Talk rife of Obado ouster as party summons MCAs

Migori Governor Okoth Obado at the Milimani Anti-Corruption court on August 27,2020 where he and 10 other suspects denied graft charges.

Photo credit: Evans Habil | Nation Media Group

What you need to know:

  • Following the developments, ODM, which has a majority in the assembly, invited its members for an urgent “consultative meeting” in Nairobi today.
  • Multiple sources confirmed the possibility of initiating an impeachment motion against Mr Obado who is also on trial for the murder of former Rongo University girlfriend Sharon Otieno and her unborn son.
  • Migori Senator Ochillo Ayacko told the Nation that the indictment of Obado was “a serious issue” that needs “intense engagement.”

More trouble awaits Migori Governor Okoth Obado with reports of a planned motion to impeach him in the assembly following his prosecution on claims of looting county coffers.

On the day the governor was barred by a court from accessing his office pending the conclusion of a corruption trial, the Orange Democratic Movement (ODM) summoned Migori MCAs for a meeting today with sources suggesting an impeachment motion could feature at the talks.

On Monday, Chief Magistrate Lawrence Mugambi of the Milimani Anti-corruption Court freed him on a Sh8.7 million cash bail or an alternative Sh20 million bond and prohibited him from travelling outside the country.

Following the developments, ODM, which has a majority in the assembly, invited its members for an urgent “consultative meeting” in Nairobi today.

ODM Executive Director Oduor Ong’wen wrote to Migori County Assembly Majority Chief Whip Keke Oyugi on Monday asking him to invite the party’s MCAs for the meeting with its national leadership.

Mr Oyugi also sent out SMS invites to the 42 ward reps. The Nation has established that among the agenda which the party has kept closely guarded is “charting the way forward for the county for the sake of the people of Migori.”

 Multiple sources confirmed the possibility of initiating an impeachment motion against Mr Obado who is also on trial for the murder of former Rongo University girlfriend Sharon Otieno and her unborn son.

Tomorrow marks two years since Ms Otieno and Nation Journalist Barrack Oduor were abducted in Rongo town. The body of Ms Otieno was later found in a thicket near Oyugi’s town.

An MCA who sought anonymity said if initiating an impeachment motion against the governor will be in the interest of the county, it will be their first resort.

Violation of the Constitution

The law provides that a governor may be removed from office on gross violation of the Constitution or any other law and where there are serious reasons for believing that the governor has committed a crime under national or international law.

Abuse of office or gross misconduct as well as physical or mental incapacity to perform the functions of office of county governor are other grounds for removal.

Such a motion is filed by an MCA supported by at least a third of all the members. The motion must secure a two-thirds majority for the Senate to convene impeachment proceedings. The Migori County Assembly has 57 MCAs—40 elected and 17 nominated—which means at least 38 MCAs must support the impeachment motion for it to pass.

ODM has a majority (41) followed by Jubilee (5) and Ford Kenya (3). Out of the 40 elected MCAs, 27 are ODM, Jubilee has three, Ford-Kenya (2), Peoples’ Party of Kenya (1) and seven are independent. ODM has 14 out of the 17 nominated MCAs, Jubilee two and Ford Kenya one.

Migori Senator Ochillo Ayacko told the Nation that the indictment of Obado was “a serious issue” that needs “intense engagement.” He neither denied nor confirmed reports of a looming impeachment.

ODM National Chairman John Mbadi downplayed the impeachment talks, saying the agenda of the meeting had not been disclosed. But he acknowledged that there are issues in Migori County that need urgent intervention.