Nyamira Governor Amos Nyaribo has survived a third attempt to remove him from office after the Senate terminated impeachment proceedings against him on a technicality. The decision, delivered late Wednesday, halted a politically charged process that could have seen him become the second governor to be removed by the Senate.

The core of the issue was not the substance of the allegations against him, but a fundamental procedural flaw during the impeachment vote at the Nyamira County Assembly on November 25. This technicality underscores the deep political fractures in Nyamira and raises questions about the adherence to constitutional processes in county governance, a situation that directly impacts service delivery for residents.

A Vote Mired in Controversy

The Senate's decisive action, with 38 senators voting to uphold a preliminary objection against only four who opposed, hinged on simple arithmetic. Governor Nyaribo's legal team, led by lawyer Elias Mutuma, successfully argued that the County Assembly's impeachment vote was invalid because it failed to meet the constitutional threshold.

Under the law, removing a governor requires the support of two-thirds of all members of the county assembly. The Nyamira Assembly has 35 members, meaning 24 votes were needed to pass the motion. However, the Assembly only recorded 23 votes in favour.

The situation was further complicated by claims of fraudulent proxy voting. Mutuma noted that only 19 MCAs were physically present in the chamber, yet 23 votes were tallied. He argued this was a "numerically impossible" outcome, alleging that letters permitting proxy votes only surfaced days after the impeachment and that some MCAs have since sworn affidavits denying they authorized anyone to vote for them.

Allegations Behind the Ouster Bid

While procedure ultimately saved the governor, the impeachment motion, tabled by Bonyamatuta MCA Julius Matwere, contained serious accusations. The Members of County Assembly accused Governor Nyaribo of several charges, including:

• Gross violation of the Constitution: This included allegations of supporting an unconstitutional parallel assembly faction known as “Bunge Mashinani,” and illegally assenting to a supplementary budget bill.
• Abuse of Office: The governor was accused of orchestrating a payroll fraud syndicate, irregular staff recruitment that bloated the wage bill, and improperly paying himself KES 5.6 million in salary arrears.
• Unlawful Appointments: He was also faulted for irregular appointments to municipal boards and the County Public Service Board.

Governor Nyaribo denied all charges, and his legal team dismissed the impeachment as a political witch-hunt.

The collapse of this third impeachment attempt leaves the political landscape in Nyamira County tense. Senate Majority Leader Aaron Cheruiyot questioned if the matter was properly before the Senate at all, criticizing the County Assembly for bringing an "unfinished product." The focus now shifts to whether the governor and the assembly can find a way to work together or if Nyamira's citizens will face continued political infighting at the expense of development.