By Peter Ochieng
National Assembly Speaker Moses Masika Wetang’ula has set the date to determine the fate of Cabinet Secretary (CS) for agriculture Franklin Mithika Linturi.
Last week, Members of Parliament overwhelmingly voted in favour of an impeachment motion against the embattled CS. The motion was tabled by Bumula legislature Jack Wanami Wamboka, over the fake fertilizer scandal.
MPs then formed an 11-member Select Committee to probe allegations against the former Meru Senator.
Speaker Moses Wetang’ula has now convened a special sitting on Monday next week, during which the Select Committee will present its report to Parliament.
Wetang’ula in a notice on Monday May 6, said that the sitting will take place on Monday May 13 from 2.30PM.
“Now therefore, it is notified to all Members of the National Assembly and the general public that pursuant to the provisions of Article 152(7)(b) of the Constitution and Standing Orders 64(3) and 66, I have appointed Monday, 13th May 2024 at 2:30 p.m. as the day and time for a Special Sitting of the House to receive the report of the said Select Committee,” he said.
Linturi is now staring at becoming the first minister to be impeached, under President William Ruto’s Kenya Kwanza administration.
A total of 149 members voted in favour of the motion, while only 36 voted against. Three members abstained from the vote.
The constitution states that the Office of a Cabinet Secretary becomes vacant if he/she resigns by delivering a written statement of resignation to the President; is dismissed by the President; or is dismissed by the President following a resolution passed by the National Assembly, through impeachment, requiring the President to dismiss a Cabinet Secretary.
Article 152 (6) of the Constitution says that a member of the National Assembly, supported by at least one-quarter of all the members of the Assembly, may propose a motion requiring the President to dismiss a Cabinet Secretary.
The grounds for the removal of a Cabinet Secretary are; gross violation of a provision of the Constitution or any other law; where there are serious reasons for believing that the Cabinet Secretary has committed a crime under national or international law; or for gross misconduct.
If at least one-third of the members of the National Assembly support a motion to remove a Cabinet Secretary, the Assembly shall appoint a select committee comprising eleven of its members to investigate the matter; and the select committee shall, within ten days, report to the Assembly whether it finds the allegations against the Cabinet Secretary to be substantiated.
The Cabinet Secretary has the right to appear and be represented before the select committee during its investigations.
If the select committee reports that it finds the allegations unsubstantiated, no further proceedings shall occur; or if substantiated, the National Assembly shall afford the Cabinet Secretary an opportunity to be heard; and vote on whether to approve the resolution requiring the dismissal of a Cabinet Secretary.
If a majority of the members of the National Assembly support a resolution requiring the President to dismiss a Cabinet Secretary, the Speaker of the National Assembly shall promptly deliver the resolution to the President; and the President shall dismiss the Cabinet Secretary
