Kericho Governor Chepkwony impeached

[Ab-Titchaz]

Kericho Governor Chepkwony impeached

Thursday, May 15, 2014 - 00:00 -- BY PETER MUTAI

Kericho Governor Paul Chepkwony yesterday became the second county CEO to be impeached, barely a day after the Senate endorsed the impeachment of Embu Governor Martin Wambora.

The MCAs impeached their governor on grounds of gross violation of the Constitution, the provisions of the County Government Act 2012, the provisions of the Public Finance Management Act 2012, the Public-Private Partnership Act 2013, and the Public Procurement and Disposal Act 2005.

The removal of Governor Chepkwony follows a protracted stand-off between the County Assembly and the County Executive over a wide range of issues. Chepkwony was impeached by 32 Members of the Kericho County Assembly who voted unanimously to pass the impeachment motion, with 15 MCAs abstaining by failing to show up.

The motion was tabled on the floor of the House at 2.40pm by nominated MCA Albert Kipkoech, and seconded by Kipkelion ward representative Edward Ruto.

Chepkwony defended himself against the allegations leveled against him by MCAs, saying he was being crucified politically and that the claims him did not meet the threshold for sending him home.

“I have not been engaged in any malpractices or been summoned by any anti-corruption agency since I took over office and the recently-published report by the Controller of Budget gave Kericho County a clean bill of health since no money has been lost,” he said.

Chepkwony said the allegations were based on malice and urged the assembly to be fair in making decisions on the matter on the floor of the House.

Kipkoech alleged that Chepkwony violated the provisions of the County Government Act and Public Finance Management Act on grants and donations received by the county and b failing to follow due process regarding projects to be implemented through public-private partnership arrangements.

Kipkoech said Chepkwony signed a memorandum of agreement with UK-based investor Bluetechs UK Group Limited to generate solar power without involving the assembly. He said the Sh17 billion solar power project was set to be constructed in Kericho County, according to the agreement, and would have seen the UK-based investor manage it for 25 years before reverting to the county.

“The governor exposed the county to risk of loss and, or liability by entering into agreements without following the due process of law with full knowledge that funds were unavailable,” Kipkoech said.

The project, expected to produce 100MW of electricity in Soin Ward, Kericho West sub-county, is a partnership between the county and Bluetechs. In January this year, Governor Chepkwony and Bluetechs UK Groups Ltd Company Managing Director Mathialagan Veerasami singed the memorandum of agreement at the Kericho Tea Hotel to start the project.

The first phase of the project was expected to start in March and was set to generate 10MW of electricity while the second phase was to kick off in June to produce 2MW of power. Chepkwony, who was accompanied by his lawyer Peter Wanyama, said that the project was to generate Sh153 million in terms of profits annually, which was to be shared between the county and Bluetechs Company.

“The agreement was not binding and the county did not lose any monies. We have written a cancellation letter to the UK investor who has confirmed the acceptance of the same,” he said.

The governor said the document was a memorandum of understanding and not a contract as alleged by the county assembly, and called on the assembly to "look at the issue critically and objectively".

Chepkwony was also accused of entering into an MoU with the Kenya Red Cross Society to hire seven state-of-the-art ambulances to offer emergency services in the county at a cost of Sh600,000 per month per vehicle. The governor said the deal was cancelled on February 14, 2014, before the effective date of February 20, 2014, after the county assembly failed to approve the deal.

“There are also several MoUs that I have been signed with various investors with one being that Sacoma UK Company is to buy and export sweet potatoes from farmers in Soin-Sigowet constituency to the UK, but the MCAs did not raise an issue on the same,” he said.

On the allegation of creating unconstitutional offices, the governor said he sought approval from the County Public Service Board, which in turn wrote to the Transitional Authority seeking guidance on the matter.

He said his county government was yet to put in place an organo-gram on how the structure of the county civil service will be constituted. Lawyer Wanyama said the allegations were "baseless, unsubstantiated and non-weighty" and could not meet the threshold of impeachment required by the law. T

he Nairobi-based lawyer said that the MCAs should have given the governor an opportunity to defend himself at the committee stage before subjecting him to the whole House, saying this amounted to mob-lynching, contrary to the principles of a fair hearing.

After the impeachment, the governor and his deputy Susan Kikwai held a closed-door meeting with the Myoot Kipsigis Council of Elders and church leaders at Sunshine Hotel. The elders expressed their disaffection with the turn of events.

Kericho Governor Chepkwony impeached | The Star

 

[Ab-Titchaz]

Kericho MCAs vote to impeach governor as Kidero gets relief

Dr Evans Kidero: Reinstated by Supreme Court a day after Court of Appeal quashed his election. Prof Paul Chepkwony: Impeached by 32 MCAs as his supporters keep away from Chamber. Mr Ali Hassan Joho: A Uganda higher education agency has said his degree certificate was a fraud. PHOTOS | FILE NATION MEDIA GROUP

By TIMOTHY KEMEI & RICHARD MUNGUTI

In Summary

• In Kericho, 32 MCAs voted to send Prof Chepkwony home, barely crossing the required threshold of two-thirds of the assembly
• In Nairobi, the Supreme Court on Wednesday reversed Tuesday’s nullification of Dr Kidero’s election by the Court of Appeal.

Kericho Governor Paul Chepkwony on Wednesday became the second county chief to be impeached as the Supreme Court temporarily reinstated Nairobi’s Evans Kidero who lost a petition on Tuesday.

And in Mombasa, Governor Hassan Joho is facing a major legal battle after the Ugandan National Council for Higher Education ruled that his degree was obtained irregularly, meaning that he could lose his seat.

The law requires every governor to be a university degree holder.

In Kericho, 32 MCAs voted to send Prof Chepkwony home, barely crossing the required threshold of two-thirds of the assembly.

Fifteen members of the assembly, who were against the removal of Prof Chepkwony, did not turn up for the debate and voting, which was presided over by Speaker Japheth Mutai.

In Nairobi, the Supreme Court on Wednesday reversed Tuesday’s nullification of Dr Kidero’s election by the Court of Appeal. A single judge suspended the execution of the entire judgement of the appellate court that had sent Dr Kidero packing.

Mr Justice Mohammed Ibrahim certified as urgent the appeal filed by lawyers Tom Ojienda, Kennedy Ogeto and Evans Monari on behalf of the embattled governor.

He said the appeal raised serious legal and constitutional issues which could “only be resolved during a full hearing.”

The judge stopped the swearing-in of the Speaker of Nairobi County Assembly, Mr Alex Magelo, to discharge the duties of the Governor pending a by-election to elect a new governor.

He also restrained the Independent Electoral and Boundaries Commission (IEBC) from declaring the Nairobi governor’s seat vacant.

In his brief ruling, Justice Ibrahim said, “I have read the notice of motion filed by the appellant herein (Dr Kidero) and also heard submissions by Prof Ojienda. I am satisfied the appeal raises triable issues of law.”

He added: “Dr Kidero’s appeal raises serious legal issues, which may be rendered nugatory unless a temporary stay is granted.”

Justice Ibrahim said nobody would be prejudiced by granting the conservatory orders suspending the execution of the Court of Appeal orders.

Presenting the case, Prof Ojienda criticised the majority decision of Judges GBM Kariuki and Patrick Kiage describing it as “outrageous.”

The two judges said the election of Dr Kidero did not meet the constitutional threshold and was in total breach of the election rules.

Prof Ojienda said the judges “erred in law by admitting the appeal lodged by former Embakasi MP Ferdinand Waititu when it was filed 30 days outside the prescribed time.”

He said judges Kariuki and Kiage went out of their way to analyse facts of the petition instead of dealing with the legal issues only.

Justice Ibrahim heard that the judges ruled that Mr Waititu was not given “fair hearing before Justice Richard Mwongo who heard the petition.”

The appellate judges observed Justice Mwongo denied the petitioner the opportunity to cross-examine a crucial witness, the County Returning Officer Fiona Nduku Waithaka “thereby locking out testimony which would have assisted him in doing justice to the poll dispute.”

ACCUSED OF GROSS VIOLATIONS

In Kericho, the notice of motion for the removal of Prof Chepkwony was moved by Nominated MCA Albert Kipkoech. He accused Prof Chepkwony of gross violation of the Constitution, abuse of office and gross violation of the provisions of the county Government Act, the Public Finance Management Act and the Public Procurement and Disposal Act.

Prof Chepkwony, who was accompanied by legal counsel Peter Wanyama during the proceedings, watched in silence from a seat reserved for him to the left of the Speaker.

“For Kericho County to move forward into development, Prof Chepkwony must go so that we can have a more responsible governor. All evidence confirms that the governor violated the law,” Mr Kipkoech said.

He alleged that Prof Chepkwony had violated the provisions of the County Government Act and Public Finance Management Act on grants and donations received and failed to follow due process regarding public and private partnership. He said the governor had also failed to take into account public participation while entering into deals.

The MCA also said that the governor violated the provisions of Articles 226(5), 220(2) and 73(2)(c) (1) of the Constitution.

“It includes exposing the county to risk and/or liability by entering into agreements without following the due process of law with full knowledge that funds were unavailable,” he added.

He was seconded by Kipkelion MCA Edward Santos.

They claimed that the governor signed several deals without the prior approval of the County Assembly, thereby violating Public Private Partnership laws.

But Prof Chepkwony defended himself against the allegations, insisting that the county did not lose any money.

In Mombasa, Mr Joho suffered a blow over his academic qualifications as a case challenging his election was referred to the CJ for further directions.

Kericho MCAs vote to impeach governor as Kidero gets relief - Counties - nation.co.ke

 

[Koborer]

Kericho Governor Chepkwony impeached

Thursday, May 15, 2014 - 00:00 -- BY PETER MUTAI

Kericho Governor Paul Chepkwony yesterday became the second county CEO to be impeached, barely a day after the Senate endorsed the impeachment of Embu Governor Martin Wambora.

The MCAs impeached their governor on grounds of gross violation of the Constitution, the provisions of the County Government Act 2012, the provisions of the Public Finance Management Act 2012, the Public-Private Partnership Act 2013, and the Public Procurement and Disposal Act 2005.

The removal of Governor Chepkwony follows a protracted stand-off between the County Assembly and the County Executive over a wide range of issues. Chepkwony was impeached by 32 Members of the Kericho County Assembly who voted unanimously to pass the impeachment motion, with 15 MCAs abstaining by failing to show up.

The motion was tabled on the floor of the House at 2.40pm by nominated MCA Albert Kipkoech, and seconded by Kipkelion ward representative Edward Ruto.

Chepkwony defended himself against the allegations leveled against him by MCAs, saying he was being crucified politically and that the claims him did not meet the threshold for sending him home.

"I have not been engaged in any malpractices or been summoned by any anti-corruption agency since I took over office and the recently-published report by the Controller of Budget gave Kericho County a clean bill of health since no money has been lost," he said.

Chepkwony said the allegations were based on malice and urged the assembly to be fair in making decisions on the matter on the floor of the House.

Kipkoech alleged that Chepkwony violated the provisions of the County Government Act and Public Finance Management Act on grants and donations received by the county and b failing to follow due process regarding projects to be implemented through public-private partnership arrangements.

Kipkoech said Chepkwony signed a memorandum of agreement with UK-based investor Bluetechs UK Group Limited to generate solar power without involving the assembly. He said the Sh17 billion solar power project was set to be constructed in Kericho County, according to the agreement, and would have seen the UK-based investor manage it for 25 years before reverting to the county.

"The governor exposed the county to risk of loss and, or liability by entering into agreements without following the due process of law with full knowledge that funds were unavailable," Kipkoech said.

The project, expected to produce 100MW of electricity in Soin Ward, Kericho West sub-county, is a partnership between the county and Bluetechs. In January this year, Governor Chepkwony and Bluetechs UK Groups Ltd Company Managing Director Mathialagan Veerasami singed the memorandum of agreement at the Kericho Tea Hotel to start the project.

The first phase of the project was expected to start in March and was set to generate 10MW of electricity while the second phase was to kick off in June to produce 2MW of power. Chepkwony, who was accompanied by his lawyer Peter Wanyama, said that the project was to generate Sh153 million in terms of profits annually, which was to be shared between the county and Bluetechs Company.

"The agreement was not binding and the county did not lose any monies. We have written a cancellation letter to the UK investor who has confirmed the acceptance of the same," he said.

The governor said the document was a memorandum of understanding and not a contract as alleged by the county assembly, and called on the assembly to "look at the issue critically and objectively".

Chepkwony was also accused of entering into an MoU with the Kenya Red Cross Society to hire seven state-of-the-art ambulances to offer emergency services in the county at a cost of Sh600,000 per month per vehicle. The governor said the deal was cancelled on February 14, 2014, before the effective date of February 20, 2014, after the county assembly failed to approve the deal.

"There are also several MoUs that I have been signed with various investors with one being that Sacoma UK Company is to buy and export sweet potatoes from farmers in Soin-Sigowet constituency to the UK, but the MCAs did not raise an issue on the same," he said.

On the allegation of creating unconstitutional offices, the governor said he sought approval from the County Public Service Board, which in turn wrote to the Transitional Authority seeking guidance on the matter.

He said his county government was yet to put in place an organo-gram on how the structure of the county civil service will be constituted. Lawyer Wanyama said the allegations were "baseless, unsubstantiated and non-weighty" and could not meet the threshold of impeachment required by the law. T

he Nairobi-based lawyer said that the MCAs should have given the governor an opportunity to defend himself at the committee stage before subjecting him to the whole House, saying this amounted to mob-lynching, contrary to the principles of a fair hearing.

After the impeachment, the governor and his deputy Susan Kikwai held a closed-door meeting with the Myoot Kipsigis Council of Elders and church leaders at Sunshine Hotel. The elders expressed their disaffection with the turn of events.

Kericho Governor Chepkwony impeached | The Star

This trend is now worrying, MCAs may be misusing their powers or using them to blackmail governnors. A law should be passed that puts checks and balances on such things.

 

[Ab-Titchaz]

This trend is now worrying, MCAs may be misusing their powers or using them to blackmail governnors. A law should be passed that puts checks and balances on such things.

My stand is that Governors should only be recalled by a certain percentage of the registered voters of the
respective county. Hii biashara ya MCAs has become a problem like you have said.

 

[simplemind]

Dr. Alfred Mutua is the acid test. Sisi iko tu!