Friday 30th, December 2022: 11 Senate Select Committee unanimously dismiss the five charges leveled against Governor Kawira Mwanganza
Boni Kalwale led committee found that none of the charges leveled against Governor Kawira Mwangaza were substantiated
The 5 charges were;
Charge 1: Nepotism, illegal appointments, unlawful dismissals and usurpation of the Constitutional and statutory functions of county organs
Ground 1: Appointment of Husband to County Offices
1. On or around 30th September 2022, the Governor engaged in (i) gross misconduct, (ii) grossly violated Articles 10, 232, 235 and 236 of the Constitution, (iii) grossly violated section 17 of the Public Officer Ethics Act, (iv) grossly violated sections 55, 59, 59A, 60, 62, 63, 64 and 65 of the County Governments Act, (v) grossly violated sections 6 and 11 of the Meru County Youth Service Act, 2018 and grossly violated section 4 of the Public Appointments (County Assemblies Approval) Act, 2017 by:
-appointing her husband to the non-existent position of the Patron of the Meru Youth Service before conducting a transparent and competitive recruitment process;
-appointing her husband to the non-existent position of the Meru Hustlers Ambassador before conducting a transparent and competitive recruitment process;
-disregarding the criteria for the establishment of offices within the County Public Service;
failing to submit her husband’s name for approval by the Assembly before making the impugned appointments;
-reappointing Rufus Miriti as the County Secretary without the approval of the Assembly;
appointing the following unqualified persons to hold County Offices without undertaking a transparent and competitive recruitment process—
>Munene Samaritan, as Director of Special Programs;
>Earnest Mutembei, as Director Monitoring and Evaluation;
>Henry Mzungu, as Director of Administration; and
>Hillary Sandi, as Director of Communications
usurping or trashing the constitutional and statutory functions of —
the Assembly;
>the Meru County Public Service Board (“the Meru CPSB”); and the Meru County Youth Service Board.
Ground 2: Roadside appointment of county workers at Timau Meru municipality
-On or around 21st October 2022, the Governor (i) grossly violated Articles 10, 232, 235 and 236 of the Constitution, (ii) grossly violated sections 12, 14, 15 and 20 of the Urban Areas and Cities Act and (iii) grossly violated the Charter establishing Meru Municipality by:
>illegally appointing a committee to manage Meru Municipality affairs at a public rally at Kinoru, yet the function is vested in the Meru Municipal Board;
>directing the aforesaid illegal committee to usurp the functions of the Meru Municipal Board;
usurping the functions of the Meru CPSB;
trashing the procedures for the appointment of County Public Officers; and
>spewing hate speech against the G4S company.
Charge 2: Incitement, bullying, vilification and misleading campaigns against other leaders
The Governor has (i) grossly violated Articles 10, 73 and 75 of the Constitution, (ii) grossly violated section 19 of the Public Officer Ethics Act, (iii) grossly violated sections 29 and 34 of the Leadership and Integrity Act and (iv) repeatedly engaged in gross misconduct by:
>holding public vilification, incitement and humiliation rallies against Members of the Assembly and other elected leaders;
>falsely accusing Members of the Assembly and other elected leaders of cartelism, blackmail, greed, corruption and intimidation;
>holding public vilification, incitement and humiliation rallies against the Catholic Church and the Catholic clergy; and
>inciting the public against the Members of the Assembly and other elected leaders while knowing that such conduct can easily trigger violent reactions and cause serious breaches of the peace.
Ground 2: Humiliation of the Minority Leader
On or about 24th October 2022, the Governor (i) grossly violated Articles 10, 73 and 75 of the Constitution, (ii) grossly violated section 19 of the Public Officer Ethics Act, (iii) grossly violated sections 29 and 34 of the Leadership and Integrity Act and (iv) engaged in gross misconduct by:
bullying and inciting the public against the Minority Leader and the Member of Assembly for Akithii Ward, Hon. Mwenda Ithili (“the Minority Leader”), at a public rally held at Mweronkanga;
requiring the Minority Leader to make a public apology for unknown and undisclosed wrongs at the public rally held at Mweronkanga;
violently grabbing a microphone from the Minority Leader at the public rally held at Mweronkanga.
offering to protect the Minority Leader against the Speaker of the Assembly from unknown and undisclosed dangers; and
falsely accusing the Members of the Assembly and other elected leaders of cartelism, blackmail, greed, corruption and intimidation. demanding a share of the county government appointments;
falsely accusing the Cabinet Secretary of antagonising and creating a wedge between the Governor and the President of the Republic of Kenya; and
falsely accusing the Cabinet Secretary of cartelism, blackmail, greed, corruption and intimidation.
Ground 5: Vilification of the MP for Tigania East Constituency
On or around the 9th November 2022, the Governor and her husband (i) grossly violated Articles 10, 73 and 75 of the Constitution, (ii) grossly violated section 19 of the Public Officer Ethics Act, (iii) grossly violated sections 29 and 34 of the Leadership and Integrity Act and (iv) engaged in gross misconduct by:
Inciting the public against the Member of Parliament for Tigania East Constituency, Hon. Mpuru Aburi (“the MP for Tiganis East”) at a public rally held at Mbaranga in Karama Ward;
Falsely accusing the MP for Tigania East of demanding that the Governor appoints the MP’s wife as a County Executive Committee Member;
Falsely accusing the MP for Tiganis East of demanding that the Governor prequalifies his twelve companies for the award of county tenders;
Falsely accusing the MP for Tigania East of presenting fake pending bills for payment by the County Government; and
Falsely accusing the MP for Tigania East of cartelism, blackmail, greed, corruption and intimidation.
Ground 6: Vilification of the Catholic Church and clergy
On or around 17th October 2022, the Governor (i) grossly violated Articles 10, 73 and 75 of the Constitution, (ii) grossly violated section 19 of the Public Officer Ethics Act, (iii) grossly violated sections 29 and 34 of the Leadership and Integrity Act and (iv) engaged in gross misconduct by;
inciting the public against the Roman Catholic Church (“the Catholic Church”) and the Bishop of the Catholic Diocese of Meru, Mr. Salesius Mugambi (“the Catholic Bishop”), at a public rally held at the former Igoji Boys Secondary School;
Falsely accusing the Catholic Church of grabbing public land;
Falsely accusing the Catholic Church of cartelism, blackmail, greed, corruption and intimidation;
Conducting a mock public prayer to demean and humiliate the Catholic Church and Catholic Clergy; and
Inciting the public against religious leaders while knowing that such conduct can easily trigger violent reactions ad pose a serious breach of the peace at a public rally held at Kiangua in Igoji West Ward;
Falsely accusing Members of the Assembly of short-changing Casty Micheni and other nominees for the appointment to the CEC;
Illegally instructing Casty Micheni to usurp the statutory functions of the Igoji West Ward retention Enhancement Fund Committee by identifying the persons that would benefit from county bursary funds;
Failing to submit names of other candidates to the County Assembly for approval for appointment to the CEC (after the Assembly rejected some nominees);
Reorganizing her government to six departments and three (3) CEC Members, after the rejection of some nominees, instead of submitting names of other candidates to the County Assembly for approval; and
Swearing to appoint to her government and actively work with losers of the 2022 county elections instead of duly elected MCAs to stir wrangles within the Assembly.
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