Impeachment hearing: What Meru Governor Kawira Mwangaza is accused of

Meru Governor Kawira Mwangaza has denied all charges leveled against her by Members of the County Assembly (MCAs).

Kawira is before the Senate special committee chaired by Kakamega Senator Boni Khalwale where she is expected to defend herself.

MCA’s from Meru have presented five charges before the Senate. They include: 

Charge 1: Nepotism, illegal appointments, unlawful dismissals and usurpation of the Constitutional and statutory functions of county organs

Ground 1: Appointment of Husband to County Offices

1. On or around 30^th September 2022, the Governor engaged in (i) gross misconduct, (ii) grossly violated Articles 10, 232, 235 and 236 of the Constitution, (iii) grossly violated section 17 of the Public Officer Ethics Act, (iv) grossly violated sections 55, 59, 59A, 60, 62, 63, 64 and 65 of the County Governments Act, (v) grossly violated sections 6 and 11 of the Meru County Youth Service Act, 2018 and grossly violated section 4 of the Public Appointments (County Assemblies Approval) Act, 2017 by: 

• appointing her husband to the non-existent position of the Patron of the Meru Youth Service before conducting a transparent and competitive recruitment process;
• appointing her husband to the non-existent position of the Meru Hustlers Ambassador before conducting a transparent and competitive recruitment process;
• disregarding the criteria for the establishment of offices within the County Public Service;
• failing to submit her husband’s name for approval by the Assembly before making the impugned appointments;
• reappointing Rufus Miriti as the County Secretary without the approval of the Assembly;
• appointing the following unqualified persons to hold County Offices without undertaking a transparent and competitive recruitment process—
• Munene Samaritan, as Director of Special Programs;
• Earnest Mutembei, as Director Monitoring and Evaluation;
• Henry Mzungu, as Director of Administration; and
• Hillary Sandi, as Director of Communications
• usurping or trashing the constitutional and statutory functions of —
• the Assembly;
• the Meru County Public Service Board (“the Meru CPSB”); and
• the Meru County Youth Service Board. 

Ground 2: Roadside appointment of county workers at Timau

2. On or around 22^nd September 2022, the Governor grossly violated (i) Articles 10, 232, 235 and 236 of the Constitution and (ii) grossly violated sections 55, 59, 59A, 60, 62, 63, 64 and 65 of the County Governments Act by:

• appointing firefighters at a public rally at Timau (in misguided and unsustainable populism) before conducting a transparent and competitive recruitment process;
• subjecting potential applicants for county jobs to public humiliation by converting the crowd at the public rally as the advertising, recruiting, shortlisting and appointing authority; and
• usurping and trashing exclusive constitutional and statutory mandates and functions of the Meru CPSB.

Ground 3: Roadside appointment of county workers at Nkubu

3. On or around 9^th September 2022, the Governor engaged in (i) gross misconduct, (ii) gross violation of (i) Articles 10, 232, 235 and 236 of the Constitution and (iii) gross violation of sections 55, 59, 59A, 60, 62, 63, 64 and 65 of the County Governments Act by:

• appointing market guards at a public rally at Nkubu (in misguided and unsustainable populism) before conducting a transparent and competitive recruitment process; and
• usurping the exclusive constitutional and statutory mandates of the Meru CPSB.

Ground 4: Roadside appointment of county workers at Kianjai

4. On or around 9^th September 2022, the Governor engaged in (i) gross misconduct, (ii) gross violation of Articles 10, 232, 235 and 236 of the Constitution and (iii) gross violation of sections 55, 59, 59A, 60, 62, 63, 64 and 65 of the County Governments Act by: 

• illegally directing Ward and Subcounty Administrators to employ sweepers and market guards at a public rally in Kianjai (in misguided and unsustainable populism) before conducting a transparent and competitive recruitment process; and
• directing Ward and Subcounty Administrators to usurp exclusive constitutional and statutory functions and mandates of the Meru CPSB.

 Ground 5: Illegal committee on the Meru municipality

5. On or around 21^st October 2022, the Governor (i) grossly violated Articles 10, 232, 235 and 236 of the Constitution, (ii) grossly violated sections 12, 14, 15 and 20 of the Urban Areas and Cities Act and (iii) grossly violated the Charter establishing Meru Municipality by: 

• illegally appointing a committee to manage Meru Municipality affairs at a public rally at Kinoru, yet the function is vested in the Meru Municipal Board;
• directing the aforesaid illegal committee to usurp the functions of the Meru Municipal Board;
• usurping the functions of the Meru CPSB;
• trashing the procedures for the appointment of County Public Officers; and
• spewing hate speech against the G4S company.

Charge 2: Incitement, bullying, vilification and misleading campaigns against other leaders

6. The Governor has (i) grossly violated Articles 10, 73 and 75 of the Constitution, (ii) grossly violated section 19 of the Public Officer Ethics Act, (iii) grossly violated sections 29 and 34 of the Leadership and Integrity Act and (iv) repeatedly engaged in gross misconduct by:

• holding public vilification, incitement and humiliation rallies against Members of the Assembly and other elected leaders;
• falsely accusing Members of the Assembly and other elected leaders of cartelism, blackmail, greed, corruption and intimidation;
• holding public vilification, incitement and humiliation rallies against the Catholic Church and the Catholic clergy; and
• inciting the public against the Members of the Assembly and other elected leaders while knowing that such conduct can easily trigger violent reactions and cause serious breaches of the peace. 

Ground 1: Humiliation of the Minority Leader

7. On or about 24^th October 2022, the Governor (i) grossly violated Articles 10, 73 and 75 of the Constitution, (ii) grossly violated section 19 of the Public Officer Ethics Act, (iii) grossly violated sections 29 and 34 of the Leadership and Integrity Act and (iv) engaged in gross misconduct by: 

• bullying and inciting the public against the Minority Leader and the Member of Assembly for Akithii Ward, Hon. Mwenda Ithili (“the Minority Leader”), at a public rally held at Mweronkanga;
• requiring the Minority Leader to make a public apology for unknown and undisclosed wrongs at the public rally held at Mweronkanga;
• violently grabbing a microphone from the Minority Leader at the public rally held at Mweronkanga.
• offering to protect the Minority Leader against the Speaker of the Assembly from unknown and undisclosed dangers; and
• falsely accusing the Members of the Assembly and other elected leaders of cartelism, blackmail, greed, corruption and intimidation. 

Ground 2: Vilification of the Minority Chief Whip and other leaders

8. On or around 25^th October 2022, the Governor (i) grossly violated Articles 10, 73 and 75 of the Constitution, (ii) grossly violated section 19 of the Public Officer Ethics Act, (iii) grossly violated sections 29 and 34 of the Leadership and Integrity Act and (iv) engaged in gross misconduct by: 

• inciting the public against the Minority Whip and the Member of Assembly for Abogeta West Ward, Hon. Dennis Kiogora DMK (“the Minority Whip”) at a public rally held at Ngongo in Abogeta West Ward;
• falsely accusing the Minority Whip of “stoning” her; and
• falsely accusing the Members of the Assembly and other elected leaders of cartelism, blackmail, greed, corruption, and intimidation. 

Ground 3: Vilification of the Senator of Meru County 

9. On or around 12^th September 2022, the Governor (i) grossly violated Articles 10, 73 and 75 of the Constitution, (ii) grossly violated section 19 of the Public Officer Ethics Act, (iii) grossly violated sections 29 and 34 of the Leadership and Integrity Act and (iv) engaged in gross misconduct by:

• inciting the public against the Senator of Meru County, Hon. Kathuri Murungi (“the Senator”) at a public rally held at Laare in Ntunene Ward;
• falsely accusing the Senator of demanding a share of county government appointments;
• falsely accusing the Senator of antagonising and creating a wedge between the Governor and the President of the Republic of Kenya;
• falsely accusing the Senator of cartelism, blackmail, greed, corruption, and intimidation 

Ground 4: Vilification of the Cabinet Secretary for Agriculture

10. On or around 12^th September 2022, the Governor (i) grossly violated Articles 10, 73 and 75 of the Constitution, (ii) grossly violated section 19 of the Public Officer Ethics Act, (iii) grossly violated sections 29 and 34 of the Leadership and Integrity Act and (iv) engaged in gross misconduct by:

• bullying and inciting the public against the Cabinet Secretary for Agriculture, Hon. Franklin Mithika Linturi (“the Cabinet Secretary”) at a public rally held at Laare in Ntunene Ward;
• falsely accusing the Cabinet Secretary of demanding a share of the county government appointments;
• falsely accusing the Cabinet Secretary of antagonising and creating a wedge between the Governor and the President of the Republic of Kenya; and
• falsely accusing the Cabinet Secretary of cartelism, blackmail, greed, corruption and intimidation.

Ground 5: Vilification of the MP for Tigania East Constituency

11. On or around the 9^th November 2022, the Governor and her husband (i) grossly violated Articles 10, 73 and 75 of the Constitution, (ii) grossly violated section 19 of the Public Officer Ethics Act, (iii) grossly violated sections 29 and 34 of the Leadership and Integrity Act and (iv) engaged in gross misconduct by:

• Inciting the public against the Member of Parliament for Tigania East Constituency, Hon. Mpuru Aburi (“the MP for Tiganis East”) at a public rally held at Mbaranga in Karama Ward;
• Falsely accusing the MP for Tigania East of demanding that the Governor appoints the MP’s wife as a County Executive Committee Member;
• Falsely accusing the MP for Tiganis East of demanding that the Governor prequalifies his twelve companies for the award of county tenders;
• Falsely accusing the MP for Tigania East of presenting fake pending bills for payment by the County Government; and
• Falsely accusing the MP for Tigania East of cartelism, blackmail, greed, corruption and intimidation. 

Ground 6: Vilification of the Catholic Church and clergy 

12. On or around 17^th October 2022, the Governor (i) grossly violated Articles 10, 73 and 75 of the Constitution, (ii) grossly violated section 19 of the Public Officer Ethics Act, (iii) grossly violated sections 29 and 34 of the Leadership and Integrity Act and (iv) engaged in gross misconduct by;

• inciting the public against the Roman Catholic Church (“the Catholic Church”) and the Bishop of the Catholic Diocese of Meru, Mr. Salesius Mugambi (“the Catholic Bishop”), at a public rally held at the former Igoji Boys Secondary School;
• Falsely accusing the Catholic Church of grabbing public land;
• Falsely accusing the Catholic Church of cartelism, blackmail, greed, corruption and intimidation;
• Conducting a mock public prayer to demean and humiliate the Catholic Church and Catholic Clergy; and
• Inciting the public against religious leaders while knowing that such conduct can easily trigger violent reactions ad pose a serious breach of the peace.

Charge 3: Forceful entry into the assembly precincts and mobilisation of unlawful riots against members of the assembly 

13. On or around 19^th October 2022, the Governor and her husband (i) grossly violated Articles 10, 73, and 75 of the Constitution, (ii) grossly violated sections 5 and 7 of the County Assemblies Powers and Privileges Act, 2017 and (iii) engaged in gross misconduct by:
14. forcefully entering the precincts of the Assembly;
15. falsely accusing members of the Assembly and other elected leaders of cartelism, blackmail, greed, corruption and intimidation;
16. organizing a violent demonstration against the Members of the Assembly at the Assembly precincts; and
17. addressing a riotous crowd at the precincts of the Assembly

Charge 4: Violation of Public Finance Management Laws

14. On or around 6^th September 2022, the Governor, (i) grossly violated Articles 201 and 207 (1) of the Constitution, (ii) grossly violated sections 159 of the Public Finance Management Act, 2012, (iii) grossly violated sections 12 and 24 of the Public Officer Ethics Act, (iv) grossly violated sections 16 and 35 of the Leadership and Integrity Act, (v) engaged in gross abuse of office by:

• directing the Meru Teaching and Referral Hospital to spend all revenue at source, whereas all monies raised or received by or on behalf of the County should be paid into the County Revenue Fund;
• issuing waivers on fees at the Meru Teaching and Referral Hospital, whereas the County Executive Committee member for Finance is the only person legally empowered to grant such waivers; and,
• directing County government officers to participate in furthering and advancing the interests of Baite TV, a media station owned by Mwangaza Advertiser Limited (a private company owned by the Governor through her close relatives as proxies).

 Charge 5: Misconduct relating to nomination of county executive committee members 

15. On or around the 8^th day of November 2022, the Governor engaged in (i) gross misconduct (ii) grossly violated Articles 10, 73 and 75 of the Constitution, (iii) grossly violated section 10 (1) of the Public Appointments (County Assemblies Approval) Act, 2017 and (iv) grossly violated sections 3, 4, 10 and 11 of the Meru County Retention Enhancement Fund Act, 2016 by:

• Vilifying Members of the Assembly for refusing to approve some County Executive Committee (“CEC”) nominees at a public rally held at Kiangua in Igoji West Ward;
• Falsely accusing Members of the Assembly of short-changing Casty Micheni and other nominees for the appointment to the CEC;
• Illegally instructing Casty Micheni to usurp the statutory functions of the Igoji West Ward retention Enhancement Fund Committee by identifying the persons that would benefit from county bursary funds;
• Failing to submit names of other candidates to the County Assembly for approval for appointment to the CEC (after the Assembly rejected some nominees);
• Reorganizing her government to six departments and three (3) CEC Members, after the rejection of some nominees, instead of submitting names of other candidates to the County Assembly for approval; and
• Swearing to appoint to her government and actively work with losers of the 2022 county elections instead of duly elected MCAs to stir wrangles within the Assembly.

Kawira was impeached a fortnight ago after sixty-seven (67) Members of the County Assembly (MCAs) voted for her ouster unanimously.

She won the election on an independent ticket, to become the first woman in Meru region to be elected governor, unseating then Governor and the region’s veteran politician Kiraitu Murungi.