The Senate plenary will decide the Nairobi Governor Mike Sonko impeachment case after Majority leader Samuel Poghisio declined to move motion to appoint a committee.
During the special sitting on Wednesday, 11 Senators had been proposed to sit in the impeachment committee.
They were Samson Cherargei (Nandi); Charles Kibiru (Kirinyaga); Hargura Godana (Marsabit); Abdullahi Ali (Wajir); Alice Milgo (nominated); Christine Zawadi (nominated); Okongo Omogeni (Nyamira); Mohammed Faki (Mombasa); Judith Pareno (nominated); Petronilla Were (nominated) and Fred Outa (Kisumu).
Senate Speaker Kenneth Lusaka read the charges facing the embattled Nairobi County boss.
He said the Sonko impeachment motion cites the following as the grounds for the removal:
Gross violation of the Constitution or any other law (Gross violation of the Constitution, County Governments Act, 2012, the Public Procurement and Disposal Act, 2015 and the Public Finance Management Act, 2012);
Abuse of Office; and
He clarified that the motion is not on the propriety, prudence or even the constitutionality or the legality of the processes that have preceded the submission of this matter to the Senate.
In addition, the Speaker noted that the Sonko impeachment motion is not a debate on the facts of the matter or their merits.
He reiterated that it is, therefore, not permissible to deviate to any matters other than the motion before the Senate.
“I therefore urge that the Senate exercises the highest level of responsibility on this matter,” Lusaka added.
Sonko however maintains that his ouster was illegal, claiming that the quorum was not met during the virtual voting by members of the Nairobi County Assembly.
He alleges that the system was compromised, allowing for impersonation of MCAs to vote for his ouster.
Sonko has been keen on having his impeachment case heard and determined by the plenary instead of a committee.
According to him, a committee may be infiltrated by ‘powerful forces’ to seal his fate.