Task ahead as MPs consider CS Linturi ouster charges
Agriculture Cabinet Secretary Mithika Linturi.
What you need to know:
- The Constitution and the subsidiary law, including the Standing Orders, provides that if the committee finds the allegations unsubstantiated, no further proceedings shall be taken on the motion.
- If the House votes to approve the resolution of the committee, the Speaker shall deliver the resolution of the House to the President who shall dismiss the CS.
The National Assembly’s 11-member select committee to consider the charges against embattled Agriculture Cabinet Secretary (CS) Mithika Linturi over the fake fertiliser saga will begin its work next Tuesday.
The team was constituted after majority of members on Thursday voted in favour of a vote of no-confidence against the CS by way of impeachment through a motion sponsored by Bumula MP Jack Wamboka.
The committee which has 10 days to bring a report to the House on whether the charges have been substantiated or not, held its first housekeeping meeting Thursday evening as directed by National Assembly Speaker Moses Wetang’ula and elected Marsabit Woman Rep Naomi Waqo as their chairperson with Kathiani MP Robert Mbui as the vice chair.
Also Read: Opiyo Wandayi: CS Linturi cannot feign ignorance over supply of fake fertiliser to Kenyans
The Constitution and the subsidiary law, including the Standing Orders, provides that if the committee finds the allegations unsubstantiated, no further proceedings shall be taken on the motion.
However, if the allegations are substantiated by the committee, Mr Linturi will be given an opportunity to defend himself against the charges and the House will vote to either approve or reject the resolution.
If the House votes to approve the resolution of the committee, the Speaker shall deliver the resolution of the House to the President who shall dismiss the CS.
The committee comprises six members from the Kenya Kwanza, four from Azimio coalition and one member from the Jubilee party.
Also Read: 149 MPs approve motion to dismiss CS Linturi
They are Naomi Jillo Waqo (Marsabit), Robert Mbui (Kathiani), Rachael Nyamai (Kitui West), Samuel Chepkonga (Ainabkoi), George Murugara (Tharaka), TJ Kajwang’ (Ruaraka), Malulu Injendi (Malava) and Kassim Tandaza (Matuga). Others are Catherine Omanyo (Busia), Jane Maina (Kirinyaga) and Yusuf Farah (Wajir West).
Speaker Wetang’ula in his communication to the committee advised: “Members who have been put on this committee, you move to the committee with no blinkers.”
The Speaker instructed that during the team’s probe, the CS should be heard either in person, through a representative or both.
He also instructed clerk Samuel Njoroge to formulate draft rules on the conduct of the committee’s investigations in accord with the exiting constitutional and statutory provisions.
“The committee must always remain decorous and civil towards the parties that appear before it,” urged the Speaker, adding that the committee should conclude its probe by May 13, when he will summon a Special Sitting for the tabling of the report.
Nominated MP John Mbadi said: “This is a quasi-judicial committee. It needed people with vast parliamentary experience, legal background and not people that have not taken strong positions. I’m a bit disappointed by the leadership on this.”
Rarieda MP Otiende Amollo also raised questions over the membership saying those appointed had already taken a strong position hence it is questionable whether they will independently consider the matter.
“Since this was a private sponsored motion, the owner of the motion should have been given the discretion to propose members to the select committee, giving that task to majority and minority leaders is a tragedy,” Dr Amollo said.
As the committee starts it’s probe, it will have to grapple with salient questions that were raised on the floor of the House such as whether it should allow the Directorate of Criminal Investigations (DCI) and the committee of agriculture- which are already investigating the matter, to conclude the process and table a formal report that the House can use to take a decision against the CS.
The sub-judice question was also raised during the debate as some MPs from the government said Parliament should wait for the court to conclude the matter.
Majority Leader Kimani Ichung’wah had also argued that the State Corporation Act bars CSs from interfering with Semi-Autonomous Government Agencies hence Mr Linturi cannot be held accountable for something that happened at National Cereal Produce Board (NCPB) in selling fake fertiliser to farmers.
“The committee should exercise impartiality in its executive mandate. Integrity and credibility should guide their report,” Mr Ichung’wah said.
He told the committee members not to be influenced by the voting pattern of the House to make their decision.
“You now sit as a committee of the House irrespective of how you voted for the motion,” Mr Ichung’wah said.
Mr Wandayi told the Nation that the vote against Mr Linturi should send a strong warning to President Ruto that people are tired of corruption in government.
“The vote was bipartisan. It is an indication that the House is tired of corruption in this government. Of course, there was lobbying to save the CS but members voted with their conscience,” Mr Wandayi said.
The move comes as a section of MPs yesterday warned other CSs who snub committee meetings.
Kitui Central MP Makali Mulu said the move taken by MPs on Thursday exonerates Parliament which has been accused of being an appendage of the Executive.
“...When need arises, we can do something for Kenyans. Some Kenya Kwanza voted for the motion on merit and not on party lines,” Dr Mulu said.
Kitutu Masaba MP Clive Gisairo said as a first term lawmaker, he felt for the first, he was in Parliament that he used to know.
“There comes a time when you cannot subvert the will of the people. Even Kenya Kwanza MPs stood with their people because we are talking about matters of food which affects everyone,” Mr Gisairo said.
“The other CSs need to take Parliament seriously and should never think that they are above the law,” he added.
Marakwet West MP Timothy Toroitich said their vote yesterday as Kenya Kwanza MPs had nothing to do with President Wi Ruto but a CS who is letting him down.
“The most effective way to fight corruption and impunity is through a strong parliamentary oversight. There is an overall feeling that the Cabinet is weak. We feel like the President can even work alone,” Mr Toroitich said.
Mr Mbadi said for the first time, he felt the 13th Parliament did something commendable.
“Since the start of 13th Parliament, it was only yesterday that I felt proud to be in that house. All along I have been thinking whether it has been working for the people of the President,” Mr Mbadi said.
“Constituents should continue piling pressure on their elected leaders because it seems like it is working,” he added.
Dr Amollo also said although Parliament is not yet independent, he was impressed by the bipartisan vote.
“The Kenya Kwanza MPs were not whipped, it was a good demonstration that they were able to stand with farmers in this country,” Dr Amollo said.
Alego Usonga MP Sam Atandi also said Parliament is yet to be free from the yoke of the Executive: “The move was an effort from opposition side. A good number of Kenya Kwanza MPs are still waiting for a signal from State House. They are sitting on the fence on the matter.”.
