• In the impeachment bid backed by 110 MPs, Wanami accused Linturi of gross violation of the Constitution and the law, and gross misconduct.
• He said the CS, through NCPB, procured and distributed ‘soil conditioner’ disguised as fertiliser to farmers.
Image: EZEKIEL AMING'A
Agriculture CS Mithika Linturi now faces the battle of his life after National Assembly Speaker Moses Wetang'ula approved an ouster motion against him over the fake fertiliser saga.
Wetang'ula approved the motion by Bumula MP Jack Wanami, saying the bid meets the threshold for admission in the House.
“In view of the foregoing, I find the proposed special motion meets the application procedural requirements for it to be admitted to the next stage,” he said.
The development now sets the stage for the MPs to investigate the allegations levelled against the CS in what spells doom for the former Meru senator.
“Consequently, the grounds for dismissal of the Agriculture CS as contained in the proposed motion comply with the requirements of standing order 64 and 66,” Wetang'ula ruled.
In the impeachment bid backed by 110 MPs, including those from President William Ruto’s Kenya Kwanza, Wanami accused Linturi of gross violation of the Constitution and the law, and gross misconduct.
The legislator said the CS approved the procurement and distribution of fake fertiliser by the National Cereals and Produce Board.
He said the CS, through NCPB, procured and distributed ‘soil conditioner’ disguised as fertiliser to farmers.
The move, he argued, amounted to professional misconduct, gross violation of the constitution and gross misconduct.
“The conduct of the CS of overseeing the implementation of the budgets of the NCPB under his control for the procurement and distribution of fake fertiliser is a gross violation of values and principles of public service on use of resources, effectively and economically,” Wetang'ula said, while delivering communication to the House.
In particular, the MP accused the CS of grossly violating articles 10, 46, 75 and 207 of the Constitution, leadership and integrity Act and Public Ethics Act.
Yesterday, Wanami gave the notice of impeachment motion soon after the Speaker admitted the motion.
The MP sought the House’s approval to form an 11-member special committee to investigate the allegations against the CS.
At least 117 out of the 349 members of the National Assembly will be required to support the motion for a special committee to be formed.
The Speaker said the House is required to dispense with the motion-to form a special committee-within seven days of introduction in the chamber.
If the House approves the formation of the committee, the panel will probe the allegations and report to the House within 10 days.
The CS will be required to either appear in person or through a representative or both in person and through a representative to defend himself before the panel.
If the committee reports to the House that the allegations against the CS cannot be substantiated, no further proceedings shall be undertaken.
If, on the other hand, the team concludes that the allegations against the CS are substantiated sufficiently, the committee shall table its report in the House, together with a Notice of Motion for adoption of the report.
The National Assembly shall then prioritise the debate on the report of the Select Committee. At least 176 members will be required to vote in favour of the motion to impeach the CS.
While urging members to turn out in large numbers on Thursday, Leader of Minority Opiyo Wandayi said the motion is the last resort Kenyans can take to make sure those in position of power are held accountable.
“Today, I am a very happy man, you have made history and you have put this House on the pedestal of a transformative institution that adheres to the rule of law and constitutionalism,” he said.
“I appeal to colleague members to turn out in large members so we can speak in one voice, we can speak for the defenceless Kenyans.”