Kisii Deputy Governor Faces Impeachment Showdown: Senators Gear Up for Intense Debate
A political confrontation is on the horizon in the Senate as legislators prepare to deliberate on the impeachment of Kisii Deputy Governor Robert Monda.
Today, Senate Speaker Amason Kingi is anticipated to present the impeachment resolution for Dr. Monda to the House, initiating a period of vigorous lobbying leading up to the hearing.
Senate impeachment hearings frequently adopt a political dimension, with partisan divisions becoming apparent throughout the proceedings.
As party politics comes into focus, the power struggle between the Kenya Kwanza Alliance and the Azimio la Umoja One Kenya Coalition Party is anticipated to shape the future of the embattled Deputy Governor.
On Thursday of the previous week, Dr. Monda faced impeachment, with 53 out of 70 Members of the County Assembly (MCAs) supporting the motion. This marks the second instance of a deputy governor undergoing Senate proceedings since the 2022 elections, with Siaya’s William Oduol being the precedent, having been spared by the House.
On Saturday, Mr. Phillip Nyanumba, the Speaker of the Kisii County Assembly, formally informed Mr. Kingi about the impeachment resolutions by Section 33 (2)(a) of the County Governments Act.
The legal mandate dictates that the Speaker of the county assembly must notify the Speaker of the Senate about the regional parliament’s resolution within two days.
The progress allowed the speaker to inform the House about receiving the resolutions and present the argument for a hearing within a week.
As per Section 33(3) of the Act, once the notification is received, Mr. Kingi has a seven-day window to articulate the charges filed by the county assembly against Dr. Monda.
Following that, the impeachment proceedings will begin by the Standing Orders and Section 33 of the County Governments Act.
Dr. Monda faced impeachment charges based on severe breaches of the constitution, misuse of authority, significant misconduct, and offenses against national laws. The individual initiating the impeachment, Ichuni MCA Wycliffe Siocha, alleged that Dr. Monda accepted an 800,000 Shilling bribe from an impoverished, unemployed, and desperate youth in Kisii. The payment was purportedly in exchange for a promised job opportunity that was never fulfilled.
The Director-General, who was portrayed by attorneys Katwa Kigen and Wilkins Ochoki, refuted all the accusations brought against him.
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“We expect that due process shall be followed to give the deputy governor and the people of Kisii justice,” Narok Senator and Minority Whip Ledama Olekina told Nation yesterday.
Nairobi Senator and Deputy Minority Whip Edwin Sifuna stated that legislators will refrain from passing judgment until they have reviewed the specific charges against the Director General and examined the evidence substantiating the allegations.
“I am waiting for the communication and the impeachment bundle to go through to determine the case objectively just like we have done with other ouster cases,” said Mr Sifuna, who is also the Orange Democratic Movement secretary-general.
Kisii Senator Richard Onyonka stated that the Senate will adhere to proper procedures, guided by the Constitution.
He conveyed confidence that the proceedings would be impartial and just, with legal principles guiding the dispensation of justice.
“If we find that he has committed an offense, we will uphold the impeachment but if we find that he is just being fought politically, then the Senate will acquit him,” said Mr Onyonka.
Upon being informed, the Senate will designate a special committee consisting of 11 members through a resolution to examine the issue or conduct a hearing in the plenary session.
Should the Senate opt for the committee method, the team will examine the issue and provide a report to the Senate within 10 days.
The deputy governor is entitled to participate and have representation before the special committee throughout its inquiries.
However, should the Senate choose to consider the case as a full House committee, the trial will take place in the entire assembly.
Should the Senate committee determine that the details of the allegations lack supporting evidence, the issue will be concluded.
However, should the special committee discover evidence supporting any of the allegations, the Senate will then proceed to cast votes on the charges of impeachment.
Nevertheless, the voting will occur once there is a guarantee that the deputy governor has been given a just and impartial hearing.
If at least 24 senators, constituting a majority, vote in favor of the impeachment charge, the deputy governor will be removed from office.
However, should the Members of Parliament decide to dismiss the impeachment accusation, the Senate Speaker will inform the Speaker of the county assembly about the verdict.
If the Senate decides to impeach him, the deputy governor can also choose to challenge the decisions in a court of law.
This marks the second occasion the Senate will consider an impeachment case involving a deputy governor, following the precedent set by Mr. Oduol’s case.
The previous year, the senators considered and rejected, through a majority vote, the attempt to remove Governor James Orengo’s deputy.
Kisii Deputy Governor Faces Impeachment Showdown: Senators Gear Up for Intense Debate