Kenya: Senate Thwarts William Oduol's Bid to Abort 'Flawed' Impeachment Motion

Nairobi — The Senate Adhoc Committee investigating the motion to impeach Siaya Deputy Governor William Oduol has disallowed a preliminary objection raised by his counsel citing a flawed motion by Siaya County Assembly.

Oduol's counsel led by lawyer Paul Nyamodi argued that the motion before the Senate was sponsored by Siaya County Assembly and subsequently prosecuted by the assembly which is against the law.

Nyamodi told senators that East Asembo MCA Gordon Onguru who sponsored the motion did not in fact appear to prosecute it in the Assembly.

"Before you there's no motion within the context of the constitution and county government act that this committee needs to spend anytime inconsideration. The motion before you is purportedly brought by MCA Onguru who didn't prosecute the motion," he said.

Oduol's counsel attempted to defeat the proceedings even before the committee commenced its business saying that procedure is important in line with the Constitution.

Nyamodi insisted that the motion arose from illegitimate circumstances.

"It's the Deputy Governor's position that there is no motion that can be sent to this house to determine, the procedure is important and the procedure in Siaya county was unconstitutional. I invite the committee to pronounce itself on the notion, it must be dismissed summarily," Nyamodi stated.

Time-barred

Siaya County Assembly Counsel Peter Wanyama scoffed at the objection saying it cannot be an issue before the Senate.

"We urge that you disallow these preliminary objection as its not an issue for now," said Wanyama.

Elgeyo Marakwet Senator William Kisang, the Chairperson of the Special Committee, disallowed the objection saying the impeachment motion was presented before the Senate well within the law allowing the quasi-judicial proceeding to continue.

"The matter is procedurally before Senate. We have to look at it and dispose it appropriately. So, stand guided as the counsel," said Kisang.

The County Assembly of Siaya approved a motion to remove Oduol from office on 8th June 2023.

Siaya County Assembly Speaker conveyed the resolution to Senate Speaker in a letter dated June 9, further forwarding documents in evidence of the proceedings.

The Senate subsequently appointed a Special Committee to investigate the matter.

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