Legal experts warn top politicians against saving governors from impeachment

The decision by President William Ruto and Orange Democratic Movement (ODM) Party leader Raila Odinga on Tuesday to save Nairobi Governor Johnson Sakaja from imminent impeachment has triggered mixed reactions and sparked debate over political leaders’ interference in the work of ward representatives.

Legal experts who spoke to the Eastleigh Voice on Thursday warned that if the trend is allowed to continue, county assemblies risk having their oversight role usurped by party leaders.

Ruto and Raila held separate meetings on Tuesday to shield Governor Sakaja from a looming impeachment push by angry MCAs who had accused the embattled county boss of various acts of mismanagement.

ODM MCAs agreed to suspend the impeachment plan for 30 days following the intervention of their party leader, Raila.

At State House, Nairobi, President Ruto secured further reprieve for Sakaja after persuading UDA MCAs to cooperate with him. The ward representatives had voiced dissatisfaction with how key issues in the capital were being handled.

Lawyer Willis Otieno, a constitutional and administrative law expert, criticised Ruto and Raila’s actions, arguing that they undermined the work MCAs were elected to perform.

“It weakens the oversight role of assemblies and ultimately the Constitution. Outside interference in oversight functions dilutes the constitutional duties of assemblies,” said Otieno.

Following day-long consultations chaired separately by Ruto and Raila, MCAs agreed to drop their push for Sakaja’s impeachment.

“Tumefanya mkutano na MCAs wa Azimio na tumekubaliana hiyo impeachment motion itupiliwe mbali ili viongozi wa Nairobi wakae chini wafanye kazi pamoja kwa wananchi wa Nairobi,” said George Aladwa, ODM Nairobi Chairperson.

MCAs had earlier presented concerns they considered sufficient to impeach Sakaja. The ward representatives, who had already collected enough signatures, accused the governor of sidelining them and implementing projects without consultation.

They also questioned the management of the Ward Development Fund and the criteria used to select projects and award bursaries.

Lawyer Evans Ogada, who specialises in constitutional and administrative law, said it was neither right nor ethical for political leaders to intervene and prevent ward representatives from pursuing impeachment motions against governors deemed unfit for office.

Ogada argued that the use of political muscle by party bigwigs to shield governors from scrutiny undermined both the principle of separation of powers and respect for the rule of law.

“Ward representatives exercise an oversight mandate conferred on them by the Constitution. When external political actors interfere, they erode the independence of county assemblies and distort the accountability mechanisms established to check abuse of power. Such interference promotes impunity, weakens democratic institutions, and signals disregard for the will of the people whom MCAs represent,” noted Ogada.

He further observed that shielding governors from due process through partisan protection compromises integrity in leadership and corrodes public trust in governance. The proper course, he said, is to allow oversight institutions to discharge their duties independently, free from intimidation or manipulation.

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Governor Sakaja, who attended both meetings, pledged to involve the county assembly more closely in consultations on county affairs.

He said each ward in Nairobi had received its fair share of funding, citing Sh715.8 million worth of development projects in the 2022/2023 financial year, Sh925.6 million in 2023/2024, and Sh889 million set aside for the 2024/2025 Ward Development Fund.

On bursary allocations, Sakaja told the tense meetings that his administration had earmarked Sh1 billion for over 119,000 students in 2022/2023, but the Controller of Budget had suspended bursary issuance by governors last year.

“Tumesema kama viongozi wa ODM tumepatia Sakaja mwezi mmoja akae chini na MCAs waelewane vile watafanya kazi,” said Aladwa.

At the State House, President Ruto urged UDA MCAs not to pursue Sakaja’s removal, warning it would distract from service delivery in the city. He called on Nairobi leaders to embrace consultations as they discharged their mandate.