MPs who signed the minority report recommending the removal of Agriculture CS Mithika Linturi over the fake fertiliser scandal cited three grounds.
In a 15-page report tabled before Parliament on Monday, the four lawmakers cited acts of omission and commission they believe make the CS guilty of the charges against him.
The four are Robert Mbui (Kathiani), TJ Kajwang (Ruaraka), Catherine Omanyo (Busia) and Yusuf Farah (Wajir West).
They differed with their colleagues Naomi Waqo (Marsabit), Rachael Nyamai (Kitui South), Samuel Chepkonga (Ainabkoi), George Murugara (Tharaka), Kassim Tandaza (Matuga), Jane Maina (Kirinyaga) and Malulu Injendi (Malava) who voted to save the minister.
The minority side accused CS Linturi of failing to put in place the Fertiliser and Animal Foodstuffs Board of Kenya.
The board, which is provided for under Section 2A of the Fertiliser and Animal Foodstuffs Act Cap 345, is charged with the sole mandate of procurement, importation and efficient and timely distribution of subsidised fertiliser and animal foodstuffs.
“It is clear from the above provision that procurement and distribution of subsidised fertiliser falls squarely within the ambit of the board and no other entity,” the minority report reads.
“The CS acknowledged that he had not established the board and that it was work in progress.”
The quartet also accused Linturi of disbursing taxpayers’ money to the National Cereals and Produce Board to procure and distribute fertiliser under the subsidy programme knowing very well that is not the mandate of the Board.
“This is clearly an instance of misappropriation of taxpayers’ money since NCPB lacks such mandate,” the report reads.
“The CS breached the law by not only failing to establish and operationalise the right entity, that is, the Fertiliser and Animal Foodstuffs Board, but [also] channeled funds meant for the board to a wrong entity, the NCPB.”
The minority also charged that Linturi is guilty of providing misleading information to a committee of Parliament.
This, they noted, amounted to gross violation of the law.
In justifying the claim, the four legislators from the opposition cited Linturi’s submission before the National Assembly’s Agriculture Committee that what was being distributed was not fertiliser but a soil conditioner.
The submission – according to the report – violated public trust bestowed upon him by the people, contrary to the requirements of Leadership and Integrity Act.
The minority side also faulted a decision not to allow for the summoning of Agriculture Principal Secretary Paul Rono and KEL Chemicals Chief Executive officer Devesh Patel to shed more light on the matter.
The move, that was subjected to a vote, they said amounted to obstruction of justice.
The sponsor of the motion, Bumula MP Jack Wamboka, had billed the two witnesses as having incriminating evidence that would buttress his allegations.
“The minority view is that unless the two witnesses are summoned as requested, the committee is unable to determine whether or not there is gross misconduct. Failure to summon the witness is tantamount to obstruction of justice. The committee is unable to return a verdict on whether the allegation is unsubstantiated,” the report says.
“The minority therefore finds that by restricting itself to the material before it in an adversarial way, the committee through the majority abdicated their duty and failed to exercise a power donated to it by the Constitution.”