NAIROBI, Kenya Jun 23 – National Assembly Speaker Justin Muturi has struck out a petition which was seeking to impeach Transport and Infrastructure Cabinet Secretary James Macharia, citing insufficient evidence.
Muturi in a ruling delivered on the floor of the House on Tuesday said Nyali lawmaker Mohammed Ali who sponsored the petition failed to comply with the provisions of the constitution and the House standing orders on the removal of a Cabinet Secretary.
Speaker Muturi in particular cited Article 152 (6) of the constitution and the standing orders 64(1A) and 66 which the former investigative journalist failed to meet.
“The notice of motion by the MP lacks any annexures or sworn testimonies or any other evidence thereto. In the circumstances, I am unable to confirm whether the allegations contained in the notice meet the thresholds or indeed whether there is any nexus between the allegations and the role of the Cabinet Secretary as required by the standing orders,” he ruled.
Speaker Muturi said the motion by Ali was tantamount to, “a wild goose chase” in which the lawmaker was inviting the House to investigate unsubstantiated claims.
“To admit a proposed motion that is not supported by any evidence would not only be a violation of the standing orders but would amount to enjoining this House on a wild-goose chase,” he said.
Ali had initially collected 90 signatures from his colleagues who wanted Macharia axed but some later withdrew their support for his motion.
Muturi revealed that twelve MPs had petitioned him to withdraw their signatures but reminded them that their application was invalid as it would contravene the provisions of the House standing order 66(4).
“It is expected that an MP acclimatizes himself or herself with the contents of a motion or a notice thereof before appending a signature,” he said.
Macharia was chiefly accused for giving the green light last month on the order he issued to use the SGR to transport cargo from Mombasa to Naivasha ICD, a move he decried sidelined transport stakeholders in the implementation of the directive.
He accused him of lying under oath when he appeared before Parliamentary Committees and assured lawmakers that directives on transport cargo had been suspended, yet it was not the case.
He also accused CS Macharia of overseeing stalled government projects worth Sh100 billion and being part of the Afya House scandal that saw taxpayers lose Sh5.2 billion in 2016 when he was the CS Health.