Kitui County Governor Charity Ngilu has been dealt a blow after the High Court dismissed an application challenging tabling of an impeachment motion against her by ward representatives.
In a ruling delivered on Thursday, Justice Weldon Korir dismissed the case with costs on grounds that it lacked merit.
The impeachment motion sponsored by Athi Ward Representative Peter Kilonzo alias Tangawizi had been scheduled for hearing late last month before the court issued the governor with orders temporarily stopping the impeachment process.
In the petition, the governor argued that she had been condemned unheard and that her rights to a fair administrative action and fair hearing under Article 47 of the Constitution of Kenya 2010 were being infringed upon by the Assembly.
Kilonzo wants the governor impeached on grounds of violation of the constitution, abuse of office and gross misconduct.
In the impeachment motion signed by 40 out of 56 MCAs, Kilonzo accuses the county boss of failure to account for public funds.
The MCA argues that the governor failed to honour summons by the senate committee on County Public Investment and Accounts to shed light on audit queries regarding the management and expenditure of county funds amounting to KSh20 billion for 2017 /2018 and 2018/ 2019 financial years.
This writer understands that the audit queries had been raised by the Auditor General in the auditor general’s report for the years ended 30th June, 2018 and 30th June, 2019 respectively.
The motion reads that when the governor finally appeared before the committee, she failed to give a satisfactory explanation to the audit queries.
According to the MCA, Ngilu’s failure to account for the said expenditure as required further violates Article 201 (a) of the Constitution and her said actions have utterly eroded the public confidence of the people of Kitui County in the integrity of the holder of the office.
Other accusations include irregular and unlawful hiring of county secretary and failing to comply with the two-third gender rule in appointments, violating people’s right to health and conflict of interest in the purchase of a stationary stone crusher plant.
The green light to go on with the impeachment motion against Ngilu comes weeks her Kirinyaga counterpart and friend Anne Waiguru survived a similar ouster attempt.
An 11-member committee picked to probe Waiguru impeachment reported to the house that charges against her were weak and unsubstantiated.
The MCAs have moved to the High Court to challenge the verdict.