By MOSES NJAGIH and WILFRED AYAGA
NAIROBI, KENYA: Devolution Cabinet Secretary Ann Waiguru risks a sack after a section of legislators activated a constitutional clause for her removal from office over ‘gross misconduct’ and ‘gross violation of the Constitution’.
Igembe South MP Mithika Linturi on Tuesday started the process of removing Waiguru from office filing a motion to that effect and concurrently collecting signatures for the petition to be presented to the House.
By Tuesday evening Linturi’s petition had been supported by 103 MPs, exceeding the constitutionally threshold of one quarter of all National Assembly members, required for the petition to be admitted by the Speaker.
Surprisingly, majority of the MPs who had signed to support the move – a list which was seen by The Standard – were from President Uhuru Kenyatta’s TNA party, who are disgruntled by the manner in which Waiguru is undertaking duties in her office.
According to the motion, Linturi accuses the Cabinet Secretary of “abusing, intimidating and threatening” public servants under her jurisdiction, citing the removal from office of former National Youth Service Director General Kiplimo Rugut and former Youth Enterprise Fund Chairman Gor Semelang’o.
Linturi says that Waiguru has failed to respect, uphold, defend and obey Articles three, 152 and the Third Schedule of the Constitution, which anchors strong grounds for the dismissal of the Cabinet Secretary.
The MP also accuses Waiguru of violating Articles 47, 50, 232 and 236 of the constitution.
“This Cabinet Secretary has failed to respect, uphold, defend and obey the Third schedule of the constitution regarding fairness in administrative actions and fair hearing in the removal of public officers from their offices.”
“Aware that she appears to have misused her office and violated the law by abusing, intimidating and threatening public servants under her jurisdiction, This House resolves that pursuant to Article 152(6) of the Constitution, the president dismisses Anne Waiguru form the position of Cabinet Secretary for Devolution and Planning for gross misconduct and gross violation of the constitution,” the notice of motion reads.
Linturi yesterday spoke in support of the move to remove Waiguru, whose actions, especially against Rugut has threated to soar relations between TNA and their URP counterpart in Jubilee, exuding confidence that they will succeed in having her sacked.
