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Isiolo County Governor Abdi Ibrahim Hassan has denied all three charges levelled against him during the first day of the Senate hearing into his proposed impeachment, following a Motion passed by the Isiolo County Assembly.
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Appearing before the Senate plenary this Tuesday, Governor Hassan rejected the accusations read to him by the Clerk of the Senate, Mr. Jeremiah Nyegenye.
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The first charge against the Governor is gross violation of the Constitution and other laws. The County Assembly alleges that Governor Hassan failed to deliver the annual State of the County Address throughout his three-year tenure, in breach of the County Governments Act. He is also accused of inflating the countyβs wage bill by employing a bloated workforce, including 36 advisors and 31 Chief Officers, despite the county having only six departments, as well as two Deputy County Secretaries, positions not recognised by law. According to the Assembly, this has pushed the wage bill to 46% of the countyβs annual revenue allocation, well above the 35% ceiling set by the Public Finance Management (County Governments) Regulations, 2015.
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Further, the Assembly claims the Governor illegally created offices without involving the County Public Service Board, in violation of several provisions of the Constitution and the County Governments Act. He is also accused of ignoring Assembly resolutions on Public Debt Management, leading to an unsustainable debt burden and of failing to account for Kshs. 30 million in bursary funds, which were allegedly not utilized as per the approved budget.
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The second charge is abuse of office. The Assembly alleges that the Governor appointed staff in disregard of legal limits and guidelines. He allegedly contravened directives from oversight bodies such as the Salaries and Remuneration Commission and the Intergovernmental Relations Technical Committee by appointing 36 advisors instead of the maximum of three. Additionally, he is said to have hired more Chief Officers than the established number, awarded them two-year contracts and failed to renew the contracts of County Executive Committee Members, creating instability in county operations. The appointment of two Deputy County Secretaries to non-existent posts also features in this charge.
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The final charge levelled against Governor Hassan is gross misconduct. He is accused of making disrespectful and sexist remarks against Senator Fatuma Dullo (Isiolo), thereby violating the principles of integrity and the right to dignity. The Assembly also alleges that he made divisive and discriminatory remarks against certain clans in Isiolo, thereby eroding public trust in his office. Additionally, he is said to have been consistently absent from the county, opting to manage affairs remotely from Nairobi, which reportedly paralysed service delivery.
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Earlier, Speaker of the Senate Rt. Hon. Amason Jeffah Kingi, CGH, gave a communication guiding Lawmakers and parties involved on how the proceedings would be conducted.
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After the charges were read to the Governor, Speaker Kingi gave an opportunity for parties to raise any preliminary objections. Governor Hassanβs legal team, led by Mr. Elijah Ongoya raised two preliminary objections, one touching on the validity of the Motion before the House based on a court ruling and the second on whether the sittings were properly held by the County Assembly of Isiolo.
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βWe are guided by the Constitution, other laws and the Standing Orders. We beseech you to down your tools as there is no valid Motion before you,β submitted Mr. Ongoya.
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However, the County Assemblyβs legal team, led by Mr. Paul Nyamodi dismissed the preliminary objections and urged the Senate to proceed with the hearings, arguing that the doctrine of separation of powers protects the proceedings.
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βYou should disregard the court decision and proceed. Courts should not interfere with the Legislatureβs proceedings,β submitted Mr. Nyamodi.
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The Senate will make a ruling on the preliminary objections this afternoon. If it resolves to proceed with the hearing, this will pave the way for the opening statement by the County Assembly of Isiolo, followed by that of the Governorβs side.
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The County Assembly of Isiolo will then present its evidence to support its case.
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The Governor is expected to make his submission on Wednesday.
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Each side has lined up various witnesses to support their case.