11-member committee to probe allegations against CS Linturi » Capital News
NAIROBI, Kenya May 2 – Members of the National Assembly have approved the select committee investigating the removal of Agriculture Cabinet Secretary Mithika Linturi paving way for investigations on the issues raised against him.
Parliamentary parties which include Kenya Kwanza Alliance, Azimio La Umoja and Jubilee Party forwarded six, four and one name respectively that formed the select committee to initiate the probe.
The committee members include Naomi Waqo (Kenya Kwanza), Robert Mbui (Azimio), Racheal Nyamai (Jubilee),Samuel Chepkonga (Kenya Kwanza),George Murugara (Kenya Kwanza),T.J Kajwang(Azimio), and Jane Maina (Kenya Kwanza).
Others include; Moses Injendi (Kenya Kwanza),Kassim Tandaza (Kenya Kwanza),Catherine Omanyo(Azimio) and Yussuf Farah (Azimio).
Majority Leader Kimani Ichungwa urged the members of the select committee to undertake their mandate with utmost objectivity and impartiality.
“It’s important that we emphasize the question of impartiality. Consider the matters contained in the motion and therefore, the integrity of their work and the credibility of the findings will hinge upon their ability to remain as objective as they can,”Ichungwa said.
Minority Leader Opiyo Wandayi opened room for debate by expressing concerns and jostling raised on the membership of the select committee which required the guidance of the Speaker on whether the list could be amended.
A section of MPs had raised jitter that the list ought to be amended claiming its biased and might not accord Kenyans justice.
“Speaker, there are concerns that have been raised by my side, that the list from the Majority side is comprising of names of members who are deemed to be hardliners. I don’t know how we shall cure this, but you will guide us,” said Wandayi.
Speaker Wetangula overruled any attempts to amend the list insisting the special motion to impeach the Agriculture Cabinet Secretary will stand defeated if they amended the list.
“I did tell you that if you reject this list, it will be the final nail on what you passed this morning. If you don’t understand and appreciate that as seasoned debaters and legislators, then we are living a lie,” he stated.
“The law is the law it doesn’t have to be reasonable, it is the law. This is not the speaker’s list, the speaker has no dog in this house,” Wetangula said.
The 11-member committee shall, within ten days, report to the Assembly whether it finds the allegations against the Cabinet Secretary to be substantiated.
The impeachment motion sponsored by Bumula MP Jack Wamboka alleges that CS Linturi is guilty of gross violation of the Constitution by failing to undertake public participation before proceeding with the procurement and distribution of fertiliser.
Wamboka listed three grounds which are alleged to be a gross violation of the Constitution or any other law, serious reasons to believe the CS has committed a crime under national law and gross misconduct.
On crime under national law, he stated that there are reasons to believe that CS committed a crime under the national law involving offences relating to abuse of office and false claims.
In the documents tables, Wamboka adduces reasons to believe he committed a crime of forgery, uttering false documents and procuring execution of documents by false pretences contrary to section 353 and 355 of the penal code.
If the select committee reports that it finds the allegations are unsubstantiated, no further proceedings shall be taken.
If the Select Committee finds the allegations are substantiated, the National Assembly shall afford the Cabinet Secretary an opportunity to be heard.
The Cabinet Secretary has the right to appear and be represented before the select committee during its investigations.
The Committee will be expected to hear the Cabinet Secretary either in person, through a representative or both in person and through a representative.
The special committee will be quasi-judicial, including the requirement of affording witnesses the opportunity to be heard in the examination of all the particulars of the investigations.
The Committee shall table its report in the House, together with a Notice of Motion for adoption of the said report.
The National Assembly should conclude the debate on the report of the Select Committee within 14 days of the giving of the Notice of Motion for the adoption of the Committee’s report.
The House shall set a date on which the CS shall appear before the House to provide further clarifications and/or respond to matters arising from the findings of the Committee.
Evidence adduced on the embattled Cabinet Secretary shall be availed to the CS, at least, three days before the day scheduled for his appearance before the House.
On the set date, Linturi will be accorded the opportunity to be heard before the House makes its decision on the matter.
If the Motion to adopt the report of the Select Committee obtains the support of themajority of the House membership, which is capped at 176 Members,it will be ushered to the next stage.
If carried by that number, the Motion shall be deemed adopted by the house and the Cabinet Secretary shall be regarded impeached from office.
The Speaker shall promptly deliver the resolution to the President who shall dismiss the Cabinet Secretary.
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