This archive report was first published on 27 June 2020.
On June 27, 2020, the Senate voted to have the attempted impeachment of Kirinyaga Governor Anne Waiguru handled by a committee whose report would determine her fate.
During the committee hearings, it was clear that there was a poor working relationship between the governor and the county legislature, as well as with workers in the county.
The Senate team concurred that the county procurement system was flawed and recommended that the responsible officials be investigated and prosecuted.
However, the committee ultimately voted to dismiss the charges against the governor while requesting the county senator to mediate between the executive and the assembly.
Kenya's devolved system of governance, which began in 2010, splits legislative and executive authority between the national and county levels.
Under this system, members of the county assembly are elected to represent their people in policy and governance forums, to write laws that govern the relationship between the county government and the people, and to oversee the executive.
Unfortunately, the county assembly's power to oust county officials is fettered by the Senate's review of their decisions.
It would be ideal to let the county assembly be the final decision-maker on whether a governor or any other county official should continue serving or not.
Recognising this contradiction, all Senate impeachment proceedings should begin with a mind to affirm the county assembly decision.
By doing so, the impeachment law can contain the necessary guidance and safeguards to ensure that a county assembly makes a sensible decision.
The current situation is untenable as it amounts to interfering with the rights of the people to determine their own destiny.
Lukoye Atwoli is an associate professor of psychiatry at Moi University's School of Medicine.
