By lawyer Martin Nyakundi O’Barimo
Having analyzed the Senate Report on Waiguru Impeachment , I categorically state that the MCAs had not documented prima facie evidence to table at the assembly, leave alone the Senate ,since accessing such information from the executive is a tall order hence coming to the Senate to try ask the Executive to produce self incriminating evidence can’t happen and it’s not how the law of evidence works.
Prima facie evidence against Waiguru would have been difficult to ignore or wish away.
So the Motion was Dead from the beginning at the Assembly and was brought on clutches at the Senate.
This is why most Governor’s get off the hook unlike waititu’s case where the evidence had been acquired through the Directorate of Criminal Investigation (DCI) and the Ethics and Anticorruption Commission (EACC). The Kirinyaga Assembly ignored these vital organs that would have assisted in investigating and documenting such evidence so that at the right moment they would strike.
In this regard the assemblies should be empowered through Senate legislations in order to access executive information, if this will not happen the MCA will just be mere MCAs incapable of checking the excesses at the Counties.
In the Kirinyaga case, it’s not that there were no wrongs commited but how to adduce that information was the challenge.
In addition ,the VOTER MUST BE TOLD elect atleast a Graduate in a Diploma and above for the post of MCA considering the role that person is to do at the Assembly.
Edited by Kamadi Amata