, MOMBASA, Kenya, Nov 15 – The Law Society of Kenya is calling for the sacking of Lands Cabinet Secretary Charity Ngilu over her recent appointment that contravened the Constitution.
LSK chairman Eric Mutua has defended the National Assembly’s planned censure motion against Ngilu who he says acted in disregard of the law for making illegal appointments.
“Parliament was following the right procedure to remove Cabinet Secretary for Lands and I think it’s not right for one to be defended for political consideration,“ he said during the 18th East Africa Law Society (EALS) Annual Conference.
Eldas MP Adan Keynan has prepared a Motion that, if supported by a quarter of the National Assembly (85 MPs), would see Ngilu sacked from the Cabinet by President Uhuru Kenyatta.
Keynan has filed a motion with the Clerk of the National Assembly asking President Uhuru Kenyatta to fire Ngilu under Article 152 of the Constitution for “misconduct and gross violation of the Constitution” after MPs adopted a report that found she had irregularly appointed Peter Kahuho as Director General of Lands in October.
The report endorsed by the House recommended that Ngilu take “responsibility for the unconstitutional, illegal and unprocedural acts of creating offices and making arbitrary appointments, promotions and transfers of staff in the ministry.”
Further, the Cabinet Secretary should be held to account for any undesired consequences… that may arise from acts of commission on her part,” the report said in amendments introduced on the floor by Ugunja MP Opiyo Wandai.
The joint committee on Lands and Delegated Legislation, including reversal of staff transfers and sackings in the ministry.
Mutua has also faulted President Uhuru Kenyatta for defending Ngilu.
“Once you make such mistakes the consequences should be as grave as mistake which you made that include your removal” said Mutua.
President Uhuru Kenyatta came out in defence of embattled Ngilu and asked MPs to stop bothering his Cabinet Secretaries and allow them space to work.
“My appeal to the MPs is to recognize that we have a new system of government and we must use it to work in the manner that is consistent with the choice of the 18 Cabinet Secretaries we have. We must never resort to witch hunt,” said the President.
Following the President’s remarks, Jubilee Coalition MPs developed cold feet and resolved to back the Lands Secretary saying their interest was to get Ngilu to obey the law but not to be removed from office.
Leader of Majority Coalition in the National Assembly Aden Duale, who Ngilu allies claimed was behind the plot to remove her, announced the House will not censure Ngilu but will compel her to ensure the committee recommendations are implemented.