Amos Kimunya could be charged for failing to obey committee investigating railway tender

Former transport cabinet minister Amos Kimunya. [PHOTO: STANDARD/FILE]

By GEOFFREY MOSOKU

NAIROBI, KENYA: Members of Parliament will push for criminal charges against former cabinet minister Amos Kimunya if he fails to appear before the Public Investments Committee (PIC) for a third time.

Kimunya failed to appear before the Adan Keynan led committee investigating the controversial standard gauge railway tender Tuesdy irking the MPs who have now given him a final warning to appear or face the law.

Chairman Keynan ordered National Assembly Clerk Justin Bundi to put an advert on Wednesday newspapers calling on the former Kipipiri MP to comply with the summon he issued last week, after he wrote to the committee declaring to appear on grounds that he is not a state officer and thus will not be helpful to the committee.

“Mr Kimunya must attend and there is no excuse to that. I am ordering the clerk to send another summon to him through the sergeant at arms, send another copy on the email he used last week and place an advert on the papers communicating the same summons,” Keynan said.

Should he fail to show up, the committee said it will invoke provisions of the constitution and standing orders which provide for criminal charges of defying a lawful summon. MPs insist the committee has powers equivalent that of the high court any person defying it will be prosecuted.

“Our letter to the Director of Public Prosecutions (DPP) will be final. However, given now we have not reached there let’s give Hon Kimunya one more chance and if he doesn’t show up, then this summons will be part of our evidence to the DPP,” he told the committee members who wanted a decision made immediately.

Aldai MP Cornelius Serem demanded the chair announces what action he will take against the ex-minister while Kanduyi’s  Wafula Wamunyinyi said it was unlikely for the ex-Kipipiri MP to obey committee summons due to his record in the tenth parliament having vowed to ‘rather die than resign.’  

Serem also demanded that former prime Minister Raila Odinga appears too before the committee has he had chaired one of the sessions that discussed the tendering process  but Keynan said that decision will be made later at a  closed door meeting of the PIC.

In a letter to senior deputy clerk Michael Sialai, last week, Kimunya said that he had nothing new to inform the committee “because other relevant government officers with access to the information required had appeared before the committee.”

This prompted Keynan to issue a stern warning; “I now direct the secretariat to summon Kimunya on Tuesday next week at 10am failure to which the committee will exercise its authority under the National Assembly Powers and Privileges Act and make proclamation of which the consequences are dire.”

However, by Tuesday, there was no response or confirmation that Kimunya had been either physically or through the email address; informing the committee’s decision not postpone making a decision on the way forward to Thursday.

The committee will continue its deliberations this Wednesday, with the, board of directors, Tender and Technical Evaluation Committees of Kenya Railways expected to appear to shed more light on the multi-billion deal.