The Proposed Removal From Office, by Impeachment, of The Governor of Kiambu County
On the 19th December 2019, the County Assembly of Kiambu passed a Resolution to impeach the Governor of Kiambu County, Hon. Ferdinand Ndung’u Waititu Babayao.
On the 19th December 2019, the County Assembly of Kiambu passed a Resolution to impeach the Governor of Kiambu County, Hon. Ferdinand Ndung’u Waititu Babayao.
- By a letter dated 20th December, 2019, Ref: CAK/1/19/10(24) and received by the Speaker on Monday, 23rd December, 2019, the Speaker of the County Assembly of Kiambu informed the Senate Speaker that at its 127th and 128th sittings held on Thursday, 19th December, 2019, the County Assembly of Kiambu passed a Resolution to impeach the Governor of Kiambu County, Hon. Ferdinand Ndung’u Waititu Babayao,
- The charges against Hon. Waititu as received from the County Assembly of Kiambu are as follows:
- Gross Violation of the Constitution of Kenya 2010, the County Governments Act, 2012, the Public Finance Management (PFM) Act, 2012, and the Public Procurement and Disposal Act, 2005-
- (i) Lack of accountability in the management of county resources by incurring unsustainable debts and other pending obligations to the tune of Kshs4 billion.
- (ii) Violation of Articles 176(1) and 185 of the Constitution of Kenya, 2010, by disregarding the County Assembly as an arm of the County Government and further undermining its three cardinal roles of legislation, oversight and representation through systematic non-remittance of requisitioned funds in the Financial Year 2018/2019.
- (iii)Failure to establish the County Budget & Economic Forum as stipulated in Section 137 of the Public Finance Management Act, 2012; as a result the County Governor has sabotaged public consultation.
- Crimes under the National Law
- The County Governor committed serious crimes under National Law by violating Article 40 of the Constitution of Kenya, 2010 on the protection of every person’s right to property and Section 155 of the Land Act, 2012, which bars unlawful acquisition and occupation of property through the forceful dispossession of Mrs. Cecilia Njoki Mbugua, a widow of two prime plots of land within Thika Municipality.
- Abuse of Office/Gross Misconduct
- The County Governor exhibited gross misconduct through conflict of interest and contravention of the Public Procurement and Disposal Act, 2005 in influencing the award of lucrative tenders to companies associated with immediate family and close relatives.
- At the end of the hearing on Wednesday, the Speaker put the Question, that the Senate remove from office by impeachment, the Hon. Ferdinand Ndung’u Waititu Babayao,the Governor of Kiambu County, for Abuse of office/Gross misconduct,put and the Senate proceeded to vote by County Delegations. The results were 28 votes to 11 and Senate resolved to remove from office, by impeachment, Hon. Ferdinand Ndung’u Waititu Baba Yao, the Governor of Kiambu County.