I have watched with dismay the saga of Meru Governor Kawira Mwangaza. It’s a painful spectacle to behold. Embarrassing – like walking in on your aunt taking a shower. Cringe-worthy – like realising your fly is open in public. But none of these incidents is illegal unless you left your fly open as an act of nudity and public lewdness. From what I can see, Ms Mwangaza is guilty of absurdity, but not a single impeachable offence. Low political, or emotional, intelligence isn’t a violation of the 2010 Constitution for the holder of any political office. Let’s remember the device of impeachment is a nuclear option that should only be aimed at politicians the public is convinced must be destroyed.
When you go to the shooting range, the first thing the instructor tells you is that you must never aim the gun at anyone, or anything, unless you intend to destroy it. That’s true of impeachment. A governor of a county under the 2010 Constitution is a mini-potentate, a pretend president of a mini-republic. But I say this only half-jokingly. The sovereignty of the county citizens who elect a governor isn’t a futile wish.
It’s a mandate of the people that must be treated as sacrosanct unless it can be shown that the governor has breached that trust in fundamental ways. Even where an impeachable offence has been committed, the Senate must ask whether it’s grave enough for removal.
Political sobriety
I am not a fan of certain aspects of devolution. One of them is the overabundance of members of county assemblies (MCAs). I get the notion of the county assembly and the critical role of grassroots oversight and legislation. It’s key to devolution. But in a fledgling poor country like Kenya, MCAs must temper their exuberance with political sobriety. MCAs mustn’t act like drunken children who have been handed an AK-47. You know what would happen if you mix that cocktail. If MCAs don’t tame their appetite for money and power – and hew closely to the intention of the framers – we may have to revisit their purpose and utility. Overreaching, or throwing temper tantrums like little children, isn’t in their job description.
From what I have seen, Meru MCAs don’t like Ms Mwangaza’s “singing” husband, or that he sits in on some official meetings, and has been “allocated” the role of a “goodwill ambassador” by his wife. The MCAs should stop being jealous and get over it. I bet $1,000 that if the roles were reversed, the MCAs would find the antics of the female spouse amusing, not impeachable. Would I rather the singing husband wasn’t ubiquitous? Yes. But really what harm has he done? I think the MCAs don’t like the appearance of a “co-governor.” But that’s not what he is. He’s just a comic. Let him be. If anything, the couple is guilty of violating misogynistic gender rules.I
haven’t seen any iota of evidence among the charges levelled by the MCAs that would stand scrutiny. It’s all – well, hot air! The various allegations against her – nepotism, irregular policy statements, violation of the separation of powers, irregular appointments, incitement, bullying, vilification or humiliation of MCAs, the clergy, MPs, or the violation of finance laws – don’t hold any water.
What the MCAs have done is throw the kitchen sink at her, or as they say, throw spaghetti at the wall and hope some of it sticks. The allegations are sensational but lack supporting evidence. Some of the other claims, such as bullying or vilifying leaders, are simply juvenile. These are schoolyard taunts that are simply contemptible.
Political sense
While it’s true the Meru governor and her husband are not politically savvy and lack political good manners, the MCAs are equally without political sense. An impeachment is a blunt object that is meant to smash an unruly politician who’s turned irredeemably rogue. Ms Mwangaza has been in office for only the proverbial two minutes. She has no track record, except putting her foot in her mouth every time she opens it.
Then she committed the sin of showing men the middle finger. I could’ve told her that male testosterone in conservative societies doesn’t like such acts of contempt from women. Most men believe women must listen to them, and do as they command. Ms Mwangaza doesn’t have time for such entitlements.
Finally, the Senate must set clear standards for impeachment, or county governments will become a joke. If we start impeaching governors for breaking wind in public, we shall destroy the integrity of devolution. The Senate must set a very high bar. It must reject attempts by MCAs to extort governors for a share of the loot.
It’s true some governors must be impeached for looting and abuse of office. But let’s not treat impeachment like a walk in the park. Impeaching a governor barely three months after an election smells fishy. Let’s give Governor Mwangaza more time to show what she can do. Hopefully, she will become wiser.
Makau Mutua is SUNY Distinguished Professor and Margaret W. Wong Professor at Buffalo Law School, The State University of New York. @makaumutua
Source: Sunday Nation yesterday
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