The Senate will today (Wednesday, December 9) hold a special sitting to hear the grounds on which MCAs decided to impeach Nairobi Governor Mike Sonko.
Reports indicate that Senate’s House Business Committee is favouring the formation of an 11-member committee, as provided in Section 33 of the County Government Act, to hear and determine the charges levelled against the governor.
This not withstanding, Senators will vote on whether they will task 11 members to handle Governor Sonko’s impeachment case or have the whole house determine his fate.
In the event the Senate okays formation of the special committee, the 11 members will have ten days to hear and determine Sonko’s case before presenting their findings and recommendations to the whole house for voting.
Just like in the Governor Anne Waiguru impeachment case, the Nairobi County Assembly and Governor Sonko will be given an opportunity to defend themselves before the committee retreats to compile final report.
Should the Senate decided that all of them should hear and determine the case (the plenary way), a special session will be arranged where the governor will be invited to defend himself.
The Senators will then vote either to save Sonko’s job or give nod to MCAs stand of sacking him.
Senate impeachment proceedings being quasi-judicial processes, both parties (MCAs and Governor Sonko) are allowed to be represented by lawyers.
Grounds of impeachment
Governor Sonko was ousted from office after 88 MCAs voted in support of an impeachment motion fronted by Minority Leader Michael Ogada.
In a quick rejoinder, Sonko rubbished the impeachment claiming 57 MCAs in his company at Kwale on the fateful day were included in the voting.
The MCAs impeached Sonko on grounds of gross violation of the Constitution (the County Governments Act, 2012, the Public Procurement and Disposal Act, 2015 and the Public Finance Management Act, 2012), and abuse of office.
Additionally, they accuse Sonko of frustrating the work of Nairobi Metropolitan Services by refusing to approve KSh37.4 billion budget to facilitate NMS’s operations.