Blow to Linturi as MPs Approve Impeachment Motion; Here’s What Next

Members of Parliament have voted to support an impeachment motion against Agriculture Cabinet Secretary Mithika Linturi filed by Bumula legislator Jack Wamboka.

Subsequently, Speaker Wetangula has ordered the formation of an eleven-member committee to investigate the grounds outlined in the impeachment motion.

After a voting session, 149 members voted in support of Linturi’s impeachment while 36 voted to reject the motion.

Speaker Wetangula asked parties to provide names of the nominees by close of business Thursday. The committee will comprise six members from the majority side, four from the minority party and one from the Jubilee Party.

“In this regard, I thereby direct that the Parliamentary parties expeditiously nominate members to serve in the select committee and submit the names to the office of the Speaker,” stated Speaker Wetangula.

A heated debate ensued during the plenary session chaired by Speaker Moses Wetangula as members of both sides of the political divide took different stands on the proposed impeachment.

Shortly after Wamboka moved the motion, Leader of Majority Kimani Ichung’wah opposed it and dismissed the grounds listed terming them inadequate. 

On his part, Minority Leader Opiyo Wandayi expressed his support of the motion stating that he was convinced that Linturi had fallen short in his mandate of upholding the provisions of the constitution as a public officer.

In his submissions, Wandayi said that Linturi’s conduct as the leader in the Agriculture docket has gone against the national values and principles of governance therefore warranting action.

“I rise to support this motion,” he started.

“Let me say this, that listening keenly to the submission of Hon. Wamboka, and having scrutinized into details the documents presented, I am more than convinced that CS Mithika Linturi has fallen short of the requirements of the Constitution as a holder a public office.”

“A motion of impeachment such as this one is indeed a tool of the last resort all over the world. In mature democracies, Parliament such as this one resort to impeachment processes as an action of last resort.”

The move to impeach Linturi started on Friday, April 26, when Wamboka filed a notice of motion to impeach Linturi.

At the time, the Bumula legislator secured the backing of 110 members to meet the threshold of at least a quarter of all Members of the National Assembly required to initiate such a drive.

In his notice, Wamboka accused the CS of gross violation of the Constitution by not undertaking public participation with leaders, stakeholders, or even departments within the Ministry in the implementation of far-reaching policy decisions on the procurement and distribution of fertilizer.

In addition, the Bumula MP accused  Linturi of approving procurement and distribution of fake fertilizer by the National Cereals and Produce Board, which, according to him, discloses a gross violation of national values and principles of good governance.

Wamboka also noted that he had serious reasons for believing that the Cabinet Secretary has committed a crime under national law, citing provisions under sections 100 and 101 of the Penal Code, Cap. 63.

According to him, Linturi is culpable for abuse of office and making false claims as a person employed in the public service due to the procedure he followed in ordering the closure of KELS Chemicals.

Subsequently, Speaker Moses Wetangula approved the motion on Tuesday, April 30, to pave the way for members to debate the fate of the CS who has been at the center of the fake fertilizer scandal that has rocked his Ministry.

Also Read: Linturi Ranked Among Best Performing CSs

In light of an upcoming recess, Wetangula scheduled the debate for Thursday, May 2, morning when members from across the aisle shared their views on the impeachment motion.

Procedure of Impeaching a CS

To succeed in the attempt to impeach a CS, the mover of a motion requires the backing of more than one-third of the members of the National Assembly in the debate.

If approved in a plenary session, the National Assembly proceeds to appoint a select committee comprising eleven of its members to investigate the matter.

Subsequently, the select committee reports to the National Assembly within 10 days on whether after investigations and hearing it finds the allegations against the CS substantive.

Also Read: Linturi Snubs MPs as Pressure Mounts for Him to Resign

The National Assembly Committee will give the Cabinet Secretary an opportunity to be heard and vote on whether to approve the resolution requiring the Cabinet Secretary to be dismissed.

To sail through, an impeachment motion at this level must be supported by a majority of the members of the National Assembly.

If supported by the majority members, the Speaker then writes a resolution to the President asking him to dismiss the CS.

“If a motion under clause is supported by at least one third of the MPs, the assembly shall appoint a select committee comprising 11 of its members to investigate and the select committee shall within 10 days reports to the assembly whether it finds the allegations against the CS to be substantiated,” the Speaker quoted the constitution.

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