NAIROBI, Kenya, May 13- Wajir Governor Mohamed Mohamud will know his fate on Monday following an impeachment trial that concluded Friday.
The 11-member Senate Committee probing his removal by way of impeachment concluded its two-day hearing sessions and retreated to write a report after hearing evidence from the County Assembly and the Governor’s defense.
In his closing remarks, Governor Mohamud urged the committee to give a credible verdict for the benefit of the Wajir residents.
“We are convinced that the verdict reached by the committee when it retires to compile its report will be one that is credible and above board. To my advocates and key witnesses, I am contented with the solid defense you mounted against my impeachment. I am certain that the committee will consider your submissions and make a commensurate decision in relation to each and every allegation you responded to,” Mohamud said.
His lawyer Ndegwa Njiru told the committee that the evidence that the County Assembly presented did not meet the standard prove for impeachment while other evidence materials infringed on personal privacy of the Governor and his family
“When you retire to render your verdict, the question will be, whether the County Assembly has dispensed off with this burden of prove. The question of the threshold of the standard of prove and the burden of prove cannot be taken on mere platter of balance of probability,” Ndegwa said.
“Impeachment is a serious process with serious political consequences on the person being impeached,” he said.
Governor Mohamud was impeached on April 27 in a vote supported by 37 MCAs against 10. His impeachment hearings kicked off in the Senate Wednesday when he defended himself, terming the move a witch-hunt.
Grounds cited by the MCAs included gross violation of the Constitution, abuse of office, poor service delivery and gross misconduct.
The County Assembly represented by Lawyer Ahmedassir Abdullahi told the committee that the evidence they presented is unquestionable and they should not make excuses for the governor and allow him to continue misusing powers vested in him.
“Let us not make excuses for the many failures and transgressions of Governor Mohamud and his government. The buck stops with him. Section 30, sub-section 2 A to L of the County government ACT makes it clear that ultimate responsibility of any failure of the County Government falls with the governor that is the law,” Abdullahi
On Wednesday, Governor Mohamud denied all allegations leveled against him by the MCAs saying his impeachment was politically instigated.
“It is my humble plea that the committee will have time to look at the uniqueness circumstances that the Somali Community finds itself in the formation of the government at the County level. I believe the allegations contained in the impeachment by Wajir Assembly are politically motivated with malice and witch-hunt,” Mohamud said.
His lawyers Paul Nyamodi and Ndegwa Njiru pleaded with the committee to protect the integrity and professionalism of the Governor saying his reputation in the public service speaks for itself and his impeachment was only meant to tarnish his name.
“The man before you is an innocent man. He is a man who is facing a fishing expedition prosecution. We urge you to protect the man before you, to protect his integrity and uphold his dignity as prescribed in Article 29 of the Constitution,” Ndegwa pleaded.
The committee is set to retreat and write a report on whether the allegations leveled against Mohamud were substantiated or not.
Senate Speaker Ken Lusaka through a special gazette notice invited all Senators for a special sitting to consider the committee’s report on Monday next week.
“Notice is given to all Senators that pursuant to standing order 30(1) of the Senate Standing Orders, on the request of the Senate Majority Leader and with the support of the requisite number of Senators, I have appointed Monday, 17th May, 2021 as a day for a special sitting of the Senate. The special sitting shall be held in the Senate Chamber, Main Parliament Buildings, Nairobi, commencing at 2.30 p.m. The business to be transacted at the sitting shall be the consideration of the Report of the Special Committee on the Proposed Removal from the Office of the Governor of Wajir County,” read the notice.
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