By Irene Makena
On the Sunday Standard of 24th August 2024, Hon. Ledama Ole Kina, the senator of Narok county wrote a long screed purportedly in support of Kawira Mwangaza, the impeached governor of Meru County. Reading through senator Ledama’s long tantrum, you will notice that the senator blames everyone including the president, the Meru culture, all Meru men, unnamed elected leaders, those the governor allegedly defeated, MCAs and nameless politicians who have no access to lucrative contracts. According to Senetor Ole Kina, Kawira Mwangaza is the only saint in Meru, and like Ceaser’s wife, she is beyond reproach.
Senator Ladema Ole Kina begins his article by lamenting how he went home in ungodly hours deeply troubled because, according to him, the senate didn’t deliver justice by upholding Kawira’s impeachment by the Meru county assembly. The senator claims how the senate is clothed by the constitution to preside over such matters with fairness and impartiality. This is an unfortunate statement from the Senator given that it is untrue.
The conduct of impeachment trial by the senate is the most blatant usurpation of power in the history of the 2010 constitution. Neither Article 96 nor Article 181 of the constitution grants the senate such function. Article 181 of the constitution is explicit that impeachment of governors is an exclusive province of county assemblies. However, the article directs parliament to enact legislation to provide the procedure for impeachment. That is how the senate sneaked itself as the main player under Section 33 of the County Governments Act. There’s a huge difference between providing procedural rules and introducing another body, the senate, which assumes even more powers than the county assemblies, which have direct constitutional power as donated by Article 181.
The latest senate trial was the third regarding Governor Kawira Mwangaza in the last two years. In all three, senator Ledama Ole Kina and senator Bonny Khalwale of Kakamega have always carried themselves as governor Mwangaza’s emissaries in the senate. When the senate converts itself into a trial chamber, the senators are expected to conduct themselves with some elementary degree of civility and fairness. The deplorable behaviour by Ledama Ole Kina and Bonny Khalwale, who arrogantly throw insults at county assembly lawyers, is a disgrace. But to indignantly dismiss the issues brought before their adjudication as “lies from Meru” in the course of proceedings is a case of people who do not either understand the gravity of issues before them or are under some motivation to influence the outcome or both. How can anyone expect justice from a judge who has dismissed a case as lies even before he/she had the opportunity to hear the evidence? Justice should not only be done, but it should manifestly be seen to be done. Judged in the light of their actions, Khalwale and Ole Kina horribly failed the test of the Socrates’ quote he has cited…to listen courteously, to answer wisely, to consider soberly and to decide impartially. If the proceedings were marred by irregularities and were conducted in a manner that raises questions about the senate’s commitment to justice as Ledema Ole Kina claims, then Ledema himself, Bonny Khalwale and those who share their views are guilty for tarnishing the integrity of the senate. Luckily, they were unable to disrupt the proceedings, which seems to have been their brief.
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Ole Kina has also tried to raise procedural issues regarding Article 229(8) of the constitution and Sections 53 and 54 of the Public Audit Act. Obviously, this is an attempt to give a paint of legal gravitas to his screed. I don’t think there’s a need for him to litigate the matter in the press when he can easily join Kawira Mwangaza’s defence team as a lawyer or as a witness.
During the previous senate proceedings on Kawira Mwangaza, gender and culture were the main cards in the hands of her defenders. Thus, the senator writes, “At the heart of this unjust impeachment lies an insidious cultural culprit that leaves no fingerprint; male chauvinism.” Then the senator highlights how he is proud of his Maasai culture, which is irrelevant here. With the same breath, he proceeds to misrepresent the Meru culture, maybe out of ignorance of the same or in trying to twist the same to fit into his narrative. To enlighten Senator Ole Kina a little, Mugwe was the spiritual leader of the Ameru, and his authority and functions were limited to prayers and sacrifices to the gods. He was the high priest. Every clan or sub clan of the Ameru had its own high priest and shrines. Mugwe to the Ameru also refers to God himself. Mukiama was the overall political leader who ruled the entire community. Mukiama would consult the priests, but at no time did he cede his authority to the Mugwe. So, this attempt to intermix politics with spiritual leadership is way off the mark. The senator is guilty of what he is accusing others of, introducing and exploiting cultural norms to skew debate and exonerate Kawira Mwangaza from accountability. How does gross violation of the constitution, gross misconduct, and abuse of office translate into cultural transgressions? Luckily, the senate refused to be distracted by feminist outbursts and executed the will of the vast majority of people who have been suffering under a corrupt and incompetent administration.
The senator has consistently accused the Ameru people and their leaders of being driven by misogyny and male chauvinism in seeking the removal of Kawira Mwangaza from office. One can only wonder if it is the same Ameru who elected her into office while knowing she is a woman. Or, did the governor undergo sex change after being elected as a man? To accuse the people of Meru of misogyny and male chauvinism is unjustifiable. Meru has women chiefs and subchiefs. Merus have no problem with them. Meru is predominantly Methodist, a religious organisation that ordains women ministers. The Ameru have no problem with the Methodist Ministers. Kawira Mwangaza is a victim of the “Peter Principle.” The Ameru unwittingly promoted her beyond competence. She is manegerialy challenged.
The attempt to cover maladministration under gender tag is male chauvinism being practiced in reverse because it is like saying…you can under perform, mismanage and break the law because you are a woman and being a woman is some kind of deformity that should shield one from accountability. In fact, Ole Kina and his ilk should be congratulating the Ameru for being among the only other six counties to have elected a woman governor. But we know that when personal interests take precedence, logic is turned on its head.
It is strange that when it comes to Kawira Mwangaza, Ledema Ole Kina and Bonny Khalwale always experience a Damascus moment and turn into veritable feminist activists only to retreat to their selves after the occasion. One can logically deduce that there must be something else more than meets the eye. There exists a special motivation, some symbiotic relationship between the governor and the two. The partiality of the senator is clearly demonstrated in his insistence that the will of the people should be respected in regard to the election and subsequent actions in office while demonizing the MCAs who are similarly elected as people’s representatives.
Introduction of President Ruto and DP Rigathi Gachagua’s intrigues in Kawira’s impeachment is a desperate absurdity that can not be dignified with a response. However, accusing Meru, big boys of waging war because they were defeated by Kawira, is quite cheap. When you accuse the “big boys” of having been blocked from contracts, who do you have in mind? Who took those contracts? The kind of bile the senator is spewing speaks of some personal interest, which can only be guaranteed under Kawira’s maladministration. I challenge the senator of Narok to declare his interests in this matter.
Finally, there’s no justification for the invocation of Article 192, as the senator suggests. This is an attempt to kill accountability at the counties by threatening MCAs with political suicide if they impeach the governor. For your information, Meru County assembly has the most educated MCAs in the country. with about 90% being university graduates.
That’s why they are setting a precedence in holding county executive accountable.
Writer is a nominated MCA County assembly of Meru
