Embattled Meru state governor Kaweela Mwangaza has appointed six lawyers to represent him in the Senate as he fights to overturn his impeachment. He has hired lawyers Elicha Ongoya and Elias Mutuma. They are joined by Brida Kimathi, Robert Muthembe, Edgar Busienga and Collins Mwenda in what is expected to be a fierce battle for survival as governor.
Fee
The charges against the governor are as follows:
1. Serious violation of the Constitution or other laws
The allegations detailed the Governor’s actions as follows:
It has violated Articles 10(2), 27, 41, 47, 73, 232, 235, 236 and 251 of the Constitution by unlawfully cancelling the appointment of Chartered Accountant Virginia Kawira Miriti as Executive Director/Chief Executive Officer of the Meru County Civil Service Commission without obtaining the requisite vote of the County Assembly and usurping the powers of the County Assembly.
By failing to appoint chairpersons of key county committees and allowing unauthorized persons to oversee public funds without proper accountability, he breached Sections 10, 15, 19 and 24 of the Public Servant Ethics Act 2003, Sections 3, 7, 8, 9, 10, 11, 13(1)(b), (f), 21, 29 and 52 of the Leadership and Integrity Act 2012 and Section 4 of the Public Office Appointments (County Council Approval) Act.
Refusing to implement the recommendations and resolutions of the County Assembly regarding the removal of the County Clerk, Dr Kiambi Ater Tambura and Chief of Staff, Mr Harrison Gatobu Nchamba Mbiti for serious breaches of the Constitution and other laws and failing to submit a report to the County Assembly on the implementation of the said resolutions of the Assembly in direct breach of Article 183(3) of the Constitution.
The Employment and Labour Relations Tribunal has imposed a heavy penalty on the county government by way of legal costs and damages for the unlawful dismissal of Dr. Ntoiti (CEO of County Revenue Board), Paul Mwaki (CEO of Liquor Board), Kenneth Kimathi Mbae (Managing Director of Meru Microfinance Corporation) and Joseph Kithure Mberia (CEO of MEWASS) contrary to the provisions of the Meru County Revenue Board Act and the Meru County Investment and Development Corporation Act.
The allegations detailed the Governor’s actions as follows:
Following the murder of Daniel Mutiani (aka Sniper), he misled the public by falsely claiming that Sh86 million was raised through the paybill number when in fact the amount raised was Sh286.5 million, in violation of the Public Servant Ethics Act and the Leadership and Integrity Act.
The details of this allegation were provided by Gov.
It also contravened the Anti-Corruption and Economic Offences Acts and other relevant laws by approving fraudulent payment of emergency call allowances to 161 doctors and medical personnel at incorrect rates, resulting in overpayment of Sh74.3 million.
Conducted manual payroll to pay personnel remuneration amounting to Sh102.94 million, contrary to financial regulations set out in section 6.7.6 of the County Financial Accounting and Reporting Manual.
He employed at least 111 personal staff members in the Governor’s office and increased county wage payments beyond the legal limit, violating the Public Financial Management (County Governments) Rules, 2015.
continued to pay full salary and benefits to a public affairs officer accused of murder, in violation of the Civil Service Commission’s Civil Service Disciplinary Manual;