Nyamira Governor Amos Nyaribo is bracing for a tense Senate hearing after being impeached by the county assembly last week, mobilizing a strong legal team and calling several witnesses to challenge the process.
The hearing, scheduled for today and tomorrow, is set to be a high-profile confrontation between the impeached governor and the assembly he has repeatedly clashed with.
Nyaribo has appointed lawyer Elias Mutuma to spearhead his defence, supported by advocates Zelmer Bonuke, Ombui Ratemo, Brianlee Murithi, and Erastus Orina. This marks his first appearance before the Senate, following three failed attempts at impeachment at the county assembly level, amid a tenure characterized by disputes with MCAs and other county officials.
The county assembly, in turn, has engaged three lawyers to argue for the governor’s removal.
The team is led by senior counsel Katwa Kigen, with assistance from Mokua Ndubi and Doris Ng’eno. Both sides plan to summon key witnesses, including Nyaribo, Speaker Gladys Moraa, and three MCAs: Julius Nyangana, Elijah Abere, and Priscilla Nyatichi—whose votes during the impeachment are now in dispute.
The three MCAs have denied authorizing proxy votes and filed a criminal case at Nyali Police Station in Mombasa, claiming forgery by those asserting their consent. They also allege that Speaker Thaddeus Nyabaro misled the public by stating they had delegated their voting rights.
Nyamira County Assembly comprises 35 members, with 20 elected ward representatives and 15 nominated members.
However, at the time of the impeachment vote, three wards, Nyamaiya, Ekerenyo, and Nyansiongo, were vacant, reducing the total to 32. For the impeachment to be valid, two-thirds of the MCAs (22) were required to vote in favor. On voting day, only 19 MCAs were physically present, while four reportedly voted by proxy, raising questions over whether the threshold was achieved.
The impeachment motion, brought forward by Bonyamatuta MCA Julius Matwere, passed last Tuesday with 23 votes in favor and none against.
Nyaribo aims to become the third governor to avoid removal on a technicality, following Isiolo Governor Abdi Guyo and Kericho Governor Erick Mutai.
He faces allegations of violating the Constitution and the County Governments Act, including undermining separation of powers by recognizing an illegal parallel assembly, Bunge Mashinani, and retaining a removed speaker and clerk despite court and Senate rulings.
Speaking on Tuesday, Nyaribo claimed the assembly did not meet the required quorum and presented affidavits from four MCAs denying proxy voting.
“It is clear, and it is not even something to argue about. It is as simple as ABCD. I believe it will end at the Senate because it is simple and straightforward,” he said.
He added that the impeachment was politically motivated and rushed ahead of upcoming by-elections, which could have strengthened his position.
“They hurried it because they knew I was going to gain more MCAs after the three ward by-elections in Nyamira, making it impossible to impeach me. No money has been lost; no constitution breached. If those conditions have not occurred, there is no impeachment,” he explained.
Nyaribo defended his involvement with Bunge Mashinani, saying his actions followed court directives. “Whenever I acted, I did so under the court’s directive. I was not addressing Bunge Mashinani but the Nyamira County Assembly under court directions,” he said.
