captions: Top: CEC Stephen Masamo
Bottom: Governor John Mruttu PHOTOS/I-MPACT PICTURES FILE
Taita –Taveta Governor John Mruttu is facing a strong acid test after the County Assembly impeached one of his county executives and close confidant Stephen Masamo.
Mr Masamo was among five executives who were required to appear before a county assembly select committee chaired by Sagala ward MCA Godwin Kilele to defend themselves against a raft of issues pertaining to their dockets ranging from incomptence and abuse of office.
Talking to i-mpact news on the telephone Mwatate Ward MCA Eresmus Mwarabu said it was now the prerogative of Governor Mruttu to dismiss Masamo as the county assembly had duly undertaken its obligation according to the law
“The buck now stops with Mruttu to dismiss the executive member as the county assembly has duly played its part as per the law” said Mwarabu.
The MCA said that executives appearing before the CA select committee was not a death warrant or a witchhunt but merely to shed light on issues pertaining to their dockets
“Our work is basically oversight and not witchunting” said Mwarabu.
Hoever another MCA who sought anonymity said it might be had for Mruttu to dimsss the executive as he was one of close confidants.
“The governor is now between a rock and a hard place as he has to either comply with the law or stick around with his man and have his image blurred as leader who respects the rule of law,” said the MCA.
However four other county executives who appeared before the select committee were cleared of all allegations against them after they vehemently defended themselves.
These are ICT’s Eng Elijah Mwandoe, Finance’s Vincent Masawi, Trade’s Florah Mtuweta and Public health’s Gifton Mkaya.
However, water and irrigation Stephen Masamo did not appear before the committee and instead send his lawyers.
According to the County Government Act 2012, a county executive member can be impeached as follows :
Removal of member of executive committee.
40.(1) Subject to subsection (2), the Governor may
remove a member of the county executive committee from
office on any of the following grounds—
(b) abuse of office;
(c) gross misconduct;
(d) failure, without reasonable excuse, or written
authority of the governor, to attend three
consecutive meetings of the county executive
(e) physical or mental incapacity rendering the
executive committee member incapable of
performing the duties of that office; or
(f) gross violation of the Constitution or any other
(2) A member of the county assembly, supported by at
least one-third of all the members of the county assembly,
may propose a motion requiring the governor to dismiss a
county executive committee member on any of the grounds
set out in subsection (1).
(3) If a motion under subsection (2) is supported by at
least one-third of the members of the county assembly—
(a) the county assembly shall appoint a select
committee comprising five of its members to
investigate the matter; and
(b) the select committee shall report, within ten days,
to the county assembly whether it finds the
allegations against the county executive committee
member to be substantiated.
(4) The county executive committee member has the
right to appear and be represented before the select committee
during its investigations.
(5) If the select committee reports that it finds the
(a) unsubstantiated, no further proceedings shall be
(b) substantiated, the county assembly shall vote
whether to approve the resolution requiring the
county executive committee member to be
(6) If a resolution under subsection (5) (b) is supported
by a majority of the members of the county assembly—
the speaker of the county assembly
promptly deliver the resolution to the governor;
the governor shall dismiss the county executive