Nyamira Governor Amos Nyaribo narrowly survives impeachment
Nyamira County Governor Amos Nyaribo when he appeared before the Senate County Public Investment Committee at Bunge Towers, Nairobi on September 5, 2024.
Nyamira Governor Amos Nyaribo has, for the second time in less than a year, narrowly survived impeachment over alleged violation of the law, misconduct and abuse of office.
The second motion aborted Tuesday noon after 22 Members of the County Assembly (MCAs) backed the move, against a threshold of 23 votes.
“Those who voted yes are 22; those who voted no are 12. The number of those who abstained is zero, making the total number of valid votes to be 34. The threshold (for impeachment) stands at 22.6, which is 23. So the governor survives,” ruled House Speaker Enock Okero.
This means that the 12 MCAs who voted against the motion successfully shot it down.
Addressing members of the media shortly afterwards, House Majority Leader Abel Mose expressed his pleasure with the turn of events.
“We are thankful to God for the victory we have got in this impeachment motion. We have won a second time,” he said.
Mr Mose further asked his pro-impeachment colleagues to “stop the joke of impeachment” and give Mr Nyaribo ample time to work.
He added that there was a need for peace in Nyamira if the governor’s manifesto is to be fulfilled.
The governor’s advocate Jacob Ngwele expressed concerns over what he termed as a rising number of impeachment motions that are not supported by evidence.
“Our point was that for an impeachment motion to succeed, there must be a nexus between the impeachment motion you are bringing and the governor. You cannot just bring a motion raising rumours and propaganda,” remarked Mr Ngwele.
In the meantime, he urged for dialogue among leaders and peace to enable Governor Nyaribo deliver services to the people.
“I am calling on all leaders to be peaceful. Let the MCAs work with the governor to enable him achieve the objectives of his administration,” said Mr Ngwele.
The defeated motion was moved by Wiper party’s nominated MCA Evans Matunda who urged his colleagues to back the motion on claims that Mr Nyaribo had violated Article 181(a), (b) and (c) of the Constitution of Kenya.
Mr Matunda had submitted that the county boss had further violated Section 33 of the County Governments Acts (2012) and Standing Order No.62 of the Nyamira County Assembly.
These pieces of legislation prescribe how holders of public offices should behave, use public funds and be accountable to members of the public. Accordingly, the motion accuses Mr Nyaribo of gross violation of the Constitution of Kenya 2010, and other laws, abuse of office and gross misconduct.
“This assembly now resolves to remove His Excellency Amos Nyaribo from the office of the Governor of Nyamira County pursuant to Article 181, Clause 1 (a), (b) and (c) of the Constitution, Section 33 of the County Government Act (2012) and Standing Order 62 of the Nyamira County assembly,” Mr Matunda moved.
His motion was seconded by Magombo Ward Rep Riech Minda. Majority of the MCA’s have appended their signatures in support of the motion.
“The motion is now open for debate,” directed House Speaker Enock Okero, shortly after the motion was moved.
The governor is represented at the assembly by his lawyers, led by Jacob Ngwele.
The motion advances that the governor “single-handedly” sourced Godfrey Kiriago and Emelda Nyaberi as director of human resource management and human resource officer, respectively, contrary to Section 5(2) of the Employment Act (2007) which calls for fair competition in an employment process.
Mr Matunda accuses Mr Nyaribo of denying students the right to education by discriminating against some learners because they did not allegedly cast a vote for him (Mr Nyaribo).
“In January 2024 at Uhuru Gardens in Nyamira town, the governor uttered words to the effect that ‘those who don’t vote in Nyamira, if your father or your mother does not vote in Nyamira, you belong to where your parents are voters, hence you should apply there and get the bursary there’”, reads the motion in part.
Disability board
The motion accuses the governor of failing to constitute the Nyamira County Persons with Disability Board, hence violating the Nyamira County Persons with Disability Act, 2023.
Mr Matunda submitted that the governor failed to do so nine months after the endorsement of the Act and despite numerous pleas from persons that the Act was meant to benefit.
The motion wants the governor shown the door over alleged failure to contain the county wage bill at 35 percent, as per the dictates of the Public Finance Management (PFM) Act, 2012.
“The governor has benefitted from a mortgage facility from the county government of Nyamira without meeting the laid down requirements in Nyamira County Mortgage Scheme Fund Regulations,” the motion continues.
The appointment of Mr Kiriago and Ms Nyaberi, the motion establishes, was found to be “illegal, discriminatory and unconstitutional” by Justice Christine Baari on December 16, 2021 at the Kisumu Employment and Labour Relations Court.
The ELR court ordered for the revocation of the appointments but the governor disobeyed, says the motion, hence an abuse of office and gross misconduct.
The motion accuses the governor of allegedly devising and effecting a systematic scheme to defraud the county through manipulation of the payroll.
That the governor “illegally and un-procedurally recruited members of staff - Mr Kiriago and Ms Nyaberi - to the county service”.
The motion advances that Mr Kiriago and Ms Nyaberi allegedly paid hefty and unexplained amounts to the governor and his cronies.
That the governor’s July 2023 pay slip allagedly had unexplained payment of salary arrears amounting to Sh5.6 million, according to Mr Kiriago.
An ECDE teacher, Rose Bosibori, received a special house allowance of Sh25 million as evidenced by her March 2023 pay slip.
Ms Gladys Moraa received a special salary of Sh1.1 million in rental allowance in January 2023.
Lastly, Isaac Kerongo, another suspected crony of the governor, received Sh700,836 as a special salary in January 2023.
“These irregular payments caused the county government of Nyamira a loss of public funds amounting to Sh33.5 million,” reads the motion in part.
This is the second attempt at impeaching Mr Nyaribo after the first one failed in October 2023.
Mr Nyaribo survived the first impeachment after 16 MCAs voted for the impeachment against 18 who voted against it.
The charges that were pressed against Mr Nyaribo during the first attempt were largely similar to the ones in the current scenario.
