Kirinyanga governor has claimed that the County Assembly of Kirinyaga is on a fishing expedition to get her out of her seat. She declared that the MCAs cannot use her in proving their case against her in court.
Through her lead counsel Paul Nyamodi, Ms. Waiguru told the special senate committee comprising of 11 members probing her impeachment that it is upon the County Assembly to provide evidence of the allegations they made against her.
“It is the county assembly that framed the charges and there is no way her responses can be used against her. The governor has no issue to prove. It is the MCAs who should prove their allegations against her,” Mr. Nyamodi said.
Governor Waiguru was impeached on June 9 on three accounts; a
gross violation of the Constitution, the written law, and abuse of office charges.
Mr. Nyamodi responded to the preliminary objections raised by lawyer Ndegwa Njiru, who is representing the county assembly. Mr. Njiru accused Governor Waiguru of bringing to court, documents that are not legible and which MCAs cannot “deduce the purpose of the payment”.
The County Assembly also requested the court to compel governor Ann Waiguru to present both her diplomatic and personal passports before the committee so that Kirinyaga County MCAs can “discern her travels”
“It is difficult to respond substantively to what she has said about her travels because of the nature of the documents given to us,” Mr. Njiru said while referring to the travel documents that Ms. Waiguru presented before the County Assembly Committee.
“According to the documents submitted to us, she traveled to the US and China but it is not in the entries and exits are not clear,” He said while requesting the committee to ask Ms. Waiguru to submit her clearer travel documents.
While replying to the objection, Mr. Nyamodi was wondering how the MCAs will succeed in framing their charge without the right travel documents. He said the MCAs were on a fishing expedition to push Waiguru’s impeachment.
“What is the basis of their allegation that the governor never traveled?” Mr. Nyamodi wondered while warning that Waiguru’s responses cannot be used as proof against the allegations.
While raising her preliminary objection in court, Ms. Waiguru accused the Kirinyaga County Assembly of supplying her with additional evidence forwarded to her by the Senate Speaker Kenneth Lusaka.
The documents submitted to the court contained witness statements and evidence. Mr. Nyamodi described the documents as “unintelligible mass of a document”.
Lawyer Njiru, however, told the committee that the new evidence “improves” the MCAs’ case against the county chief.
The documents contain letters written to Governor Ann Waiguru on June, 10, a day after she was impeached. The letters were written by the office of the Controller of Budget.
Another letter written on June 15, 6 days after the governor was impeached is also in the documents.
Mr. Nyamodi wants the documents to be removed from the records claiming that the Senate rules do not allow the County Assembly to provide other evidence after submitting an initial one to the speaker of the National Assembly.
“The county assembly is [giving] this unintelligible mass of documents to improve on its quality of evidence as submitted to the Speaker of the Senate. The document should be expunged because it is not properly before this committee,” Mr. Nyamodi said.
Mr. Njiru however, opposed the request telling the Committee to find facts on the case.
“This objection is unfounded because an impeachment motion is a fact-finding mission. Even courts have away from the technical delivery of evidence. What is important is that the committee should look at the delivery and execution of substantive justice,” he said.
“We urge the committee to allow the document because it will facilitate the delivery of justice to both the governor and the people of Kirinyaga,” Mr. Njiru said.