How 7 Charges Against Waiguru Were Cleared - Malala

Kirinyaga Governor Anne Waiguru appears before the Senate in June 2020
Kirinyaga Governor Anne Waiguru appears before the Senate in June 2020
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Kirinyaga Governor Anne Waiguru has been cleared of all allegations by the 11 member committee listening to her impeachment case. Waiguru had been accused of gross violation of the constitution and other laws, and abuse of office. 

"The Committee having investigated the matter in accordance with its mandate under section 33(4) of the County Governments Act and standing order 75(2) of the Senate Standing Orders reports to the Senate that it finds that the charges against the Governor have not been substantiated," Senator Cleophas Malala's report states. 

The Senator further clarified how his committee cleared Waiguru of all seven allegations labelled against her before Senate was adjourned at 5:45 p.m. 

15:47: Malala reads the findings of their report.

1. The Committee noted that there is no county legislation to provide for the content of the Annual State of the County Address as alleged by MCAs

     From the evidence adduced before the Committee, the Governor demonstrated that two Annual State of the County Address was made.

2. On undermining the authority of the County Assembly

    The county executive has always submitted county policy papers and plans including the County Strategy papers before the County Assembly.

    Further, the County Assembly has always approved the annual budget.

3. Violation of the Public Procurement 

     From the evidence adduced, the Committee noted clear mismanagement of some tenders.

     Of the 12 tenders listed in the Motion, the County Assembly only prosecuted four of them.

     Of the four tenders prosecuted, the Committee notes that there was clear mismanagement of the tender process where tenders were awarded to Companies whose bids were not responsive or where there were clear cases of conflict of interest.

A screengrab of the conclusive report against the impeachment of Kirinyaga Governor on Friday, June 26, 2020
A screengrab of the conclusive report against the impeachment of Kirinyaga Governor on Friday, June 26, 2020
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     The committee recommended that investigatory authorities undertake investigations on the same and the culpable officers including the respective Tender Evaluation Committee members be called to account.

4. There was no evidence linking the Governor with the establishment of tender evaluation committees.

5. The Committee established administrative malaise in the management of imprests in Kirinyaga County. Waiguru was found guilty of failing to return travel imprest within seven days and conferring a benefit to herself.

The Committee found out that this allegation was proved but does not amount to an impeachable offence.

6. On remuneration of members of the Board of Kirinyaga Investment Development Authority (KIDA), the evidence adduced before the Committee demonstrated that payment was made in accordance with Salaries and Remuneration Commission circular on Payment of allowances to Boards and Commissions. The allegation was not proven and was unsubstantiated. 

7. On the violation of the Right to Health of the people of Kirinyaga county, the Committee further noted the high turn-over of health workers in Kirinyaga County and the inordinate delay in the payment of health workers who pursuant to the Governor’s moratorium, resumed work. This issue should be addressed forthwith.

Senator Cleophas Malala (Left) pictured during the first  hearing of Kirinyaga Governor Anne Waiguru's impeachment Motion June 23, 2020.
Senator Cleophas Malala (Left) pictured during the first hearing of Kirinyaga Governor Anne Waiguru's impeachment Motion June 23, 2020.
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15:33: Senators James Orengo, Mutula Kilonzo and Samuel Phoghisio hit back at Murkomen for interruptions. Kilonzo asks the Speaker to restrain and dismiss Murkomen. 

15:26: Murkomen interjects Senator Malala and asks him to address the subject matter instead of reading the whole report. 

15:23: Senator Malala insists that he is still Kakamega Senator despite being ousted by ANC. Reads Waiguru's report in the Senate. 

15:15: Senate resumes sitting. Lusaka prays. 

14:55: Senate report clears Waiguru of all charges.

14:42: Kakamega Senator Cleophas Malala presents the report to Lusaka who suspends the house for 30 minutes to read the report. 

14:40: Lusaka announces that Waiguru has arrived and may be accorded the opportunity to defend herself. 

14:30: Speaker Ken Lusaka opens the floors and updates Senators on Governor Anne Waiguru's impeachment.

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