Impeachment trial of Meru Governor Kawira Mwangaza
Embattled Meru Governor Kawira Mwangaza has tapped the services of six advocates to represent her as she fights to overturn her removal from office before the Senate. She has retained the services of lawyers Elicha Ongoya and Elias Mutuma. The two will be joined by Bridah Kimathi, Robert Mutembei, Edgar Busienga and Collins Mwenda in what is expected to be a fierce battle for survival by the county boss.
Charges
Below are the charges facing the governor:
1. Gross Violation of the Constitution and other laws
The particulars of this allegation are that the Governor:
Violated Articles 10 (2), 27, 41, 47, 73, 232, 235, 236, and 251 of the Constitution by illegally revoking the appointment of CPA Virginia Kawira Miriti as Secretary/CEO of the Meru County Public Service Board, without the requisite vote from the County Assembly, thus usurping the powers of the Assembly;
Breached sections 10, 15, 19, and 24 of the Public Officer Ethics Act, 2003, sections 3, 7, 8, 9, 10, 11, 13(1)(b), (f), 21, 29, and 52 of the Leadership and Integrity Act, 2012, and section 4 of the Public Appointments (County Assemblies Approval) Act by failing to appoint the Chairpersons of key county boards and allowing unauthorized persons to oversee public funds without proper accountability;
Refused to implement the recommendations and resolutions of the County Assembly, on the dismissal of the County Secretary, Dr. Kiambi Atheru Thambura and the Chief of Staff, Mr. Harrison Gatobu Nchamba Mbithi for gross violation of the Constitution and other laws and failed to submit a report to the County Assembly on the implementation of the said resolutions of the Assembly in direct violation of Article 183(3) of the Constitution; and
Illegally dismissed Dr. Ntoiti (CEO of County Revenue Board), Paul Mwaki (CEO of Liquor Board), Kenneth Kimathi Mbae (Managing Director of Meru Microfinance Corporation), and Joseph Kithure Mberia (CEO of MEWASS), contrary to the provisions of the Meru County Revenue Board Act and the Meru County Investment and Development Corporation Act, thereby leading to significant financial penalties by the Employment and Labour Relations Court against the County Government on account of legal costs and damages.
2. Gross Misconduct
The particulars of this allegation are that the Governor:
Misled the public by falsely claiming that Sh86 million was raised through a Paybill number after the murder of Daniel Muthiani alias Sniper, while the actual amount raised was Sh286.5 million in violation of the Public Officer Ethics Act and the Leadership and Integrity Act.
3. Abuse of Office
The particulars of this allegation are that the Governor-
Authorized irregular payments of emergency call allowances, to 161 doctors and medical officers using the wrong rates resulting in an overpayment of Sh74.3 million, contrary to the Anti-Corruption and Economic Crimes Act, and other relevant laws;
Used a manual payroll to pay personnel emoluments amounting to Sh102.94 million, contrary to established financial regulations in section 6.7.6 of the County Financial Accounting and Reporting manual;
Employed a bloated workforce of at least one hundred and eleven (111) personal staff in the office of the Governor, increasing the county wage bill beyond the legal limit, in violation of the Public Finance Management (County Governments) Regulations, 2015; and
Continued to pay full salary and benefits to a Public Communication Officer accused of murder, in violation of the Public Service Commission Discipline Manual for the Public Service.
