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Home»Briefing»Select committee begins CS Linturi impeachment process
Briefing

Select committee begins CS Linturi impeachment process

The process of impeaching Agriculture cabinet secretary Mithika Linturi started in earnest on Monday after the 11-member committee appointed to investigate allegations against the CS formally began its sitting.
Silas ApolloBy Silas ApolloMay 6, 2024Updated:May 9, 2024No Comments3 Mins Read
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CS Mithika Linturi
Agriculture and Livestock Development Cabinet Secretary Mithika Linturi. (Photo: Courtesy)
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The 11-member committee appointed to investigate allegations against the Agriculture Cabinet Secretary (CS) Mithika Linturi on Monday, May 6, formally sets the state for an impeachment process that could remove the CS from office.

In its first meeting held after Linturi was impeached through a vote on the floor of the House, the team nominated Marsabit Member of Parliament (MP) Naomi Waqo as its chairperson, who is to be deputized by the deputy leader of minority, Robert Mbui.

The Nairobi Law Monthly September Edition

According to the House Standing Orders, the Select Committee is expected to submit its report to the House in 10 days, on or before Monday, May 13, 2024.

Standing Order 66 (6) provides that the Cabinet Secretary has the right to appear and be represented before the Select Committee during its investigations.

Should the committee find the allegations unsubstantiated, no further proceedings shall be undertaken. However, should the allegations be substantiated, the CS will be expected to appear before the Assembly where he will be afforded the opportunity to be heard.

The House will thereafter consider the Report of the Select Committee and vote whether to approve the resolution requiring the Cabinet Secretary to be dismissed.

If a resolution requiring the President to dismiss a Cabinet Secretary is supported by a majority of Members, the Speaker is expected to promptly deliver the resolution to the President. A total of 176 Members have to approve the resolution for it to be carried.

The development follows last week’s impeachment of Linturi by members of Parliament through a special motion moved by Bumula MP Jack Wamboka.

In his motion, Wamboka cited allegations of gross misconduct, violation of the Constitution and other reasons to believe that the CS had committed a crime under national laws, warranting his removal from office.

The debate on the special motion whose notice was issued on Tuesday, April 30, 2024, culminated into a vote which saw 149 MPs vote in favour and 36 against. Three MPs abstained from the vote. The vote later paved the way for the formation of the select committee.

  • Wetang’ula calls special sitting to consider Linturi impeachment

The committee consists of six members from the majority coalition, four members from the minority coalition and one member from Jubilee Party which was recently declared a Parliamentary Party in the House.

The Members are Majority Party Chief Whip Waomi Waqo, Deputy Leader of the Minority Party, Robert Mbui, MPs Rachael Nyamai (Kitui South), Samuel Chepkonga (Aionabkoi), Gitonga Murugara (Tharaka) and Tom Kajwang’ of Ruaraka.

Others are Malulu Injendi (Malava), NJeri Maina (Kirinyaga), Kassim Tandaza(Matuga), Catherine Omanyo (Busia) and Yusuf Farah of Wajir West.

Speaker of the National Assembly Moses Wetang’ula directed the committee to report to the House within 10 days.

“The Select Committee shall within 10 days report to the National Assembly whether it finds allegations against the Cabinet Secretary to be substantiated,” said Wetangula.

The Nairobi Law Monthly September Edition

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Agriculture Cabinet Secretary CS Mithika Linturi House Standing orders
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