The Senate has voted to dismiss the impeachment motion against Isiolo Governor Abdi Guyo Hassan, citing procedural flaws by Members of the County Assembly.

This followed a vote taken by Senators on Tuesday night after a total of 31 Senators backed the decision, while 12 opposed it.

Guyo`s legal team successfully raised a preliminary objection stating the impeachment did not take place as it is alleged by Members of the County Assembly of Isiolo.

Advocate Elisha Ongoya, who led Governor Guyo`s defense team, said nobody had certified the Hansard presented by the County Assembly, terming the motion null and void and of no legal consequence, citing the impeachment of Kericho Governor Erick Mutai, which was abandoned since it did not meet the threshold.

“I would like to request the Senate to dismiss the impeachment motion brought against Governor Guyo since it did not take place in the first place, since the County Assembly has not presented any video evidence to that effect, which shows that what has been brought here was cooked,” said Ongoya.

Advocate Eric Theuri for Governor Guyo said they had come out to convince the Senate to reject this phantom impeachment, asking if the Hansard brought before the Senate was genuine since it was clear that this did not take place as it is being alleged, with documents forged.

Senate Majority Leader Aaron Cheruiyot said that it was time they listened to the issues raised by the residents of Isiolo during public participation and give justice to them, which may not necessarily have to be impeachment, but administrative measures to address them once and for all.

“An impeachment does not have to terminate at the preliminary objection stage, saying that some of the issues raised during the impeachment motion of Kericho Governor Erick Mutai, which was terminated, were not addressed, which should not be the case,” said Cheruiyot.

Senate Minority Leader Steward Madzayo said that the issues raised against the Isiolo Governor were grave and that they should be looked into keenly and that they should be thoroughly scrutinised by all Senators to establish if they meet a threshold concerning the weight of the matter.

Nairobi Senator Edwin Sifuna said that the County Assembly advocates had admitted that there was no sitting due to the circumstances of that day, stating there was no sitting to conduct this impeachment, terming the process as not having met the threshold.

Senator Maanzo said the impeachment of a governor is a serious matter with all processes followed to the letter, and that the house should adhere to the process so that justice should be accorded to all parties involved and that justice should be served to all parties.

Vihiga Senator Godfrey Osotsi said that the Members of the County Assembly cannot violate the law, and that there was no sitting and tabling of a motion to impeach the Governor, and that someone cannot sit in a bar and decide to kick out a Governor and bring it to the Senate.

“We have to follow the law to the letter in this matter since what has been brought before us shows that the Isiolo County Assembly does not have video evidence of the process, which raises questions on the validity of the process,” said Osotsi.

Kakamega Senator Boni Khalwale said that Members of the County Assembly across the country need to respect the process of removing governors from office by following the due process and not using shortcuts to carry out such a serious matter, which has got serious political ramifications.

Kitui Senator Enock Wambua said that it does not matter what the Governor has done, but the process must be followed to the latter, and if the Members of the County Assembly of Isiolo do it right, they can still come back to the house.

Mandera Senator Ali Roba argued that justice can only be achieved by examining the matters raised to the end and that what they are doing is killing the case before it begins, which is unfair to the residents of Isiolo who want justice delivered to them.

Siaya Senator Oburu Oginga said that they cannot teach County Assemblies bad habits by allowing them to bring half-baked cases and that if the allegations are serious, they should go back and follow the right procedure in ensuring they get justice.

Nandi Senator Samson Cherargei said it was ridiculous for the Isiolo County Assembly to bring their case without the necessary evidence, and that next time they need to do their homework well before coming back to the house with such a case in future.

Senate Deputy Speaker Kathuri Murungi said that the Senate has a responsibility to ensure that devolution works, asking the Governor to cooperate with the House whenever called upon to appear before the various committees that carry out oversight of counties to ensure they achieve their goals.

Kiambu Senator Karungo Thangwa asked if the County Assembly has audio and video Hansard with Advocate Boniface Mawira for the County Assembly, saying that the video evidence was stolen, and they have audio evidence, but only a video of the attack on the county assembly.

 Kingi informed the house last week that the Governor was facing accusations of grossly violating section 30(2)(k) of the County Governments Act by failing to deliver an annual State of the county address for the three years he has been in office.

He was accused of violating the Constitution by employing a bloated workforce, including 36 advisors in the office of the Governor, and 31 Chief Officers, yet the county has only six departments, and two Deputy County Secretaries whose positions are not recognised in law.

“This has resulted in an excessive wage bill amounting to 46% of the annual revenue allocation, which far exceeds the 35% limit prescribed under section 25(1)(a) and (b) of the Public Finance Management (County Governments) Regulations, 2015,” said Kingi.

He was accused of violating articles 10 (2), 73, 232 and 235 of the Constitution and sections 59, 59(A), 60, and 62 of the County Governments Act, 2012 by disregarding the criteria for the establishment of offices within the county public service by illegally creating offices for advisors and deputy county secretaries without the involvement of the County Public Service Board.

He was accused of violating the Constitution by refusing to implement the recommendations and resolutions of the County Assembly requiring the Governor to control and manage the county’s public debt, thereby undermining the authority of the County Assembly and resulting in the unmitigated accrual of debt to unmanageable levels.

The Governor faced accusations of violating Articles 201(d) and (e) of the Constitution by failing to utilise bursary funds as per the approved budget, resulting in a discrepancy of Sh 30 million, which cannot be accounted for.

“The Governor is accused of abuse of office with the particulars of this allegation being that he engaged in acts and omissions that collectively and individually amount to abuse of office and gross violation of (among others) Articles 201 and 232 of the Constitution, sections 8, 9, 10, 11, 12, 13 (1) and 35 of the Leadership and Integrity Act, 2012,” said Kingi.

He was accused of appointing 36 advisors in the office of the Governor contrary to the Salaries and Remuneration Commission (SRC) Circular dated July 29, 2013, the Transition Authority Circular dated September 6, 2013, and subsequent guidelines from the Intergovernmental Relations Technical Committee, all of which limit the maximum number of advisors to 3.

Governor Guyo was accused of appointing 31 Chief Officers instead of eighteen (18), which are provided for in the County Executive staff establishment of July 2022, despite the County having only six departments.

He was accused of appointing Chief Officers under two-year contracts, thereby creating a climate of fear and uncertainty contrary to Article 73(1)(b) of the Constitution and failing to renew the contracts of County Executive Committee Members, significantly affecting the continuity of service delivery in the County.

“Governor Abdi Ibrahim Hassan is accused of appointing two Deputy County Secretaries to positions that are neither recognised in law nor provided for in the County Staff Establishment,” said Kingi.

The Governor was accused of having grossly violated Articles 10(2), 27, 28, 73, 75 and 232 of the Constitution, sections 3, 7, 8, 9, 11, 34 and 52 of the Leadership and Integrity Act, sections 9, 10 and 21(2) of the Public Officer Ethics Act, 2003, sections 2, 30(2) and 30(3) of the County Governments Act by engaging in acts which singularly and collectively amount to gross misconduct.

He was accused of making public statements against Isiolo Senator Fatuma Dullo which were considered disrespectful and sexist, thereby violating the principles of leadership and integrity and the right to dignity under the Constitution and undermining the decorum expected of a public office by amounting to gender-based psychological violence, contrary to the values and responsibilities of the office of Governor.

Hassan is accused of breaching public trust by making divisive, derogatory and discriminatory remarks against other clans residing in the County, thereby undermining public confidence in the integrity of his office and sowing discord in the community.

“Governor Abdi Ibrahim Hassan is accused of being continuously absent from Isiolo County and running its affairs remotely from Nairobi, thereby stalling service delivery,” said Kingi.