Nairobi — The Council of Governors (CoG) has proposed a reviewed legal framework to protect county chiefs from what it termed as "unprocedural impeachments" by Members of County Assemblies.
The Governors' Council Monday asked the Senate to come up with a legislation which will guide the relationship between County Assemblies and the Executive to address their concerns.
The Governors said the law should also provide timelines within which an impeachment motion can be introduced in the Assemblies saying such guidelines should mirror the procedure for recall under the Elections Act.
The Council's statement on Monday came just a day before the Senate convened for a special sitting to consider the impeachment of Meru Governor Kawira Mwangaza, after 67 Meru MCAs approved the motion to remove her from office.
Governors argued having a clear legislation regulating how the two arms in the counties should co-relate will assist in ensuring that county governments remain accountable, transparent, responsive and effective in delivering on their mandate.
"We urge the Senate to consider enacting a legislation that will regulate the relationship between the County Assemblies and the Executive, the law should also provide timelines in which an impeachment motion can be introduced in the Assemblies that mirrors the procedure for recall under the elections act," the Council's Vice Chairperson Ahmed Abdullahi stated.
The Council called upon the Senate to be guided by the rule of law while deliberating Governor Mwangaza's impeachment, as well as jurisprudence set by the courts on the threshold for the removal of a Governor.
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The Governors also observed that it would be of great importance for the Senators to take into account the peculiar facts and the circumstances of the case, while making their decision.
Mwangaza is the first Governor to be impeached by MCAs since the August 9 General Election.
"The Governor has been in office for a period of four months only and to date she has not yet been able to fully set up her government," CoG contended.
The Governor is accused of nepotism, illegal appointments, unlawful dismissals, usurpation of constitutional and misleading campaigns against other leaders.
Meru High Court had suspended initial impeachment proceedings against the Meru Governor in November on grounds that the MCAs had not followed the right procedure and that Kawira's constitutional rights would have been violated.
