Why Muturi's DP deal with Ruto could jolt impeachment plans

Public Service Cabinet Secretary Justin Muturi’s coalition with Kenya Kwanza could complicate a push by some MPs to impeach him.

The CS is under pressure to resign after his unprecedented step to take on the government over the alleged abduction of his son.

Muturi is a seasoned politician who has served as a magistrate in the past before plunging into politics and rising to become National Assembly Speaker for 10 years.

It has also emerged that Muturi’s coalition agreement with the Kenya Kwanza government through the Democratic Party (DP) poses a challenge to the plot to kick him out.

While the agreement does not insulate him from a parliamentary action to remove him from office, the document is a binding and legal pact that can be used in court to challenge an ouster plan.

Already MPs from Mount Kenya allied to Ruto have kept off their constituencies fearing backlash after participating in the impeachment of former Deputy President Rigathi Gachagua.

With Muturi coming from Mount Kenya East, where Deputy President Kithure Kindiki also comes from,  his removal from office would further poison the ground.

Unlike former Deputy President Rigathi Gachagua who joined Kenya Kwanza without his political party, some of the Cabinet Secretaries and senior officials in government had their parties.

They include Muturi, Labour and Social Protection CS Alfred Mutua of Maendeleo Chap Chap, National Assembly Speaker Moses Wetang’ula(Ford Kenya) and Senate Speaker Amason Kingi(PAA).

Prime Cabinet Secretary Musalia Mudavadi also joined Kenya Kwanza through the ANC party. New entrants into Cabinet William Kabogo had his Tujibebe Wakenya Party.

Political analyst Alexander Nyamboga said kicking out Muturi may not be a walk in the park given his coalition agreement with Kenya Kwanza.

“First the coalition agreement which has an exit clause must be followed to the latter because it anchors Muturi’s being in government,’’ Nyamboga said.

The analyst said, that if the exit clause becomes complicated, then Muturi could be compelled to resign and propose another DP member to take up a Cabinet post.

In May 2022, Muturi’s agreement with Kenya Kwanza Alliance was declared null and void in a ruling Political Parties Disputes Tribunal.

The tribunal also rendered a similar ruling on his position as the DP party leader.

Muturi had signed a coalition agreement with President William Ruto's UDA, ANC and Ford Kenya parties.

The three parties are founding members of the Kenya Kwanza coalition.

The deal meant that the DP party had become one of the constituent members of the Kenya Kwanza coalition.

"...The purported coalition agreement entered into with the third interested party by the first respondent on behalf of the Democratic Party of Kenya was done without the authority of the Democratic Party of Kenya and is null and void".

However, in July 2022, the High Court reversed the ruling by the Tribunal, saving Muturi’s marriage with Kenya Kwanza ahead of the August general election.

The Court ruled that the Tribunal had no powers to hear and determine the complaint filed by aggrieved party members because it had been filed late and outside the statutory timelines.

Muturi is now under pressure to resign days after he publicly took on the government.

The mounting pressure forced Muturi on Tuesday to dare MPs to bring an impeachment motion against him following his criticism of the government.

“I will just say bring it on, at my age, I am not the kind of person to respond to some perfunctory statements made by fairly inexperienced politicians,” said Muturi.

The CS spoke when he presented himself to the DCI Kilimani where he recorded a statement about the alleged abduction of his son last year, putting security apparatus on the spot.

National Assembly Majority Whip and South Mugirango MP Sylvanus Osoro lifted the lid on the plans to remove Muturi from office should he fail to resign.

Osoro also issued an ultimatum to Muturi demanding an apology accusing Muturi of disrespecting the Kenya Kwanza government by publicly airing grievances instead of addressing them internally.

“Resign, issue a public apology, or face impeachment when Parliament resumes,’’ Osoro told Muturi during a function in his constituency.

Osoro’s sentiments echoed that of Aldai MP Marianne Kitany who questioned Muturi's fitness to serve and threatened a parliamentary motion to censure.

“If you cannot respect the government you are serving, my job as an MP is oversight and I’m telling you to resign and if you don’t I will table a censure motion against you.”

During a press conference at Serena Hotel, on Sunday, Muturi said his family underwent suffering and turmoil after his son was abducted and disappeared with no information from the police.

This, he said, despite making several requests and demands to all levels of the security apparatus to help trace him.

“I was not sure whether he was alive or dead, making us anxious and leaving me, my wife and my family in turmoil,” he said.