Senate dismisses Waititu's bid to file new evidence
What you need to know:
- However, the Speaker allowed the governor to canvass all the matters raised in his preliminary objection as was filed.
- The Kiambu County Assembly has 92 MCAs and by the time he was being impeached, according to Mr Waititu, only 57 MCAs were present.
Kiambu Governor Ferdinand Waititu suffered a blow on Wednesday morning after the Senate dismissed an application to file new evidence out of time in his impeachment trial at the Senate’s second day of special sitting.
Mr Waititu had sought to have the new evidence admitted by the Senate but House Speaker Ken Lusaka dismissed the preliminary objection and ruled that he constrains his arguments to the matters already before the House.
EVIDENCE
“The governor's defense shall be limited to the case filed by the county assembly and the evidence put forward by the assembly including any matters which arose in examination and cross-examination of the witness,” Mr Lusaka said.
However, the Speaker allowed the governor to canvass all the matters raised in his preliminary objection as was filed.
Mr Waititu had sought to prove to the House that by the time of his impeachment, there was no quorum in the Kiambu County Assembly and therefore, the motion before the House was untenable and a nullity.
The Kiambu County Assembly has 92 MCAs and by the time he was being impeached, according to Mr Waititu, only 57 MCAs were present.
MUST VOTE
The County Government Act provides that at least two-thirds of the MCAs in a County Assembly must be present in the House and must vote in support of the charges levelled against the governor. Two thirds of 92 MCAs is 62.
Mr Waititu was impeached by Kiambu MCAs on December 19, 2019, over allegations of gross misconduct, gross violation of the Constitution and PFM Act.
The Senate will later on Wednesday to decide whether to impeach Mr Waititu or dismiss the charges against him.
