IMPEACHMENT MOTION: HON. MOFFAT MANDELA IS THE VICTIM.

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It is the responsibility of Hon Titus Kwoma or any other MCA to oversight the county government, however in matters removal of an EXECUTIVE COMMITTEE member it is not just enough pursuant to section 40 of the County Government Act to institute a motion based on the following;-

1. Incompetency.
2. Abuse of office.
3. Gross misconduct.
4. Failure to attend executive committee meetings three consecutive time.
5. Physical or mental incapacity.
6. Gross violation of the Constitution.

The mover of the motion has a further a burden of proof to discharge. He has to substantiate and provide material evidence in support of whichever allegation he or she may bring forth in the motion.

And in all impeachments with regard to the meaning of 'gross' violation and what it constitutes, the Supreme Court of Kenya in Martin Wambora case did not do better than the  Supreme Court of Nigeria  did  in  Hon. Muyiwa InakoJu &  Others v Hon Abraham Adeolu Adeleke (supra) when  it  defined  it  as follows;

 *“The word 'gross' in the subsection does not bear its meaning of aggregate income. It rather means generally in the context atrocious, colossal, deplorable, disgusting, dreadful, enormous, gigantic, grave, heinous, outrageous, odious, and shocking. All these words express some extreme negative conduct. Therefore a misconduct which is the opposite of the above cannot constitute gross misconduct.”* 

In view of the above which evidence does TITUS KWOMA have to justify whichever allegations he may have against MOFFAT MANDELA and does it meet the legally required threshold?

Secondly impeachments are political processes masked in QUASI JUDICIAL form. Does Kwoma have the requisite political numbers in support of his impeachment against MOFFAT MANDELA?

Before his appointment to the Executive Committee of the County Government of Kakamega MOFFAT MANDELA was  the acting chairperson of ODM Kakamega. Surprisingly his accuser- Kwoma is a member of ANC and Kenya Kwanza for that matter. Can ODM or WIPER succeed in any impeachment motion against any Executive Member of Kenya Kwanza in the Parliament as presently constituted?

KWOMA'S motion can therefore be summed up as an ANC/KK onslaught against ODM/AZIMIO in Kakamega.

High chances are that it won't see the light of day.

Edwin Shivakale Skem 
Oracle of Teremi 
13th December 2023

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