Former Embu Governor Martin Wambora, Chairperson Council of Governors Anne Waiguru, Former Kiambu Governor Ferdinard Waititu and Meru Governor Kawira Mwangaza.
The impeachment trial of Meru Governor Kawira Mwangaza, her third in less than two years, has exposed the populous Mt Kenya region as the most politically volatile and restive in the country.
An analysis of impeachment motions brought against governors shows that Mt Kenya has recorded the highest number of ouster bids since the advent of devolution in 2013.
The 10 counties in the larger Mt Kenya region have also recorded the highest turnover of governors since 2013, with Kiambu having its fourth chief, Mr Kimani Wamatangi, after James Nyoro , Ferdinand Waititu, and William Kabogo in that order.
Voters in the 2017 General Election kicked out nearly all the pioneer governors except for Murang’a’s Mwangi Wa Iria and Embu’s Martin Wambora. This is in stark contrast with other regions where most governors have served two terms in office.
Eleven governors and three deputy governors have been impeached by MCAs since 2013, but only two governors — Mike Sonko of Nairobi and Mr Waititu of Kiambu — as well as Kisii Deputy Governor Robert Monda – were successfully removed from office, with the others being rescued by the Senate and the courts.
MCAs have voted to impeach Ms Mwangaza three times, as well as Mr Wa Iria, Mr Granton Samboja (former Taita Taveta governor), Kirinyaga Governor Anne Waiguru, Mr Paul Chepkwony (former Kericho boss), and former Nyeri Governor Nderitu Gachagua, but they were saved by the Senate. Mr Wambora and ex-Wajir boss Mohamed Abdi were also kicked out and their removal upheld by the Senators. They were reinstated after successfully filing cases in the courts.
In 2014, Mr Wambora became the first governor to face impeachment. The governor, who would later serve his maximum two terms, was impeached a record four times in 2014.
40 senators
In February 2014, Embu MCAs voted to remove him from office, but the High Court quashed it on the grounds that the court had halted the process. In April, they again impeached him. The assembly’s resolution was upheld after 40 senators voted in support.
But Court of Appeal Judges GBM Kariuki, John Mwera and Hannah Okwengu nullified the impeachment for lack of evidence that he had violated the constitution, handing him a lease of life as a governor.
Siaya Deputy Governor William Oduol and former Machakos Deputy Governor Bernard Muia Kiala also became victims of impeachment but were served by the Senate. Mr Monda was, however, not lucky as the Senate upheld his ouster.
The impeachment of governors is guided by the County Governments Act, which lays out the grounds as gross violation of the Constitution, abuse of office or gross misconduct.
Ms Waiguru acknowledged that impeachments are a legitimate tool for holding elected officials accountable, but argued that, in most cases, the reasons are politically motivated.
She said the political reasons particularly affect governors in their first terms when those aspiring to remove them coalesce to distract them from achieving any objective development which may ensure re-election.
She further argued that other fights may arise between the governors and county assemblies over budget allocations and project control.
“Most grounds presented against governors are long on allegations but short on evidence. Sometimes, it’s just about managing relationships between the county executive and the assembly,” said Ms Waiguru.
On why most of the impeachments are concentrated within Mt Kenya region, she said the region’s politics are volatile with powerful national and regional interests. She further explained that Mt Kenya has traditionally lacked a powerful political kingpin.
“The free-for-all culture sometimes means local interests reign supreme and can lead to instability and distract from development in many instances,” she said
Mr Waititu, who was impeached in June 2020, told the Nation frequent impeachment motions in Mt Kenya are largely influenced by external forces, whom he accused of using MCAs to settle political scores.
He claimed that he became a victim of the Kieleweke and Tangatanga political wars. Kieleweke and Tangatanga were political factions led by former President Uhuru Kenyatta and his then-deputy William Ruto respectively. Mr Waititu was allied to Dr Ruto’s Tangatanga group.
Former Laikipia Governor Ndiritu Muriithi described the region, including its voters as restive. He cited the high turnover rate of elected leaders as an indicator of a population that gets dissatisfied easily.
“I think it is a good thing. I take it to mean that their political antenna is always up. That is why UDA is currently in trouble barely two years in office,” said the former governor. He said of all the governors elected in 2017, including himself, only two were re-elected in the 2022 General Election. Ms Waiguru and her Tharaka Nithi counterpart Muthomi Njuki were the only governors to be re-elected.
Former Makueni Governor Kivutha Kibwana, whose impeachment sailed through at the assembly but did not get to the Senate after he obtained a court injunction, said the impeachments are fuelled by several factors including politics and the relationships between governors, MCAs and other leaders in the county.
He added that some, although few, are caused by incompetence on the part of the governor.
Prof Kibwana said that, in his case, he only faced a single impeachment motion but was saved by the courts which said the MCAs did not follow the procedures in their rush to carry out the ouster.
“The court stopped the Senate from considering the assembly’s resolution and the matter was still in court by the time I completed my second term,” he said.
Impeachment cases
As a cure to the too many impeachment cases, Prof Kibwana said the law should be changed to cap the impeachment to two in a single term and provide that an impeachment motion can only be brought against a governor at least after two years in office. He explained that the change should mirror the two-year cushion provided to MPs before any recall can be exercised.
“The law should also demand greater involvement by voters who may be happy with how their governor is working but do not have a voice during the impeachment process at the county assembly,” he added.
Machakos Deputy Governor Francis Mwangangi blamed the flurry of impeachments on lack of inclusion of MCAs in the running of the county. Mr Mwangagi said governors should allow broad consultation so as to carry on board the ideas of all stakeholders in the execution of programmes.
He, however, suggested the need for a higher threshold for impeachment to curb political witch-hunting. He argued that some of the impeachments were being sponsored by external forces to meet political ends in regional supremacy contests.
“We have had instances where leaders who feel threatened by performing governors sponsor their impeachment. Governors have also been accused of sponsoring impeachment of their deputies,” said Mr Mwangagi.
Political commentator Mark Bichachi said impeachment in Kenya is mostly political or financial.
He said when powerful figures do not want a certain governor, they have them impeached. The ouster can also be instigated by MCAs who are unhappy with how their affairs are being handled, Mr Bichachi said. Mt Kenya region, he explained, has seen many impeachment cases because its politics is in a constant state of flux.
