Kiambu Senator Karungo Wa Thang'wa has suggested that governors operating commercial bank accounts should face impeachment.
Speaking on Friday after a Senate Committee on Devolution meeting, Karungo argued that despite the Constitution clearly stating that county governments should not operate commercial bank accounts unless approved by the National Treasury, several governors continue to do so.
After meeting with the Controller of Budget, the Council of Governors, and the Auditor-General, the committee agreed that measures should be put in place to stop lawlessness in counties.
''Should this be an impeachable offense? Regulation 82(1)(b) of the Public Finance Management (County Governments) Regulations prohibits counties from operating commercial bank accounts. Yet, almost all counties have gone rogue,'' Karungo asked.
The senator pointed out Kiambu and Baringo counties as among those going against the regulation, operating 276 and 304 commercial bank accounts respectively.
To ensure compliance among governors, the committee has directed the Controller of Budget (CoB) and the Auditor General to issue a circular requiring counties to provide details of all bank accounts under their control.
''The Committee has now directed the CoB and the Auditor General to issue a circular to all counties, compelling them to disclose all commercial bank accounts under their control,'' the senator said.
Governors operating commercial bank accounts have been warned to comply with the Constitution, as the matter of considering this as a ground for impeachment is under review.
Defending the counties, Council of Governors Chair for Finance, Planning and Economic Affairs and Kakamega Governor Fernandes Barasa differs with the senator, alleging that the law allows counties to operate commercial bank accounts in some instances.
''Represented the council of governors at a Senate forum deliberating the role of commercial bank accounts by Counties. Often misreported, the law allows counties to operate such accounts—for health facilities under the FIF Act, revenue collection, imprest, and donor-funded projects,'' Barasa said.
There are four major grounds for impeaching a governor as stipulated in the Constitution. These include gross violation of the Constitution, commission of a crime where there is substantial reason to believe the governor has committed a crime under national or international law, misuse of office, and physical or mental incapacity to perform their duties due to health-related issues.
If Karungo’s suggestion is adopted, the grounds for impeachment would increase.
Since the promulgation of the 2010 Constitution, 11 governors have faced impeachment motions; however, only three have been successfully impeached.
They include Mike Sonko (Nairobi), Ferdinand Waititu (Kiambu), and the most recent, Kawira Mwangaza (Meru).
