The senate could have violated the law following its impeachment of Governor Waititu on December 19 2019. Considering the provisions of the County Government Act section 33(3), which provides that within seven days after receiving notice of resolution from a Speaker of a County Assembly; the Speaker of the Senate shall convene a meeting of the Senate to hear charges against the governor.
The Act further states the senate, by resolution, may appoint a special committee comprising 11 members to investigate the matter.
Mr Waititu was ousted from office after MCAs accused him in a court of law. Charges levelled against him were corrupt deals, gross misconduct and abuse of office.
The Kiambu County Assembly Speaker Stephen Ndichu declared Waititu’s verdict on December 19, 2019.
This means that the senate should have conducted the special sitting last year. However, Kiambu Senate Speaker Kenneth Lusaka left the matter pending.
Lusaka said that they are planning to convene the meeting on January 21. He said that Senate Majority Leader Kipchumba Murkomen proposed the dates.
Signatures from Senators
Mr Lusaka assured that the Majority Leader was collecting signatures from senators to convene the meeting. Since the time frame has already elapsed, there are chances the court may challenge the meeting. The Task force on Devolution Chairman, Dr Mutakha Kangu questioned the speaker’s commitment in the office. According to him, Lusaka didn’t need to consult the Majority or the Minority leader.
He emphasized on the Seven days within which the house was to discuss Waititu’s impeachment. He termed Lusaka’s interpretation of the law as weird.
Also, Makueni Senator Mutula Kilonzo Junior said that Lusaka ought to explain the delay. He said that they will tackle that as the first issue.
Even so, the Senate Majority Leader declared that everything was in order. He stated that the house agreed for recess.
Murkomen said that there was no legal instrument required to recall senators to hear the matter. Moreover, he confirmed that he was petitioning signatures to make the meeting a reality.
There are two scenarios in which the National Assembly and the Senate can be called for a special sitting.
Firstly, in case the president has an urgent matter. Secondly, if the law binds the houses to attend some issues within a specific timeframe. The law provides that the speaker Gazette the meeting.