Details of Governor WANGAMATI’S IMPEACHMENT petition

Petition Dated; 24^th June 2020

Petition Received by the Clerk; 22^nd June 2020

Petition Forwarded to the Speaker; 25^th June 2020

The impeachment petition was signed by;

1. Barasa Kundu Nyukuri
2. Albert Simiyu Wamalwa
3. Phillip Wanyonyi Wekesa
4. Jacinta Nabucha Machasio

…. But the last 3 petitioners bolted out just before the speaker’s communication on the floor of the house leaving barasa Nyukuri to soldier on…

GROUNDS (in a nutshell);

1. Gross violation of the Constitution of Kenya, 2010

• The governor has violated the constitution and other enabling legislation such as;
  • Public officers ethics ACT, 2003
  • Transitional Authority ACT, 2013
  • Urban areas and Cities ACT, 2011
  • County Govt. ACT, 2012
  • Public Finance Management ACT, 2012
  • Leadership & Integrity ACT, 2012
• He has failed to adhere to Chapter 6 on the leadership and integrity by sanctioning illegal and irregular appointments and selection of unqualified and incompetent personnel among them Chief of staff, Liaison Officer, Protocol Officer etc
• The Character/Conduct/actions of Wycliffe Wangamati have grossly violated articles 1,2,3,4,10,27,47,48,50,73,232 of the constitution

2. Violation of the rule of law and due process, Abuse of office and Gross misconduct

• His unilateral intend and decision to dissolve the county… sponsoring, forgery,
• Publicly stating that they (Executive) will not recognize/respect/work with the Assembly
• Interfering with the mandate of the County Public Service Board
• Employment od Alex Momanyi, brother in-law to CEC roads, Collins Mukhongo as head of Supply Chain management
  • Alex implicated in colluding with a supplier to defraud Nzoia Sugar 2,800,00/=
  • Alex conspired with other member of staff to authorize payment for undelivered fertilizer
• Irregular transfers of senior personnel from the county Hq to field stations with no job description.
• Wangamati is yet to fill 4 chief Officer positions
• Directors’ positions yet to be filled 2 years after the CPSB advertised, Shortlisted and recruited
• Illegal and irregular sanctioning of Quantity surveyors from roads depart without clear job description and/or ToR
• Sanctioned creation of illegal offices i.e
  • More than 10 chief officers
  • More than 4 advisors
  • Several Members of the service delivery unit (SDU)
  • Several Protocol officers
  • Several Liaison officers
  • Corridor employees
• Appointment and nominations of chief officers and advisors to non-existent positions and offices
• Bloating the staff leading to ballooning od the wage bill to about 52% from the required 35% ceiling
• Failure to pay Casuals
• Using organized militia/goons to intimidate/harass members of the assembly
• Hiring of online goons for the purposes of character assassination, mudslinging, threats, name calling, intimidation of members of the county assembly, National assembly and senate

3. Impropriety:

• The antagonistic nature and behavior of the governor
  • He has created a political environment that is not conducive for good governance, performance of the assembly and implementation of programs/projects in line with County Integrated Development Plan (CIDP).
  • He hardly listens to advice and/or criticism
• Initiated numerous flagship projects without adequately consulting the public and/or considering sustainable budgetary allocations
  • Dual Carriage
  • Masinde Muliro Stadium
  •  Milk Processing Plant
  • Misikhu – Brigadier road
  • High Altitude Centre
  • Nalondo Stadium… etc

• He does not respect Public Participation views
• He does NOT implement MOST ward based programs and projects
• Failure to draft bills, policies, annual budgets and supplementary budgets for approval by the county assembly of Bungoma within the statutory timelines
  • Moves that are seen as deliberate to create a crisis and blame it on the assembly
• He delays disbursement of funds which in turn affects absorption capacity leading projects stalling and later abandoned
• Over-centralization of the procurement processes to his office contrary to article 227
• Failure to decisively fight corruption
• Awarding of tenders to Governors Friends, business partners through proxies due to his undue influence
• UnSurrendered imprests
• Irregular and illegal inter-departmental borrowing as well as misappropriation of funds;
  • Bungoma County Referral Hospital – 6,986,000/=
  • Webuye Sub County Hospital – 5,000,000/=
• Misappropriation of emergency funds
• Diversion of 350 million allocated for the Industrial park
• Use of county resources on National functions ie class C33 Dual carriage
• Failure to explain to residents of Bungoma County why and how the executive has utilized the World bank grants for Bungoma and Kimilili Municipalities without involving board members
• Failure to ensure public resources are used as planned in fiscal framework… ie employment and HR capacity building
• Failure to adhere to procurement laws and procedures as stipulated in Article 227

4. Lack of leadership and integrity

• Irregular appointment of unqualified and incompetent personnel in his office

⛔The committee led by Khalaba MCA, Hon. Majimbo Okumu will undergo a training to polish their knowledge on matters governance/constitution/oversight before commencing the hearings in August

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⛔ #iKUWEiKUWE Updates summary;

• Unsurrendered imprests
• Diversion of allocated funds
• Investing in Executive/Online goons
• Human Resource… Unpaid Casuals, employment of incompetent / unqualified personnel
• Using militia/goons to intimidate/harass members of the assembly, Parliament, senate and members of public
• Awarding of tenders to Governors Family, Friends, business partners through proxies due to his undue influence
• Misappropriation of emergency funds
• Failure to declare the use of World bank grant
• Employment of Alex Momanyi, brother in-law to CEC roads, Collins Mukhongo as head of Supply Chain management… in relation to Nzoia Sugar fraud
• Bloating the staff leading to ballooning of the wage bill to about 52% from the required 35% ceiling
• Irregular and illegal inter-departmental borrowing as well as misappropriation of funds

⛔Unless I take a look at the evidence… This is a weak petition in my view… proovable financial improprieties are the key to the impeachment of a governor… (money trails, signed documents, text messages, call recordings) … Otherwise I recommend that Wangamati, Collins Mukhongo, Marango, Alex – procurement, Chenane and all partisan staff’s mobile phone devices are subjected to digital forensics for recovery of evidence