Nairobi — Isiolo Governor Abdi Guyo has urged the Senate to dismiss the impeachment proceedings against him, arguing that the process initiated by the County Assembly was legally invalid, procedurally flawed, and conducted in defiance of a court order.
Leading the Governor's legal team, Eric Theuri on Tuesday told Senators that the impeachment resolution forwarded to the Senate stemmed from what he termed a "phantom process."
"This release is significant in these proceedings as it marks, in our view, the announcement of a phantom impeachment of the governor. We will shortly demonstrate the salient gaps and schemes, and hopefully persuade the Senate to reject this phantom impeachment," Theuri stated.
He emphasized that the County Assembly failed to adhere to mandatory Standing Orders and statutory requirements governing impeachment proceedings, including the provision of certified Hansard reports, lawful notices of sittings, and supporting documentation as required by Senate guidelines.
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Theuri further argued that "latent, open, obvious, and blatant contradictions" existed between the Hansard, order papers, and official notices, pointing to evidence that no valid sitting took place on June 26--the date the motion was allegedly passed.
"This is not just a defective process. It is a non-existent one masquerading as law," Theuri said.
'Doctored documents'
Elias Mutuma, also part of the legal team, questioned the authenticity of the Assembly's Hansard records, noting glaring inconsistencies between official notices and the documented sitting times.
He accused the Assembly of submitting doctored documents to the Senate.
"The Hansard speaks of a 2.30 pm sitting, yet the official invitation to the Governor was for 9 am. More troubling is that the Hansard is not certified by the clerk--it only bears a stamp," Mutuma submitted.
In a further challenge to the impeachment's legitimacy, lawyer Elisha Ongoya cited a ruling by the Isiolo High Court that declared the Assembly's motion "null and void" for violating conservatory orders issued on June 25.
He argued that while the Senate is constitutionally empowered to conduct impeachment trials, it cannot disregard valid court decisions.
"You are now faced with a choice between constitutionalism and anarchy," Ongoya told the Senators.
The Senate is expected to rule on the preliminary objections at 2.30pm before deciding whether to proceed with a full hearing on the charges, which include abuse of office, gross misconduct, and violation of the Constitution.
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