Senate wants Governor Nyaribo to explain split in County Assembly

Senators have raised concerns about two rival groups within the Nyamira County Assembly conducting parallel sittings and have summoned Governor Amos Nyaribo to provide clarity on the issue.

The senators, who were contributing to a statement by Nyamira Senator Okongo Omogeni, have directed the Committee on Devolution and Intergovernmental Relations to intervene in the leadership and operational crisis at the County Assembly.

Omogeni informed the House that the Nyamira Assembly is divided into two factions, each holding sittings in different venues: one at the main County Assembly building and the other in various towns across the county.

“The rival groups are led by separate individuals, each claiming to be the legitimate Speaker and Clerk of the County Assembly. This situation has caused confusion, undermining the legislative integrity and potentially jeopardising public confidence in the institution, devolution, and the Senate’s oversight role,” said Omogeni.

The Nyamira Senator urged the Senate Devolution Committee to determine the officially designated and gazetted location of the Nyamira County Assembly, and whether sittings held outside this location were properly approved by the Assembly.

Omogeni also called for an inquiry into the status and legal standing of any business transacted by the two factions, including the adoption and passage of the supplementary budget and other legislative decisions made during this standoff.

He requested that the Devolution Committee investigate the process through which the two Speakers and Clerks were appointed and whether due process and relevant Standing Orders were followed.

“The Senate Devolution Committee should make recommendations on initiating and leading a reconciliation and mediation process to restore institutional normalcy to the Assembly, safeguard the rule of law, and protect the interests of Nyamira County residents,” said Omogeni.

Wajir Senator Sheikh Abbass, chairperson of the Senate Devolution and Intergovernmental Relations Committee, attributed the situation to the failed impeachment of Governor Nyaribo.

Abbass informed the House that the County Assembly had been dysfunctional, plagued by rivalry, and questioned how the Governor had been approving his budgets. He said the committee would soon visit the county to help reconcile the two groups.

Kitui Senator Enoch Wambua called on the Senate Devolution Committee to take action.

“I request the Senate Speaker to direct that this Committee travels to Nyamira County this week and reports to this House on what exactly is happening. We may need to call the Nyamira County Government, both the Executive and the Assembly, to come and explain the problem,” Wambua said.

He warned that the dysfunction in Nyamira posed a threat to devolution.

Nandi Senator Samson Cherargei accused the Governor of creating chaos within the County Assembly.

“Any budget approvals that the Governor has passed in Nyamira County Assembly are illegal,” Cherargei stated.

Mombasa Senator Mohammed Faki suggested that the Senate Devolution Committee invite the rival groups and the Governor to shed light on the situation.

Faki recalled a similar issue in Mombasa County in 2018, which was resolved after the Governor and County Assembly leadership were summoned before the Senate.

Senate Chief Whip Boni Khalwale pointed out that an additional Sh410 million had been approved for Nyamira County, which can only be spent after appropriation by the County Assembly.

“The Governor must clarify, as the buck stops with him, which County Assembly will authorise the spending of this money. The Controller of the Budget should also appear before us to confirm which Assembly has passed the budget,” Khalwale said.

Senate Majority Leader Aaron Cheruiyot noted that it is impossible for two county assemblies to operate without the support of the Governor’s office and the Controller of Budget.

Cheruiyot stressed that certain statutory obligations must be met by the County Assembly before requisitions, such as the budget, are sent. The Controller of the Budget must verify which County Assembly has approved the budget.

“Even for the other County Assembly, how is it resourced? If people are meeting, it would be interesting to know how the purported Clerk of that House can draw from the Exchequer to cover their expenses,” Cheruiyot said.

Senate Minority Leader Stewart Madzayo stated that this is the first time since the advent of devolution that two county assemblies have been operating in the same county. He accused Governor Nyaribo of failing in his role to maintain order.

Madzayo added that instead of serving their constituents, the Executive and Legislature in Nyamira were engaging in unnecessary conflicts, embarrassing the people who elected them.

Nominated Senator Beatrice Ogolla called on the Governor to cease his divide-and-rule tactics.