The National Assemblys 11-member select committee to consider the charges against embattled Agriculture Cabinet Secretary (CS) Mithika Linturi over the fake fertiliser saga will begin its work next Tuesday.
The team was constituted after majority of members on Thursday voted in favour of a vote of no-confidence against the CS by way of impeachment through a motion sponsored by Bumula MP Jack Wamboka.
The committee which has 10 days to bring a report to the House on whether the charges have been substantiated or not, held its first housekeeping meeting Thursday evening as directed by National Assembly Speaker Moses Wetangula and elected Marsabit Woman Rep Naomi Waqo as their chairperson with Kathiani MP Robert Mbui as the vice chair.
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The Constitution and the subsidiary law, including the Standing Orders, provides that if the committee finds the allegations unsubstantiated, no further proceedings shall be taken on the motion.
However, if the allegations are substantiated by the committee, Mr Linturi will be given an opportunity to defend himself against the charges and the House will vote to either approve or reject the resolution.
If the House votes to approve the resolution of the committee, the Speaker shall deliver the resolution of the House to the President who shall dismiss the CS.
The committee comprises six members from the Kenya Kwanza, four from Azimio coalition and one member from the Jubilee party.
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They are Naomi Jillo Waqo (Marsabit), Robert Mbui (Kathiani), Rachael Nyamai (Kitui West), Samuel Chepkonga (Ainabkoi), George Murugara (Tharaka), TJ Kajwang (Ruaraka), Malulu Injendi (Malava) and Kassim Tandaza (Matuga). Others are Catherine Omanyo (Busia), Jane Maina (Kirinyaga) and Yusuf Farah (Wajir West).
Speaker Wetangula in his communication to the committee advised: Members who have been put on this committee, you move to the committee with no blinkers.
The Speaker instructed that during the teams probe, the CS should be heard either in person, through a representative or both.
He also instructed clerk Samuel Njoroge to formulate draft rules on the conduct of the committees investigations in accord with the exiting constitutional and statutory provisions.
The committee must always remain decorous and civil towards the parties that appear before it, urged the Speaker, adding that the committee should conclude its probe by May 13, when he will summon a Special Sitting for the tabling of the report.
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Nominated MP John Mbadi said: This is a quasi-judicial committee. It needed people with vast parliamentary experience, legal background and not people that have not taken strong positions. Im a bit disappointed by the leadership on this.
Rarieda MP Otiende Amollo also raised questions over the membership saying those appointed had already taken a strong position hence it is questionable whether they will independently consider the matter.
Since this was a private sponsored motion, the owner of the motion should have been given the discretion to propose members to the select committee, giving that task to majority and minority leaders is a tragedy, Dr Amollo said.
As the committee starts its probe, it will have to grapple with salient questions that were raised on the floor of the House such as whether it should allow the Directorate of Criminal Investigations (DCI) and the committee of agriculture- which are already investigating the matter, to conclude the process and table a formal report that the House can use to take a decision against the CS.
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The sub-judice question was also raised during the debate as some MPs from the government said Parliament should wait for the court to conclude the matter.
Majority Leader Kimani Ichungwah had also argued that the State Corporation Act bars CSs from interfering with Semi-Autonomous Government Agencies hence Mr Linturi cannot be held accountable for something that happened at National Cereal Produce Board (NCPB) in selling fake fertiliser to farmers.
The committee should exercise impartiality in its executive mandate. Integrity and credibility should guide their report, Mr Ichungwah said.
He told the committee members not to be influenced by the voting pattern of the House to make their decision.
You now sit as a committee of the House irrespective of how you voted for the motion, Mr Ichungwah said.
Mr Wandayi told the Nation that the vote a
