- The fact that this includes MPs from Ruto’s side that would have otherwise been expected to defend him spells doom for the former Meru senator.
- In determining its admissibility, Wetangula stated that he examined two key issues.
Image: EZEKIEL AMING'A
Agriculture Cabinet Secretary Mithika Linturi is a man staring at a job loss as MPs convene today to debate on his impeachment motion.
The motion sponsored by Bumula MP Jack Wamboka was cleared Tuesday by speaker Moses Wetangula who noted that it meets the required threshold.
The troubles facing Linturi stems from an alleged scandal surrounding the quality of fertiliser recently supplied to farmers by the government.
The subsidised fertiliser was distributed to the farmers through the National Cereals and Produce Board (NCPB) depots.
If the legislators endorse his ouster, he will go on record as the first CS to be impeached in President William Ruto’s government in less than two years in office.
According to Wamboka, at least 110 MPs signed the petition to have Linturi removed from office.
The fact that this includes MPs from Ruto’s side that would have otherwise been expected to defend him spells doom for the former Meru senator.
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.
In determining its admissibility, Wetangula stated that he examined two key issues.
These are whether it meets the requirements of the Constitution and the standing orders and whether the grounds contained in the motion are admissible.
On the first ground, Wamboka argued that the CS failed to undertake public participation with relevant stakeholders in the implementation of a far-reaching policy decision on the procurement and distribution of fertiliser.
He noted that his conduct in approving its procurement and distribution by the NCPB disclose a gross violation of national values and principles of good governance.
Wamboka added that this infringes Article 46 of the Constitution on consumer rights to goods and services or reasonable quality and their protection of health, safety and economic interests and that public money was not applied in a prudent and responsible way.
“That, the conduct of the CS in overseeing the implementation of the budgets of the NCPB under his control for the procurement and distribution of the fake fertilizer is a gross violation of values and principles of public service on the use of resources efficiently, effectively and economically,” he noted.
On the second ground, Wamboka 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.
He further noted there are 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.
With regard to gross misconduct, the member avers that this was demonstrated in Linturi’s conduct of getting into public spats with journalists who unearthed the distribution of the fake fertilizer.
He said Linturi failed to show professionalism in carrying out his duties and in a manner that maintains his public confidence in the integrity of the office.
He has also cited an incident in which he stormed into manufacturing plants purporting to be revoking licences without allegedly conducting investigations.
“That, the conduct of the CS of approving procurement and distribution of fertilizer in so far as state officer he has failed to exercise public trust in the best of his ability and to carry out duties efficiently and honestly and in a transparent and accountable manner amounts to gross misconduct,” he averred.
The CS according to the MP also misled the public by giving false information to the National Assembly Agriculture Committee that the distributed substandard fertiliser was a soil conditioner.
In today’s special motion, a third of the 349 members will have to vote for it to move to the next level.
This translates to 116 members.
If Wamboka manages to rally his troops to achieve the number, the House will then have to form an 11-member select committee-six from majority Kenya Kwanza and five from the minority side to probe the matter.
The select team must be in place seven days after the vote.
This means the House may be forced to convene a special meeting next week to approve the team.