Nyandarua Governor Moses Kiarie alias Badilisha is set to join a flurry of governors seeking survival following the filing of a seeking his impeachment.
Mirangine MCA Samuel Mathu filed the special impeachment motion to oust the governor on various grounds amongst them gross violation of the Constitution.
“Pursuant to the Provisions of Article 181. (1) (a), (b), and (c) of the Constitution of Kenya, 2010, Sections 32C. (f), and 33 of the County Governments Act and Standing Orders No. 67 of the Standing Orders of the County Assembly of Nyandarua, this assembly resolves to remove from Office, by impeachment, His Excellency Moses Kiarie Ndirangu alias Badilisha, the Governor of the County Government of Nyandarua,” the motion obtained by Kenyans.co.ke reads in part.
The MCA claims that the county boss violated the Employment Act of 2007, County Governments Act No. 17 of 2012, and the Public Appointments Act No. 5 of 2017 by “politically handpicking” officers to serve as station revenue heads. "That, on or about September 5, 2024, the Governor, through the County Executive Member for Finance, Economic Planning and ICT, allowed and oversaw the deployment and or placement of the (Governor’s Service Delivery Unit - GSDU Officers) Partisan Staff to subsequently head the seven revenue stations in the county against the laws,” the motion read.
By law, Partisan Staff are provided by the Salaries and Remuneration Commission to facilitate operations in the Office of the Governor and are not subject to any competitive recruitment process. On the other hand, Sub-County Revenue Heads are establishments within the County Public Service that have clear recruitment procedures, structure, and reporting protocols.
Mathu claims that the Governor violated the Constitution by having the GSDU officers work as revenue heads. “Then, it cannot be that politically handpicked officers can be used as Station Revenue Heads. These officers have no structural/contractual relationship with the County Public Service,” Mathu stated.
“This can only be ill plans to defraud and misappropriate revenues at source and thereby negatively affect service delivery to the public of Nyandarua County,” Mathu added.
The MCA also accused the Governor of corruption in the county tendering process. “The Governor on several occasions has engaged in some criminal and corruption activities of demanding money (i.e. 10 per cent of the tender amount) from the county suppliers and service providers in exchange for payment of supplies and services offered to the county,” the motion read. Mathu states that Badilisha’s actions have demeaned the Office of the Governor and are a violation of various leadership and integrity codes as well as the Public Officer Code of Ethics.
Furthermore, Mathu has accused the Badilisha of abuse of office and gross misconduct. The MCA claims that the governor has used his position to influence “illegal” payments, “illegal” leasing of the Governor’s Office space, and “illegal” procurement of a hotel.
Mathu claims that the Governor used his office to authorize payment to a company he owns for a pack house built in 2015. The County Government of Nyandarua had at the time contracted Badilisha’s company to construct the pack house which failed to meet the Kenya Building Code and Standards.
Consequently, the county government did not certify the works for payment. “It is unfortunate that, upon becoming the Governor of Nyandarua, Moses Kiarie Ndirangu alias Badilisha, authorized the Department of Agriculture and Finance to pay the questionable packhouse certificates. This was despite there being no budget line or provision for such an expenditure,” the MCA asserted.
Badilisha has also been accused of leasing the Governor’s office in Nairobi at exaggerated rates that were not competitively arrived at. According to the MCA, this has led to the county government incurring huge and unmerited costs. “The governor failed to cushion the public from this unnecessary expenditure. This action is a clear indication of the office being a conduit for siphoning public resources,” the MCA argued.
While accusing him of gross misconduct, Mathu laid blame on the Badilisha for the illegal, improper, and hurried procurement of the county government insurance cover. Mathu asserted that this was all in a move to siphon public resources from the county boss.
“The governor has overseen an illegal procurement of medical cover insurance for the staff of the county government at an unbudgeted cost of Ksh268 million from a medical cover provided by NHIF at a cost of Ksh80 million that was supported by the budget,” the motion informed.
The MCA in his impeachment motion, urged the county assembly to oust the governor. “Given the matters outlined herein the provided grounds and facts enumerated above in this motion, I invite this County Assembly to remove His Excellency Moses Kiarie Ndirangu alias Badilisha from the Office of the County Governor for Nyandarua County in the Republic of Kenya,” the MCA reiterated.
