The Senate has dismissed the Nyamira County Assembly’s petition to impeach Governor Amos Nyaribo after upholding a preliminary objection raised by his defenceSenators agreed that the required two-thirds threshold was not met, since only 23 out of 35 MCAs supported the motion instead of the minimum 24Speaker Amason Kingi announced the ruling after 38 senators voted in favour of the objection, effectively terminating the impeachment processSearch option is now available at TUKO! Feel free to search the content on topics/people you enjoy reading about in the top right corner 😉
Kai Eli, a journalist at TUKO.co.ke, brings more than three years of experience covering politics and current affairs in Kenya.
The Senate has thrown out the petition by the Nyamira County Assembly members to impeach Governor Amos Nyaribo for the third time.
Nyamira governor Amos Nyaribo walks into the Senate on Wednesday, December 3, for his impeachment hearing. Photo: Senate of Kenya.
Source: TwitterThe upper house on Wednesday, December 3, admitted the preliminary objection put forward by the governor’s defence, which argued that his impeachment by the County Assembly was unprocedural.
Why Amos Nyaribo challenged his impeachmentNyaribo’s side argued that the threshold for his impeachment was not met, as only 19 members of the assembly were present to approve the motion despite the indication that 23 MCAs impeached the governor.
Senator Aaron Cheruiyot, the majority leader, moved the motion on whether the objection argued by Nyaribo’s side is valid to stop the trial in the Senate.
The point of contention was whether the two-thirds threshold was met as the County Assembly passed the impeachment, with the County Assembly arguing that four MCAs were represented by their colleagues who had voted earlier.
The governor’s defence argued that 23 votes couldn’t approve an impeachment when only 19 ward representatives prosecuted the motion in the chamber.
The senators debated the matter ahead of the vote presided over by Speaker Amason Kingi.
Those against the objection argued that there were precedents set in the impeachments of former governors Mike Sonko (Nairobi) and Ferdinand Waititu (Kiambu), where the two-thirds rule was not a matter in the respective assemblies.
How senators saved Governor NyariboKingi put the matter up for a vote later in the evening after the house had taken a break, and a majority of the senators agreed the preliminary objection was valid. They argued that whilst there could be governance challenges and maladministration in the county, the rules of impeachment ought to be followed.
Thirty-eight senators voted in favour of the objection, with four opposing it. Nyamira senator Okong’o Omogeni was among the senators disapproving of the objection.
Speaker Amason Kingi presiding over the Senate proceedings on Wednesday, December 3. Photo: Senate of Kenya.
Source: TwitterConsequently, the speaker ruled that the impeachment would not proceed to the trial phase, whether in a plenary or special committee.
“The motion having been approved, the hearing of the proposed removal from office by impeachment of Hon. Amos Kimwomi Nyaribo, Governor of Nyamira County, is hereby terminated,” the speaker said.Earlier, the County Assembly, through its legal team, argued that the two-thirds threshold was met as four MCAs who were in support of the impeachment motion but were absent voted through their colleagues.
Lawyer Katwa Kigen, representing the assembly, argued that “voting by proxy” was not wrong, suggesting that those who did it had the consent of their colleagues who were not in the chamber.
The proponents of the motion argued that the law does not allow for such a provision as “voting by proxy”.
Nyaribo was impeached on November 25. The motion was sponsored by Majority Leader Julious Matwere.
Why was Amos Nyaribo impeached?Matwere, who represents the Bonyamatuta ward, accused the governor of gross constitutional violations, misconduct, and misuse of public funds as grounds for removal.
Nyaribo allegedly orchestrated a scheme to divert KSh 32 million to allies through irregular payroll entries and is said to have personally pocketed KSh 5.6 million in questionable salary arrears.
He also faced claims of unlawful appointments that bypassed assembly vetting, interference with the County Public Service Board through irregular audits, demotions, and attempts to suspend its secretary.
After the vote, Speaker Thaddeus Nyabaro announced he would inform the Senate speaker of the assembly’s resolution.
Ordinarily, Nyaribo’s case would have been prosecuted in the Senate’s plenary session or a special committee. He survived other impeachment attempts in 2023 and 2024.
Source: TUKO.co.ke
