, NAIROBI, Kenya Apr 22 – The acrimonious relationship between commissioners at the Ethics and Anti-Corruption Commission and secretariat seems to have provided Parliament’s Justice and Legal Affairs committee with sufficient grounds to recommend setting up of a tribunal to look into a petition seeking the removal of Mumo Matemu and Irene Keino from office.
In their report which was submitted to the House on Tuesday, the committee notes that the disharmony and mistrust among commissioners and even the secretariat warrants a new beginning even if it means sending them home.
Nairobi lawyer Oriaro Geoffrey kicked off the process by petitioning the National Assembly with claims that the chairman and the commissioner are in “serious violation of the Constitution, the Ethics and Anti-Corruption Commission Act, the Anti-Corruption and Economic Crimes Act as well as the Penal Code.”
The report which comes up for debate on Wednesday was adopted by a majority – 18 members – with only Ruaraka MP Tom Kajwang’ dissenting.
If the House agrees with the committee recommendations, then President Uhuru Kenyatta will be required to suspend the two pending the outcome of the tribunal which should report on its recommendations within 30 days.
Article 251 of the Constitution states: “A person suspended is entitled to continue to receive one-half of the remuneration and benefits of the office while suspended.”
The tribunal should be headed by a person who is fit to hold the position of a superior court judge, two persons qualified to be appointed as High Court judges and one other member who is qualified to assess the facts in respect of the particular ground for removal.