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New twist in Sonko impeachment trial

Nairobi Governor Mike Sonko

Nairobi Governor Mike Sonko before the County Public and Investments Committee on July 15, 2020.

Photo credit: File | Nation Media Group

What you need to know:

  • Majority Samwel Poghisio abandoned the motion without any explanation, only saying it was for the convenience of the House.
  • Speaker Kenneth Lusaka promised to publish a notice in the Kenya Gazette detailing the day the trial will be conducted.

The rivalry between allies of President Uhuru Kenyatta and his deputy William Ruto played out in the Senate again on Wednesday forcing Speaker Kenneth Lusaka to suspend debate on the motion to impeach governor Mike Sonko.

In an unusual move, Leader of Majority Samwel Poghisio refused to table the motion that would have culminated in the formation of a 11-member special committee that would have investigated the governor.

The Senate Business Committee (SBC) had on Tuesday proposed the formation of the special committee, but in a strange twist, Mr Poghisio abandoned the motion without any explanation, only saying it was for the convenience of the House.

Due to time constraints, the decision means that the governor will now be subjected to a trial by the whole House, the only other available option.

With the new development, Mr Lusaka has promised to publish a notice in the Kenya Gazette detailing the day the trial will be conducted.

Mr Lusaka told the House that the Senate Business Committee had agreed on provisional dates for the investigations.

“I therefore wish to inform you that I will be gazetting Thursday December 17 and Friday, December 18, 2020 as the dates which the Senate shall undertake the investigation of this matter in plenary,” he ruled.

It is not clear why Mr Poghisio refused to table the motion, which is considered unusual in parliamentary tradition. But three probabilities were being floated by senators yesterday evening.

Some opined that the West Pokot senator’s move was a tactical retreat, after he sensed the possibility of the motion being defeated. According to the source, it is the high-level mobilisation witnessed in Tangatanga and their desire to create a contest so early in the process that led Mr Poghisio to abandon is motion.

The plenary option, he said, had started gaining momentum, with senators in Mr Sonko’s corner drumming up support for the option.

Abandoned motion

But the Nation also learnt that Mr Poghisio was forced to abandon the motion on the firm instructions of some powerful people in the Executive.

Realising that the committee route is far easier for the governor and his supporters to manipulate, the State changed tack and opted for plenary. 

Majority Whip Irungu Kang’ata defended Mr Poghisio, saying they had agreed to go the plenary way where every senator’s voice will be heard. “We realised there were two sets of senators.

Some wanted the committee route others preferred a plenary. Mine is to champion a win-win situation where the Senate speaks in one voice through dialogue and consensus. At the end of the day, government side does not want to be seen as if it has a predetermined position,” he said.

Signs of trouble between allies of the President and his deputy had been on display early on when the Speaker made a ruling that allowed some members to attend the sitting and vote virtually through the Zoom platform.

The communication was not taken lightly with Ruto-leaning senators openly challenging the ruling and raising questions about the security of the digital system in undertaking a vote in a critical business as the removal of the governor.

Senators Kipchumba Murkomen, Aaron Cheruiyot, Mithika Linturi, Ledama ole Kina and Moses Wetang’ula challenged the ruling questioning its security and declared that it was not easy to ascertain who logged in and voted.

“The ruling on the virtual system is not good because the system has never been tested before to ascertain its efficacy,” Mr Linturi said, suggesting that the poll could be rigged.

Ole Kina said the system was not verifiable and secure and urged the Speaker to suspend its operationalisation.

However, Mr Lusaka stuck to his guns and insisted that the system will have to be piloted.

“It is this House that agreed to have the system and it is only fair that we develop confidence in what we agree here as a House,” he said.