Kenya: CS Linturi Survives Impeachment Amid Bribery Allegations

Source: allAfrica

Nairobi -- Embattled Agriculture Cabinet Secretary has won the fight against his impeachment by Bumula MP Jack Wamboka amidst intrigues surrounding allegations of bribery and obstruction of evidence.

Seven members of the select committee chaired by Marsabit Woman Representative Naomi Waqo found that the allegations leveled against him by Bumula MP Jack Wamboka were not substantiated.

Four members of the committee who hail from Azimio La Umoja Coalition who including Robert Mbui (Kathiani), T.J.Kajwang (Ruaraka),Catherine Omanyo (Busia) and Yussuf Farah () however issued a dissenting report averring that the grounds were substantiated.

"The allegation under ground one on gross violation of the Constitution or any other law. Ground two on serious reasons for believing that the CS has committed a crime under a national law and ground three on the gross misconduct as outlined in the special motion are unsubstantiated," said Waqo.

Under article 152 of the Constitution, , sub-article 9 (a), 'if the committee finds that the allegations are unsubstantiated, not further proceedings shall be taken' which meant the motion had flopped.

Debate flopped

Attempts by the minority side to subject the report to a debate hit a snag after Speaker Wetangula limited opinion by members saying the thwarting of the impeachment motion by the committee was the last nail on the coffin.

Minority Leader Opiyo Wandayi insisted on the need to revist the law on the impeachment of Cabinet Secretaries wondering how the decision of the majority to impeach the cabinet secretary was muzzled by seven members in the committee.

"It is the first time we are dealing with such a situation. Therefore I want to plead with you that you give us more time Mr. Speaker. I don't think it was the intention of the framers of our Constitution 2010, that a decision of this house would be countermanded by a group of 10 people," he said.

Majority Leader Kimani Ichungwah sustained his attacks on the impeachment motion saying it was bound to dead on arrival for failing to meet the necessary threshold warranting the removal of a cabinet secretary from office.

"This is a lesson to learn for us as a house. If we propose motions to impeach Cabinet Secretaries for the sake of it, we will make this house extremely impotent. We will become impotent. Because we are acting at the whim of the moment, we are not patient to get substantive issues,"he said.

Vice Chair of the Select Committee Robert Mbui pointed out to obstruction of evidence by the committee voting against the request by the motion mover to summon Agriculture Principal Secretary Kipronoh Ronoh and Chief Operating Officer Devesh Patel.

"We stood with the Kenyan farmers and said enough is enough, and the CS must go. The reality is this, when we went into that committee, the committee instead of carrying out investigations as was told by this House, the committee went and turned itself into a Supreme Court of the Parliament of Kenya," Mbui said.

Bribery allegations

On a point of order, Ruaraka MP T.J.Kajwang alleged that the select committee members were bribed to save CS Linturi casting aspersion on the impartiality of the report.

"I have spoken and interacted with some of the members of the select committee and a disclosure has been made to me, that questions and alleges impropriety and misconduct by some members of the committee,"

"In that event, it is necessary, legally and by our procedures, that such an issue is referred to the Powers and Privileges Committee first because in the event that there is any truth in it, then it vitiates the entire report," Kajwang said.

This is following revelations by Busia Woman Representative Catherine Omanyo who was part of the select committee that they were offered monies to defeat the impeachment motion.

"The opportunity for the select committee was there to represent those who had no voice. Farmers are still in the den of iniquity...We were offered monies upto to 11pm yesterday because they knew we had not voted,"Omanyo remarked.

MP Wamboka who sponsored the motion claimed the majority of the individuals who formed the select committee had taken a hard stance to save CS Linturi that showed impropriety.

"We won and you have heard allegations of bribery but MPs like Omanyo declined. Those who took bribes and betrayed Kenyans, we have left them to Kenyans and its sad because some come from farming regions," he said.

He reiterated that he will push the international community to declare CS Linturi Persona non grata after the impeachment motion flopped.

"We will be asking our ambassadors not deal with CS Linturi to deny him Visas for his impropriety....the are many ways of killing a rat and we will pursue them," Wamboka stated.