Kirinyaga Governor Anne Waiguru will know her fate on Friday when the 11-member special committee of the Senate set up to hear her impeachment trial will table its report.
Speaker Ken Lusaka has, through a Special Gazette Notice on Wednesday, convened the special sitting scheduled to consider the report, which will be tabled by the committee chairman – Senator Cleophas Malala (Kakamega).
Waiguru is accused of gross misconduct, violating the constitution and conferring a benefit of KSh10 million to herself.
“The business to be transacted at the sitting shall be the consideration of the report of the special committee on the proposed removal from office, by Impeachment, of Governor Anne Mumbi Waiguru, the Governor of Kirinyaga County,” read part of the Gazette notice.
The report from the committee will either uphold the allegations of the County Assembly as contained in the impeachment motion passed by the MCAs or reverse it. Waiguru, a former Devolution Cabinet Secretary, will need six votes in her favour for the committee to dismiss the MCAs’ case.
No further action will be taken against her if the Malala committee reports that the allegations have not been substantiated but a vote will be required should the report conclude the allegations had been proven during the trial.
Waiguru’s defense team was led by Paul Nyamodi and included her husband Kamotho Waiganjo and lawyer Andrew Karani.
She presented witnesses, among them, Kirinyaga County’s Procurement Chief Joseph Otieno, who dismissed claims that the Governor had appointed her close associates – Pauline Kamau and Wayne Gichira – to key tender committees to secure her interests.
Another witness, Nominated Jubilee Kirinyaga Member of County Assembly Kepha Muriuki wondered why the impeachment motion was hurried, questioning the move by MCAs to sleep at the assembly on the eve of the impeachment vote.
“This was a very weighty issues and it was not subjected to public hearings given that this was an issue that needed the Governor who was duly elected by the members of the public to be removed from office,” he said.
When he appeared before the committee on Tuesday, Mutira Ward MCA David Kinyua, who successfully moved the impeachment motion, accused Waiguru of dictatorship and treating the assembly with contempt by her failure to address the MCAs on the state of the county and even decline to respond to respond to queries.
According to Kinyua, impeachment by the assembly was the last resort.
County Secretary – Joe Muriuki – who appeared as the third witness, defended Waiguru against accusations that she had crippled health services in the county.
“I have been in Kirinyaga County for a very long time and I can tell you for a fact that the health services in the county even before the strike were not deplorable as painted, that is incorrect,” he said.
Waiguru is accused of ordering the closure of 20 dispensaries and sacking more than 400 casual health workers, sparking protests by medics in the county.
Kilifi Senator Stewart Madzayo however, poked holes into Muriuki’s assessment on the health situation in Kirinyaga county, yet he is not a health professional.
“As you are not a doctor, I find it not satisfactory that you can give an assessment on the health situation in Kirinyaga county,” he said.
During the submissions, lawyer Nyamodi was categorical that the MCAs were simply on a “fishing expedition” and that they have no case against the Governor.
“The counsel is obviously fishing for evidence and is apparent that whatever evidence they have brought is deficient and he should be discouraged,” he said, of a lawyer representing the County Assembly.
Waiguru denies all the charges levelled against her.
