Speaker rejects Waiguru impeachment motion after MPs withdraw signatures

A motion to impeach Devolution Cabinet Secretary Anne Waiguru was on Thursday rejected after 17 MPs withdrew their support.

Their withdrawal meant that the motion fell short of the number of signatures needed for it to be passed for debate on the floor of the National Assembly.

This means Ms Waiguru has escaped an impeachment attempt for the second time, after an earlier bid by Igembe South MP Mithika Linturi ran aground when he failed to move it.

Yesterday’s decision on the motion by Nandi Hills MP Alfred Keter came as it was revealed that on Friday last week, President Uhuru Kenyatta hosted a group of MPs from central Kenya, who had indicated that they intended to support the Keter motion.

The meeting between the President and the MPs was held at State House and lasted two hours.

READ: Why threat to impeach Uhuru and Waiguru has stirred Jubilee

Eight of the MPs who withdrew their signatures did so before the motion was submitted to the Clerk of the National Assembly, according to a letter National Assembly Speaker Justin Muturi wrote to Mr Keter.

PRESSURE DIMINISHES

“I take note that eight Members have withdrawn their signatures in support of the Motion. Consequently, the support of the Motion falls short of the threshold required,” Mr Muturi’s letter said.

The Constitution and House rules require that a motion to remove a Cabinet secretary have the support of a quarter of the members (88 MPs).

The standing orders also state that any signature supporting an impeachment motion cannot be withdrawn.

Mr Muturi’s letter to Mr Keter and the new rule effectively handed Ms Waiguru a lifeline and reduces the pressure she had been under over the loss of Sh791 million at the National Youth Service, which falls under her ministry.

READ: Keter seeks support to impeach Waiguru

Under the rules issued by Mr Muturi in the House, a notice of a motion to remove a Cabinet secretary or to impeach the President will have to be put up on the MPs’ notice board and a list of MPs' names kept at the sergeant-at-arms for those who support to append their signatures.

Mr Keter had submitted the motion with the signatures of 97 MPs and was on Sunday optimistic that he would be given the go-ahead to move it.

CLOSED-DOOR TALKS

Unknown to the outspoken lawmaker, President Kenyatta hosted the central Kenya MPs on Friday, and sources said they discussed Ms Waiguru’s fate and the case facing Deputy President William Ruto at the International Criminal Court.

It was not immediately known what position was taken during the closed-door talks.

In his address on Mashujaa Day on Tuesday, Mr Kenyatta said the International Criminal Court judges cannot stop Kenyans from praying.

He also said he was aware of the problems at the National Youth Service and he would address them.

Reacting to the dropping of his motion yesterday, Mr Keter accused the Jubilee administration of coercing MPs who had supported him to withdraw.

“Jubilee cannot take a position as a party to support someone who is corrupt,” he said. “Members are told that when you withdraw your signature, you’ll be given a million shillings. I don’t know how they are paid.”

He argued that because the Speaker issued the new rules after he had gone through the process of putting his motion together and getting his colleagues’ support, the rules would not apply to him.

SPEAKER'S DIRECTIVE QUESTIONED

“The law cannot be applied retroactively. When the Speaker gave his ruling, it did not apply to my motion because once you append your signature, there is no mechanism to withdraw,” he said.

The Speaker’s directive — given in the chamber — on how to go about putting together an impeachment motion and collecting signatures was well received by the Jubilee coalition in the National Assembly but viewed with suspicion by the Opposition because of the timing.

“You have made serious issues and among them is where you know you are somewhere in the bar and you find a list of members being sought, you find you go for a prayer rally and you find a member collecting signatures, you are shopping in Nakumatt and a member tells you let’s go to the parking lot I want you to sign for me,” said Majority Leader Aden Duale.

Deputy Minority Leader Jakoyo Midiwo described the ruling as “curious”.

Additional reporting by Bernard Namunane