Nyamira Governor Amos Nyaribo narrowly escaped becoming only the second governor to be impeached since the 2022 elections after a Senate vote halted the proceedings on a technical point.
Senators voted on Wednesday night to uphold a preliminary objection questioning whether the Nyamira County Assembly had met the constitutional two-thirds threshold required to remove him. Attempts to delay the vote failed, with Senate Speaker Amason Kingi insisting that the House move forward.
After a short break, the sitting resumed around 8pm, and voting began. Less than ten minutes later, the outcome was announced.
“The result of the division is ayes 38 and nays four votes. So the ayes have it. The motion having been approved, the hearing of the proposed removal from office by impeachment of Governor Amos Nyaribo is hereby terminated,” said Speaker Kingi.
Nyaribo now joins Isiolo Governor Abdi Guyo and Kericho Governor Erick Mutai as governors who have survived removal on a technicality, with Mutai having escaped twice.
The motion to remove Nyaribo arose from a preliminary objection by his legal team led by counsel Elias Mutuma. They argued that the November 25, 2025 impeachment motion did not meet the constitutional and statutory requirements.
Mutuma said the resolution was invalid under Article 181 of the Constitution and Section 33 of the County Governments Act.
He contended that the Nyamira County Assembly, composed of 35 members, needed 24 votes for a valid two-thirds majority, not the 22 claimed by the Assembly.
“That number cannot be reduced by interpretation, innovation or improvisation by any member. The motion before you is based on a foundation that is constitutionally rotten, procedurally fraudulent and mathematically impossible,” Mutuma said.
He also challenged the use of proxy voting by four members, calling it “alien, illegal and null and void” and adding that the proceedings involved “acts of fraud, forgery and misrepresentation.” Mutuma noted that only 19 members were physically present during the vote, making the 23 votes in favor of impeachment impossible.
The County Assembly’s legal team, led by senior counsel Katwa Kigen, argued that the two-thirds requirement should apply only to members present, not the total Assembly membership.
“The Assembly has been operating with 32 members. Our argument is that this matter should proceed to full hearing where evidence can be tested,” Kigen said.
He added that proxy voting was permitted under Nyamira County Assembly Standing Orders and that its validity was a factual issue for a full hearing.
Speaker Kingi agreed that the objection qualified as a preliminary objection, requiring a formal motion.
Senate Majority Leader Aaron Cheruiyot said the Senate must uphold the law. “We cannot make laws and then lead in violating them. The law is the law. We may not like it, but it binds us. Anything outside the law is anarchy,” he said.
Other senators echoed this view. Kitui Senator Enoch Wambua said membership of an assembly could not be treated as a moving target.
Narok Senator Ledama Olekina noted, “Two thirds is 24. It is clearly set and cannot shift. We cannot bend the law.” Kisii Senator Richard Onyonka added that while the matter was politically charged, the Senate must follow the law.
