Linturi to know fate on Monday as Wamboka casts aspersions on impartiality of verdict » Capital News

NAIROBI, Kenya May 10- The fate of the Agriculture Cabinet Secretary Mithika Linturi concerning his impeachment motion now hangs in the balance even as the mover of the motion casted aspersion on the impartiality of the final verdict.

The select committee considering the impeachment motion led by Marsabit Woman Representative Naomi Waqo has retreated to write the report that will be tabled before the National Assembly special sitting on Monday.

“We have set precedence on how to conduct removal process. We have set rules of procedure which wasn’t in place previously. We will analyze evidence by all parties and make our findings within the law,”Waqo stated.

Wamboka’s dissatisfaction

However, the sponsor of the motion, Bumula MP Jack Wamboka expressed his dissatisfaction on the conduct and final outcome of the quasi-judicial proceedings saying the writing was on the wall on the voting patterns based on political allegiance.

Wamboka was irked by the majority decision of the select committee to impede his request to summon Agricultural Principal Secretary Kipronoh Ronoh and KELs chemicals Chief Operating Officer Devesh Patel.

“I don’t see the need of me being here. Voting lines are so clear specifically on the rulings you made on this motion. I had given and committed myself to this committee until the two rulings were made, we will leave you to decide for Kenyans,” Wamboka said.

Nevertheless, the first-time lawmaker has maintained that his impeachment motion has shown that CS Linturi committed gross violation of the constitution through negligence which led to the fake fertilizer scandal.

He insisted if the final report of the committee will not recommend the impeachment of the Cabinet Secretary, he will use other avenues to ensure the embattled Cabinet Secretary is edged out of office.

“There so many ways of killing a rat some would use rat and rat, some will burn the house. But I would sit on the rat and it would die. There are so many ways on this, one is select committee, but we will be proceeding ahead with this,”

“We are determined for the Kenyan farmer. Mithika Linturi must go for substandard fertilizer. Mithika must go!” Wamboka exclaimed.

MP Wamboka urged the select committee to deliberate the issue with keen consideration on justice of farmers who bought fake fertilizer following irresponsibility by top government officials.

“You may bury your heads in the sand but at the end of the day there’s God.When humanity cry to God at the time of difficulty. God will come through for them,” he stated.

“Whatever outcome this committee makes, we will emerge victorious and it will haunt people. Farmers are crying, where does the responsibility fall?” Wamboka posed.

His Lead Counsel John Khaminwa, stated it will be unfortunate if the rule of law is not upheld in the final verdict of the committee insisting CS Linturi should be held accountable for edifying ‘portfolio corruption’.

“If we don’t uphold the rule of law, we will become a banana republic..the law should be enforced otherwise we will be taking the wrong trajectory,” he said.

Wamboka’s counsel, Lady Asha, hammered the nexus between the fake fertilizer scandal and the Agriculture Cabinet Secretary insisting his failure to appoint a board has exposed farmers to losses.

“The mama mboga awaits to see what the committee will do since the law is very clear. We don’t care who is the CS, our issue is  we want to see what your are doing for Kenyans.  I urge the committee not to turn a blank eye and say we are in a political situation,” she said.

Linturi’s plea

In his closing submission, Linturi through his legal counsel, termed the impeachment motion as a cruel joke which invoked the constitution in vain without viable evidence for removal of the Cabinet Secretary.

“You cannot impeach someone based on perception. Even if we were to assume that Linturi is the twin brother of Lucifer, we cannot ignore the law. we must give him justice,” stated Thiankolu.

He added, “This motion has trivialized an important constitutional framework. We have been treated to a cruel joke by the mover of the motion who invoked the impeachment clause in the most trivial manner.”

Thiankolu poked holes on the evidence tabled who include six farmers and two experts who appeared before the committee saying their presentations were not reliable and should not be considered as evidence by the House team.

“Some of those witnesses had not read the motion, others did not know that there submission would be used before this committee while others were not aware of the fertilizer being submitted through the subsidy program. One of them was actually a non-registered farmer whereas the experts did not produce any credentials to prove it,” he submitted.

Impeachment motion procedure

The Committee shall table its report in the House on a special sitting on Monday next week, together with a Notice of Motion for adoption of the said report.

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 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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