MPs allied to Kenya Kwanza on Thursday defied their leader Kimani Ichung'wah to vote for the formation of a team to investigate allegations against Agriculture CS Mithika Linturi.
The lawmakers ignored concerted effort by the Kikuyu MP to have them shoot down the motion and instead ganged up with the opposition to resoundingly endorse the creation of the probe team.
In a surprise afternoon vote, a record 149 MPs voted in favour of the motion. Only 36 rejected the impeachment bid sponsored by Bumula MP Wanami Wamboka.
Three MPs abstained from the vote.
This is the first time the Majority side has lost a vote in the 13th Parliament.
According to Ichung'wah, the motion was premature as there was ongoing probe by a parliamentary committee and the Directorate of Criminal Investigations (DCI).
“Hon Wamboka is calling on this House to make a political declaration in the impeachment of a CS but gets absolutely no value in the fight against corruption,” Ichung’wah said.
“Allow our Committee on Agriculture expedite its inquiry, find those who are culpable to be charged before court.”
The argument was, however, dismissed by the Minority side, which maintained the allegations are well-supported and called on MPs to stand with poor farmers who have been duped into buying stones as fertiliser.
“The conduct of the CS as depicted in the submissions, clearly points to a situation where the CS has gone against the national values and principles of good governance under Article 10 and specifically Article 10 (ii)(c),” National Assembly Minority leader Opiyo wandayi said.
Rarieda MP Otiende Amollo added, “Someone has to take political responsibility. If we don’t go as high as the President, we must go as high as the minister.”
Kathiani MP Robert Mbui said it is time for Parliament to stand with the farmers.
“I want you to note that whatever we are doing here, all Kenyan farmers have left their farms and they are watching us,” he said.
Ichung'wah also claimed the evidence adduced did not establish any annexture with the Cabinet Secretary.
“Allow me to plead with this House to defeat this motion because it will derail the fight against corruption, by using such motions to speak to the gallery, to speak to our voters, to speak about corruption but never acting over corruption,” the Majority leader pleaded.
“Hon Wamboka has completely failed to show us the nexus between the allegations he is speaking about and the person he seeks to remove from office.”
“If you read through Standing Order 64 to 66, you will realise Wamboka’s motion falls flat and contravenes our Standing Orders and also the Constitution.”
Despite the pleas from the Majority leader, the MPs voted in favour of the motion.
Interestingly, Kenya Kwanza MPs from President William Ruto’s Rift Valley backyard kept off the debate and only participated in the vote.
Rift Valley and Western are known country’s breadbasket and were among the areas hard-hit by the distribution of the fake fertiliser.
The vote now means that Linturi's fate lies in the hands of the 11-member Select Committee, which will interrogate the allegations levied against the minister.
In the 11-member team, Majority side fronted six members, Minority is represented by four members while Jubilee has a representative.
Kenya Kwanza is represented in the committee by George Murugara (Tharaka), Jane Njeri (Kirinyaga MP), Naomi Waqo (Marsabit), Samuel Chepkonga (Ainabkoi), Malulu Injendi (Malava) and Kassim Tandaza (Matuga)
Deputy Minority leader Robert Mbui (Kathiani), Yussuf Farah (Wajir West), Catherine Omanyo (Busia MP) and TJ Kajwang (Ruaraka).
Kitui South MP Rachael Nyamai will represent Jubilee Party.
The team will investigate the accusation against the Cabinet Secretary and report back to the House within 10 days on whether it finds the allegations against the CS to be substantiated.
The motion will hit a dead end if the 11-man team finds the allegations unsubstantiated.
In case the allegations are substantiated, MPs will vote to approve the resolution requiring the CS to be dismissed.
Before the vote, the CS will be given a chance to defend himself personally or through a representative before the whole House of Parliament.
Three days before his appearance, the motion plus the supporting evidence shall be availed to him.
“If a resolution requiring the President to dismiss a Cabinet Secretary is supported by a majority of the members of the National Assembly, the Speaker shall promptly deliver the resolution to the President,” reads the Section 66(8) of the National Assembly Standing Orders.