Nyamira Governor, Amos Nyaribo, on Wednesday survived an impeachment motion for the third time at the Senate.
Senators, by a majority vote, upheld the preliminary objections raised by Governor Nyaribo, who questioned whether the County Assembly had the required numerical threshold on the day the impeachment motion was debated.
Thirty-eight senators voted in favour, four against, with no abstentions.
“The result of the division is ayes 38 and nays four votes. So the eyes have it. The motion having been approved, the hearing of proposed removal from office by impeachment of Governor Amos Nyaribo is hereby terminated,” Senate Speaker Amason Kingi announced.
As a result, Nyaribo retains his position as Governor of Nyamira County.
Senate Speaker Amason Kingi ruled that the threshold to remove him was not met at the county level, where 23 out of 35 MCAs voted to impeach him.
Governor Nyaribo had earlier on Wednesday denied the impeachment charges levelled against him by the Nyamira County Assembly, telling the Senate that he is not guilty of the allegations.
The charges, presented in the Senate chamber on Wednesday, include gross violation of the Constitution and other laws. According to the clerk of the Senate, the allegations stem from the governor’s conduct regarding Bunge Mashinani, staff recruitment and medical claims.
Nyaribo’s defence team questioned the credibility of the impeachment vote, arguing that only 19 MCAs were physically present in the chamber, yet the tally reflected 23 votes in favour of the motion.
“Honourable Senators, the record before you will demonstrate that there were 19 members present who voted to impeach the governor.
However, strangely, 23 votes were generated from a total of 19 members who were present in chambers. It’s the joke of the year,” said Nyaribo's counsel, Advocate Elias Mutuma.
The defence further submitted that the impeachment process was fundamentally flawed and failed to meet constitutional thresholds.
“At the end of my presentation, Honourable Senators, you will have no doubt that the motion before you is founded on a basis that is constitutionally rotten, procedurally fraudulent, and mathematically impossible,” Mutuma added.
