The House during the morning plenary sitting continued with the process of removal from office of the County Executive Committee Member for Finance, Economic Planning and Revenue management Mr. Peter Mwikya Kilonzo after a motion on his impeachment was moved by Hon. Antony Musyoka (Kiomo/Kyethani) and seconded by Hon. Paul Maluki (KITHUMULA KWA MUTONGA).
The motion was supported by 32 members which is more than one third of all members as provided for in the County Governments Act Section 40(2).
In line with County Governments Act, Section 40(3) The Assembly has therefore appointed a 5 – member committee to investigate the allegations on the said CECM and report their findings to the House within 10 days on whether it finds the allegations on CECM to be substantiated.
The 5-member committee comprises of;
1. Hon. Jeremiah Mutua Musee – NGUNI WARD
2. Hon. Peter Kitonyo Mwanza- MULANGO WARD
3. Hon. David Masaku Munyau – MUTOMO WARD
4. Hon. Fridah Maua – NOMINATED
5. Hon. Jacquelyne Cate Kalenga – NOMINATED
While moving the motion, Hon. Musyoka cited the following grounds for the removal from office of the finance CECM;
1. Gross violation of the Constitution of Kenya, 2010 or any other law, which includes:-
a) undermining the separation of powers and public participation as underscored in Article 1, 10, 118, 175, 196 of the Constitution of Kenya, 2010, Section 91 of the County Governments Act, 2012, Section 125 of the Public Finance Management Act, 2012, and as advanced in Section 130 of the PFM Act, 2012 as amended by Section 11(4) & (5) of the County Allocation of Revenue Act (CARA), 2021.
b). Violation of Section 135 of the Public Finance Management Act, 2012, and Regulations 39(3) & of the Public Finance Management (County Governments) Regulations, 2015.
c). Violation of Articles 10, 73, and 75 of the Constitution of Kenya, 2010, Section 8,9,10, and 11 of the Leadership and Integrity Act, 2012, and Sections 9, 11, and 12 of the Public Officer Ethics Act, 2003.
d). Violation of Article 175(b) of the Constitution of Kenya, 2010, and Sections 157 & 158 of the Public Finance Management Act, 2012.
e). Violation of the Article 10 & 201 of the Constitution of Kenya, 2010, Section 108 of the County Governments Act, 2012, and Sections 117 & 126 of the Public Finance Management Act, 2012.
2. Incompetence:
CECM Kilonzo is also accused of failure to comply with statutory obligations and deadlines impending the efficient functioning of the County Government, thereby compromising it’s operational stability and financial planning,
failure to adhere to the provisions of Section 157 of the Public Finance Management Act, 2012 on the designation of recievers of county government revenue, failure to adhere to the provisions of Sections 103 and 109 pf the Public Finance Management Act, 2012, unlawful submission of a memorandum on the approved County Fiscal Strategy Paper (CFSP) 2024/2025, misreporting on IFMIS uploading for the Kitui County Supplementary II for Financial Year 2023/2024, and unrealistic county Own Source Revenue target.
3. Abuse of office:
In his capacity as the CECM for Finance, Economic Planning and Revenue management Mr. Kilonzo is accused of issuing threats and intimidation to his juniors to advance his personal intrests and soliciting bribes from contractors before approving their payments contrary to Section 6(1) of the Bribery Act, 2016, chapter Six of the Constitution of Kenya, and Sections 10 & 12 of the Leadership and Integrity Act, 2012.
4. Gross misconduct:
The CECM is accused of Improperly using his public office for personal gain by influencing the drilling of Myaani 001 and Myaani 002 boreholes on family land in Myaani village, contrary to the approved allocation of a borehole at Senda Village in the FY 2023/24 budget, and unlawful submission of a memorandum challenging the approved CFSP contrary to Section 24(2)(b) of the County Governments Act, 2012, and Standing Order No. 134 (2)(b) of the Kitui County Assembly.
The Speaker, Hon. Kevin Kinengo Katisya, who chaired the morning sitting urged the Members to give the Committee humble time to investigate the matter and report their findings to the House after which members will consider the report.
