A rising wave of impeachments targeting governors and their deputies has shifted attention to the management of county governments and the uneasy relationship between assemblies and executives.
Since the advent of devolution in 2013, the Senate has heard 19 impeachment cases involving county bosses and their deputies, with eight in the last three years.
Only last week, senators heard the impeachment motion against Kericho Governor Eric Mutai for the second time in less than a year.
This came barely a month after they considered the removal motion of Isiolo Governor Abdi Guyo. The case was dismissed on a technicality.
In these cases, MCAs accuse governors of massive graft, high-handedness, harassment and intimidation that amount to abuse of office, gross misconduct and gross violation of the constitution.
However, the county chiefs denounce their troubles on ‘manipulative and extortionist’ MCAs, deep political rivalry and witch hunt.
The trend has cast a spotlight on governors’ leadership styles, their fraught ties with county assemblies and the effectiveness of oversight at the county level.
Allegations of massive corruption scandals, financial mismanagement and collapsing service delivery have rocked county administrations, with several governors directly implicated.
Oversight reports from the Auditor General, the Controller of Budget, the Senate and county assemblies have painted a picture of graft-ridden devolved units.
They cite illegal procurement, fictitious payments, ghost workers, stalled projects, embezzlement of public funds and outright theft as the hallmarks of many county administrations. “Most of these governors have serious issues. They went in there and started stealing. Very few are working. Many of them have serious governance and integrity issues,” political analyst Martin Andati said.
He said a protracted power struggle and the control of financial resources are also at the centre of the wave of impeachment cases.
“Everyone wants to have a piece of the pie. Governors are not eating with senators and MCAs. That is why most governors are getting a sense of hostility,” Andati said.
However, Alego Usonga MP Sam Atandi said MCAs are abusing the impeachment law, adding they are using it as a tool to intimidate and extort.
“The impeachment clause for governors should be scrapped. It is being abused by greedy MCAs and idle senators. The clause is a threat to the success of devolution,” he said.
During the recently concluded Devolution Conference in Homa Bay, the Council of Governors lamented the selective application of the impeachment provision, adding the governors have had to ‘buy’ their peace at every level.
CoG chairman Ahmed Abdullahi said while no MP or MCA has ever been recalled for abuses of office, four governors have been successfully impeached.
“The question then begs, are Kenyans only electing the wrong governors? Is it only governors that are so bad that they have to be impeached and they can’t finish their term?” he posed.
Since 2013, three former governors have been convicted of corruption. They include former Samburu Governor Moses Lenolkulal (Samburu), Ferdinand Waititu (Kiambu) and Danel Waithaka (Nyandarua).
Currently, two others are facing imminent arrest and prosecution after the Office of the Director of Public Prosecutions approved their prosecution.
They are Bomet Governor Hillary Barchok and former Bungoma Governor Wycliffe Wangamati.
The decision follows investigations by the Ethics and Anti-Corruption Commission, which had recommended their prosecution alongside other individuals over alleged corruption.
According to the ODPP, the cases involve inquiries into county government operations that have raised allegations of procurement fraud, conflict of interest and misappropriation of public funds.
Wangamati will face charges of conflict of interest. The inquiry alleged that funds were diverted through private companies associated with him and his close associates.
Earlier, the EACC disclosed that at least four sitting governors are under probe for corruption-related crimes.
The commission added that 11 other former governors are under investigation for the same offences.
“Notwithstanding the aforementioned interventions, there is a continued feeling by Kenyans, especially the youthful population, that the level of corruption in the country is on the increase,” EACC chief executive officer Abdi Mohamud said.
A report by the Senate Public Accounts Committee on the scrutiny of the Auditor General’s report for county executives for 2022-23 revealed that weak financial systems and officers’ failure to safeguard public resources have put Sh532.67 billion at a potential risk of loss in the counties.
The potential losses are manifested in the financial reporting deficiencies, including inaccurate financial records; procurement violations, non-compliance with the budget, nugatory (avoidable expenses and losses), questionable pending bills and ‘ghost’ workers fuelling wage bills.
“Rampant irregular recruitment practices leading to ghost workers, excessive casual employment beyond legal limits and improper compensation, including overpayment of allowances,” the report says.
Others are a lack of asset registers, which exposes them to the risk of loss and revenue leakages, leading to perennial shortfalls.
“Persistent failure to collect outstanding revenues [property rates, land rates, mineral royalties] due to ineffective enforcement and outdated valuation rolls based on historical rather than current market values,” the report says.
Cumulatively, the 47 county executives could not account for Sh39.09 billion in irregular expenditures, Sh4.97 billion in unsupported expenditures and Sh13,93 billion in excess/unbudgeted expenditures in the 2023-24 financial year.
Others are stalled projects (Sh7.59 billion) and value-for-money concerns (Sh9.57 billion). Kajiado has a fiduciary risk exposure of Sh22.65 billion, Embu could lose Sh20.17 billion, Kiambu (Sh15.22 billion), Kisumu (Sh15.09 billion) and Lamu (Sh14.54 billion).
Within the first five years of devolution (2013-17), the Senate heard six impeachment cases.
Former Embu Governor Martin Wambora became the first governor to face impeachment in 2014. Wambora was impeached twice, but his ouster was overturned by the court.
Wambora was accused of flouting the County Governments Act by appointing public servants without the assembly’s approval, the purchase of Sh35 million maize seeds, the procurement of vehicles and the authorisation for the renovation of Embu Stadium.
Mwangi Wa Iria (Murang’a), Paul Chepkwony (Kericho), Nderitu Gachagua (Nyeri) and Bernard Kiala (Machakos deputy governor) were impeached by MCAs but saved by senators.
Chepkwony was also accused of violating the law on recruiting personnel and failing to follow due process regarding public and private partnerships.
Wa Iria was accused of misusing county cash, failing to manage the county’s debt, gross misconduct and abuse of office.
Some five impeachment cases were prosecuted between 2017 and 2022.
They include the successful removal of Mike Sonko (Nairobi), Waititu (Kiambu) and Mohamed Abdi (Wajir). Abdi was later reinstated by the courts.
Kirinyaga MCAs impeached Governor Anne Waiguru in 2020, but senators returned her to office. This came three years after the elections.
Former Taita Taveta Governor Granton Samboja was saved by the Senate.
From 2022 to date, eight governors and deputy governors have faced the chopping block.
They include the three impeachment cases against Kawira Mwangaza (Meru). The Senate saved her twice before upholding her ouster in the third attempt.
Kisii Deputy Governor Richard Monda was also successfully impeached.
The House has also heard impeachment cases involving Guyo and Siaya Deputy Governor William Oduol.
Twice, the Senate considered the impeachment motion of Governor Mutai. The House also saved Governor Guyo.
Instant analysis
A governor can be removed from office through an impeachment process initiated by the county assembly and confirmed by the Senate. Grounds for impeachment include gross violation of the constitution or other laws, reasonable belief of the commission of a crime, abuse of office or gross misconduct and physical or mental incapacity. The process involves the county assembly moving a motion for removal, which is then transmitted to the Senate for investigation and a final decision.
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