NAIROBI, Kenya, May 6 – The National Assembly will next Monday hold a special sitting to consider the report on Agriculture Cabinet Secretary Mithika Linturi’s ouster.
A communication issued by Speaker Moses Wetangula stated that the lawmakers will cut short their month long recess to deliberate the report in accordance with the timelines.
The house will also consider the Senate amendments to the Division of Revenue Bill, report on the Ratification of the Multilateral Convention to Implement Tax Treaty
and Third Reading of the National Disaster Risk Management Bill.
The Select Committee chaired by Mandera Woman Representative Naomi Waqo is expected to commence sitting tommorow to cross examine evidence and witnesses as they investigate issues raised against the embattled Cabinet Secretary.
The Committee shall table its report in the House, together with a Notice of Motion for adoption of the said report.
The impeachment motion sponsored by Bumula MP Jack Wamboka alleges that CS Linturi is guilty of gross violation of the Constitution by failing to undertake public participation before proceeding with the procurement and distribution of fertiliser.
Wamboka listed three grounds which are alleged to be a gross violation of the Constitution or any other law, serious reasons to believe the CS has committed a crime under national law and gross misconduct.
On crime under national law, he stated that there are reasons to believe that CS committed a crime under the national law involving offences relating to abuse of office and false claims.
In the documents tables, Wamboka adduces reasons to believe he committed a crime of forgery, uttering false documents and procuring execution of documents by false pretences contrary to section 353 and 355 of the penal code.
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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