Charity Ngilu defies State House and faces MPs

Parliament defied State House and hosted Cabinet Secretary Charity Ngilu to answer questions Tuesday, risking a lawsuit.

National Assembly Speaker Justin Muturi and MPs were adamant that the House was doing its duty.

Mrs Ngilu attended the meeting of the Committee on General Oversight in Parliament, despite a State House directive not to do so.
MPs demanded that her colleagues, Prof Jacob Kaimenyi (Education) and Mr Joseph ole Lenku (Interior), be censured for skipping the session.

Commission for Implementation of the Constitution (CIC) boss Charles Nyachae and Attorney-General Githu Muigai accused MPs of flouting the Supreme Law by summoning the Cabinet Secretaries.

Mrs Ngilu, who ignored a directive from President Kenyatta’s Chief of Staff Joseph Kinyua, asking Cabinet Secretaries not to go to Parliament, responded to questions from the MPs.

She said there was nothing wrong in having Cabinet Secretaries appear before the team. “I’m not saying Kinyua was wrong, the Executive and Parliament will continue to talk.”

“I think CS Ngilu did well and members were satisfied with the answers she gave,” Mr Muturi said after the session that lasted less than 45 minutes.

SUFFICINT EXPLANATION

The Speaker said he had received and responded to Mr Kinyua’s letter, giving State House sufficient explanation on the creation of the unique committee, its roles and how it will work.

The letter, he said, did not amount to the Presidency interfering in Parliament’s work.

He declined to state what action would be taken against Mr Lenku and Prof Kaimenyi. The latter was in the precincts of Parliament but disappeared before the session.

“The committee and the House are at liberty to use the provided mechanisms to make sure they appear,” he said. “They can get them summoned, they can be invited again.”

After Mrs Ngilu left the House, the Speaker was brash in dismissing critics of the summons. “We are the National Assembly and we have functions. We have the sole prerogative to create any committee,” he said.

However, Prof Muigai, speaking from The Hague, restated his view. “I still stand by my legal opinion to government, which also includes Cabinet Secretaries.”

Mr Nyachae, the CIC boss, said it was “sad and worrying” that Parliament decided to go on with the questioning.
PRINCIPAL VIOLATOR

“The leadership of Parliament is emerging as the principal violator of the Constitution. You cannot use Standing Orders to change the provisions of the Constitution to achieve you aims. It is a sad situation,” he said by phone.

He said the CIC had instructed lawyers to go to court to stop Parliament from hosting Cabinet Secretaries for questioning.

Majority Leader Aden Duale dismissed the commission. “Your work is to implement the Constitution. Your work is not to interpret.” During the session, Mr Peter Kaluma (Homa Bay Town, ODM) said MPs do not summon leaders to embarrass them or for “vexatious questions”.