NAIROBI, Kenya Apr 30-The noose around Agriculture Cabinet Secretary Mithika Linturi has tightened after National Assembly Speaker Moses Wetangula approved the special notice of motion seeking his removal from office.
Wetangula approved the motion sponsored by Bumula MP Wanami Wamboka ruling it had met the constitutional requirement on procedure and grounds highlighted in the motion.
“I find that the proposed motion by the member for Bumula meets the requirements of article 152 of the Constitution and standing order 66 as to form and the threshold required for a member to move a motion for dismissal of a cabinet secretary,” he said.
He observed that the grounds to dismiss the Agriculture Cabinet Secretary had met the grounds on gross violation of the Constitution, crime under national or international law and gross misconduct.
Wamboka seeks to edge out the embattled CS over his role in approving the procurement and distribution of fake fertilizer under the National Cereals and Produce Board (NCPB) channels.
In the petition for the removal, Linturi is accused of exposing farmers to fraudsters who have hoodwinked them saying the quest for the removal of the Cabinet Secretary is not political or a witch-hunt.
“Consequently the grounds for dismissal of the Agriculture CS as contained in the proposed motion comply with the requirements of standing order 641a and 66 .In view of the foregoing that the proposed special motion meets the applicable procedural requirement for it to be admitted to the next stage,” he said.
National Assembly Minority Leader Opiyo Wandayi hailed Speaker Wetangula for approving the impeachment motion urging the lawmakers to support the motion seeking the removal of the Agriculture Cabinet Secretary.
“This motion is the last resort that the people of this country through their elected leadership can take as a way of holding to account those that have been put in service of the nation,”
I appeal to colleague members to turn in large members so that we can speak in voice, we can speak for the defenseless Kenyans,”he said.
Impeachment Procedure
According to the house procedure MP Wamboka’s motion which has been signed by 110 legislators must be supported by 117 members before it proceeds to the next stage.
Since this is a Special Motion it should be discussed by the House within seven days with the house set to go on a month-long recess on 3rd May.
Once it ganners the support of 117 members , the committee on selection will form a select committee comprising eleven of its members to investigate the allegations leveled against Linturi.
The select committee shall, within ten days, report to the Assembly whether it finds the allegations against the Cabinet Secretary to be substantiated.
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 the
majority 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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