Intrigue as Kitui MCAs allege plot to block removal of Speaker Katisya
The pitched battle to remove under-fire Kitui County Assembly Speaker Kelvin Kinengo Katisya from office has taken a new twist, with ward reps alleging a plot by Assembly Clerk Elijah Mutambuki to scuttle the plans midstream.
This follows a directive by the clerk for MCAs to have their signatures verified before the ouster motion can be approved.
Mr Mutambuki last week wrote to the 25 ward reps who have endorsed the impeachment of Mr Katisya to confirm in writing that the signatures attached to the impeachment motion indeed belonged to them.
The April 7 letter cited Section 11 of the County Government Act, which requires impeachment motions to be signed by at least one-third of MCAs. The Kitui County Assembly has 60 elected and nominated members.
Kivou MCA Sammy Munyithya, who has sponsored the motion, yesterday questioned the legal basis of the clerk’s directive, terming it a scheme by the Speaker to scuttle the process by intimidating members.
Mr Munyithya pointed out that no MCA has complained that his or her signature has been forged, adding that, in parliamentary practice, once signatures are tendered in special motions, they cannot be withdrawn.
“I’m the mover of the impeachment motion and I can confirm all the 25 members willingly signed without any form of coercion,’’ Mr Munyithya told the clerk in his written response.
He urged Mr Mutambuki to follow the Constitution, saying, the ouster motion shall be legally deemed approved after seven days from the day it was presented to the clerk’s office and that MCAs will be ready to debate it.
In case six MCAs disown the signatures appended, the impeachment motion will collapse on a legal technicality by failing to get support from a third of the members of the House.
And backing Mr Munyithya’s assertions, nominated MCA Mary Mbithe in a sworn affidavit said she personally collected the signatures and each member provided their ID card and telephone numbers in their own handwriting.
Charges
Mr Kinengo is facing impeachment over alleged gross violation of the Constitution and incompetence, barely six months after his election. MCAs, 17 of them from the majority Wiper Democratic Movement party, want the Speaker removed citing 16 grounds among them high-handedness, corruption and abuse of office.
According to a copy of the impeachment motion seen by Nation, the MCAs claim the Speaker has caused the assembly great embarrassment and brought disrepute to the office.
They have cited several incidents where the Speaker has violated Article 73 of the Constitution, which requires objectivity and impartiality in decision-making and ensuring that decisions are not influenced by nepotism, favouritism, improper motives or corruption.
Last year, Mr Kinengo, 31, who for many years volunteered as Wiper party leader Kalonzo Musyoka’s right-hand man, was elected overwhelmingly as the Speaker, beating Moi-era Cabinet minister George Ndotto.
The youngest among nine candidates, his election was seen as a coup against the status quo, after he emerged the winner in the second round of voting.
Mr Ndotto, a veteran politician 50 years Mr Kinengo’s senior, had served as Speaker since the advent of devolution in 2013. BY DAILY NATION
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