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Senate's options in governor Mwangaza impeachment trial

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Meru Governor Kawira Mwangaza before 11-member Senate Committee during her impeachment trial at parliament buildings on December 27, 2022.

Photo credit: Lucy Wanjiru | NMG

As senators prepare for the third impeachment trial of Governor Kawira Mwangaza today, August 14, analysts have identified three possible outcomes.
 
They say given the protracted nature of the dispute between the county chief and members of the county assembly, the matter should be settled this time.

The political dispute, which has seen Governor Kawira Mwangaza impeached three times by the assembly, appears to have gotten out of hand with no reconciliation in sight.

Political pundits now argue that there are only three options to resolve the long-running dispute between the MCAs and the governor.

Prof Gitile Naituli, a governance lecturer at the Multi Media University of Kenya, said the Senate did not have the latitude to allow further delay in resolving the matter, adding that the constant wrangling threatened to derail development in the county.
 
"The Senate can either throw the governor out or save her. But there is a third option where the House can recommend to the President to intervene and appoint a county manager similar to the Nairobi Metropolitan who came in when Mike Sonko was impeached," he said.
 
"The county manager will be charged with the responsibility of working with the county assembly and ensuring that Bills passed by the House are implemented. This will also ensure that budgets are passed and adhered to smoothly," Prof Gitile added.

Options on the table in the event that Governor Mwangaza survives impeachment by the Senate include suspension of the county government and/or establishment of a caretaker administration.

Article 192 of the Constitution and Section 123 of the County Governments Act provide that a county government may be suspended by the President in the event of internal conflict, war or exceptional circumstances.
 
The County Governments Act states that a county government may be suspended for 'actions deemed to be contrary to the common needs and interests of the citizens'.

According to a source in the Ameru Njuri Ncheke Council of Elders, the council also felt that the dispute had gone on for far too long and should be resolved once and for all.
 
Last year, after the second impeachment attempt, President William Ruto asked the elders to mediate between the two parties, including reconciling the governor with her deputy Mutuma M'Ethingia, with whom they don't see eye to eye.
 
"The elders told the governor to work with the assembly and her deputy to resolve the impasse, failing which they would recommend to the president to take a drastic measure including the dissolution of the county," said an elder who declined to be named as the report is yet to be made public.

While members of the Meru County Assembly are pushing for Governor Mwangaza's removal through impeachment, the governor's allies are calling for the county to be suspended.

Nine Meru residents have already submitted a petition to President William Ruto asking him to suspend the county government, citing a protracted leadership tussle.

They cite the persistent impeachment of Governor Mwangaza, and the passing of deterrent and illegal legislation by the county assembly as some of the outcomes of the bitter rivalry between the assembly and the executive.

"The Meru County Executive and the Meru County Assembly are operating at extremes and are clearly at loggerheads. The Meru County government has irretrievably broken down and is completely dysfunctional. 

Instead of the two entities working together as one government, we have two governments operating in parallel; one under Governor Kawira Mwangaza and the other under Speaker Ayub Bundi," the petitioners said.

The petition by Jesse Mutuma, Doris Mugure, Patrick Gatobu, Monica Njeri, Jesse Waiti, David Muthengi, Felix Mutungi, Peter Kithinji and Glory Kaguri further argues that the stalemate has sabotaged the implementation of the objects of devolution in Meru.

They also claim that attempts by Governor Mwangaza to invite all political leaders for reconciliation have failed.

According to nominated MCA Mwenda Kiriinya, the room for reconciliation with Governor Mwangaza has been exhausted.

"The only alternative we have is to remove the governor because she has failed in her mandate. There is no room for negotiation," said Kiriinya.

Despite this, Governor Mwangaza is making headway in the county assembly, having secured the support of 17 MCAs in the recent impeachment process