Breaking News: At least 10 feared to have drowned in Makueni river
CS Farida Karoney, PS Muraguri in trouble with MPs over summonses
Lands Cabinet Secretary Farida Karoney during an interview in her office in Nairobi on May 26, 2021.
What you need to know:
- The CS and PS were required before the committee to explain why they have not resolved the dispute between Del Monte Limited and the Kandara Residents Association over ownership of a 22,000-acre piece of land.
Lands Cabinet Secretary Farida Karoney and Principal Secretary Nicholas Muraguri risk facing removal from office proceedings for continuously failing to honour summonses to appear before parliamentary committees.
The two were once again a no-show before the Committee on Implementation (CoI) of the National Assembly, where they were to explain failure to implement resolutions of the House as adopted in committee reports.
Last week, CoI chairman Moitalel ole Kenta (Narok North) ordered that the two government officers be summoned to appear before the committee in a week, to explain why they should not be fired.
“They have been taking the work of Parliament for granted. They don’t act on the decisions of the House and when called upon to explain as required, they don’t appear,” Mr Ole Kenta said.
“They should know we represent the people so we must be respected. We will not hesitate to have them removed from office,” the Narok North MP warned.
The two were required before the committee to explain why they have not resolved the dispute between Del Monte Limited and the Kandara Residents Association over ownership of a 22,000-acre piece of land, as recommended in the report of Lands committee as adopted by the House.
The Lands Committee, chaired by Kitui South MP Rachael Nyamai, in its recommendations adopted by the House last year, cautioned the ministry against renewing leases for the land in question, which Del Monte occupies.
As per the Standing Orders of the National Assembly, the CoI has 90 days from the date the House passes resolutions on reports and petitions to follow up on their implementation status and report to the House.
Dr Muraguri sent a letter to the committee explaining that they accompanied President Kenyatta to an official function in Lamu and were therefore unable to appear before the committee.
However, the committee wondered why they had to wait for the material day to file apologies with Mr Ole Kenta warning that the committee will go ahead and report them to the National Assembly Speaker Justin Muturi for contempt of parliament.
Muturi’s riot act
Normally, House committees have seven days to invite any witness to appear before them to adduce evidence as provided for in Article 125 of the Constitution.
On the basis of the Article, House Speaker Justin Muturi has previously directed all committee chairpersons to take note of CSs, PSs and other individuals who fail to honour summonses and report to him so that necessary action, including removal from office proceedings, can be taken against them.
The riot act by Speaker Muturi followed complaints by committee chairpersons about difficulties concluding petitions or having members’ questions responded to because CSs or PSs are not available.
Mr Muturi directed the committees to avoid “pampering” the rogue CSs and other state officers but notify his office through reports of the truant witnesses so that he can take action as required by law.
“We are going to take action. Do not pamper anybody. We need to see committee chairmen begin to flex muscles, but within the law,” he said, adding that nobody is above the law and has an obligation to the House and Kenyans.s
“You (committee chairpersons) should be the ones deciding when CSs should come and ensure that they give answers on issues raised. It should not be the other way round,” the Speaker affirmed.
Renewal of leases
Mr Duncan Okach, the lawyer representing the Kandara Residents Association, had asked the committee to intervene as the ministry was planning to renew the leases in favour of Del Monte.
“We have heard that the ministry has asked for documentation from the National Land Commission (NLC) to start the process of renewing the leases,” Mr Okach told the committee.
He warned that if allowed to proceed, this would only escalate the dispute between the two groups.
NLC chairman Gerishom Otachi, who appeared before the committee, said that he had finalised his report on the matters in question but could not proceed without the presence of the ministry since they are intertwined.
“We are ready to proceed but since the matters before you must be implemented by the ministry, it’s in order to allow them to be present,” said Mr Otachi.
