Others who have been impeached include Nyeri Governor the late Nderitu Gachagua, Paul Chepkwony (Kericho), Kivutha Kibwana (Makueni), Mwangi wa Iria (Murang’a) and Bernard Kiala (Deputy Governor, Machakos).
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