NAIROBI — Isiolo Governor Abdi Guyo has challenged the legality of his impeachment, urging the Senate to throw out the case, which he says was based on an invalid process orchestrated by the County Assembly in defiance of a court order.
During Tuesday’s hearing at Parliament, Guyo’s legal team described the County Assembly’s resolution as “non-existent,” arguing that the impeachment motion was passed without meeting constitutional or procedural requirements.
“This release is significant in these proceedings as it marks, in our view, the announcement of a phantom impeachment of the governor,” lead counsel Eric Theuri told senators. “We will shortly demonstrate the salient gaps and schemes, and hopefully persuade the Senate to reject this phantom impeachment.”
The legal team cited major irregularities in the assembly’s handling of the motion, including failure to provide certified Hansard records, inconsistencies in notices, and a lack of verified documentation.
Theuri insisted that no legitimate sitting took place on June 26, the date the motion was reportedly passed. “This is not just a defective process. It is a non-existent one masquerading as law,” he said.
Claims of Forged Records
Lawyer Elias Mutuma backed the claims, pointing out inconsistencies between the Governor’s invitation letter and the time of the alleged sitting. “The Hansard speaks of a 2:30 p.m. sitting, yet the official invitation sent to the Governor indicated a 9 a.m. session,” he stated. “More troubling is that the Hansard is not certified by the clerk it only bears a stamp.”
Mutuma also accused the assembly of submitting doctored documents to the Senate.
Elisha Ongoya, also representing the Governor, reminded senators that the Isiolo High Court had issued conservatory orders on June 25, barring the County Assembly from proceeding with the motion. “You are now faced with a choice between constitutionalism and anarchy,” he told the plenary.
Senate Trial Underway
Despite the objection, the Senate has moved forward with a full plenary hearing, which is expected to run through Thursday. Earlier in the day, senators met in a closed-door pre-hearing session before publicly commencing the impeachment trial at 10 a.m.
The Senate rejected a proposal to form an 11-member special committee, opting instead to allow all senators to participate in the trial. Only the 47 elected senators will vote to determine Governor Guyo’s fate, with at least 24 required to support any of the charges for removal from office.
Guyo faces accusations of gross misconduct, abuse of office, and violation of the Constitution. Specific allegations include the illegal hiring of advisors and chief officers, failure to deliver annual State of the County addresses, misuse of KSh30 million in bursary funds, and issuing inflammatory public remarks.
The impeachment proceedings continued Tuesday afternoon with the County Assembly’s legal team presenting its opening arguments. The Governor’s defense team followed with a rebuttal before the Assembly began laying out its evidence.
If the Senate dismisses the preliminary objections, witness testimony and cross-examinations are expected to proceed into Wednesday. A final verdict is anticipated Thursday.
About the Author
