Introduction
Governor Nyaribo’s impeachment emerged from a growing list of financial and legal controversies in his administration. The County Assembly, as a primary watchdog, built its case on allegations of constitutional breaches and legal violations that led to his historic removal from office.
The impeachment rested on three pillars of alleged misconduct: gross violation of the constitution, abuse of office, and gross misconduct.
- The Unlawful Shutdown of County Accounts
A primary charge was the governor’s abrupt closure of all county revenue accounts at Kenya Commercial Bank (KCB) and their consolidation into a single account at Cooperative Bank. The Assembly argued this action violated the law.
- The Public Finance Management (County Governments) Regulations, 2015, are clear. Regulation 25(1) states that a county government must maintain a primary account for its exchequer funds, but it is also permitted to open other “collection accounts” for efficiency in revenue collection.
- The Assembly presented evidence that Governor Nyaribo closed all revenue collection accounts at KCB without any legal authority or resolution from the County Assembly. This act was deemed a gross violation of the constitution and public finance management laws, effectively crippling a structured revenue collection system.
- The Illegal Appointment of a Finance CEC
- The County Governments Act outlines a strict process. A governor must propose a nominee, who must then be vetted and approved by the County Assembly before they can be formally appointed and take office.
- The motion alleged that Governor Nyaribo allowed an individual to assume the powerful role of Finance CEC and manage millions in public funds without this person ever being vetted or approved by the County Assembly. This was characterized as a blatant abuse of office, as it placed a key financial office outside the realm of legislative oversight.
- The Unauthorized Ksh 87 million Car Loan
Perhaps the most publicly striking allegation involved the misuse of public funds for a massive vehicle loan.
- The Public Finance Management Act, 2012, governs how public debt is incurred. A county government cannot take out a loan without the express approval of its County Assembly.
- The Assembly provided evidence that the Nyaribo administration secured a loan of Ksh 87 million from Cooperative Bank, purportedly for the purchase of official vehicles. Crucially, this loan was obtained without seeking or receiving the mandatory approval from the County Assembly. This act was presented as a clear case of financial impropriety and a gross violation of public trust.
Conclusion;
The Nyamira County Assembly successfully made a case for impeachment. The allegations paint a picture of an administration willing to bypass critical checks and balances.
The case now moves to the Senate for a trial. Governor Nyaribo will have the opportunity to defend himself against these charges.
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