Politics and policy

MPs inch closer to kicking out Charity Ngilu

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Cabinet Secretary Charity Ngilu when she appeared before the parliamentary lands committee on September 3, 2013. Photo/FILE

Cabinet Secretary Charity Ngilu when she appeared before the parliamentary lands committee on September 3, 2013. Photo/FILE 

By EDWIN MUTAI

Posted  Wednesday, November 6  2013 at  21:01

In Summary

  • Ms Ngilu faces a censure motion after the motion was adopted and she could be removed from office on grounds of violation of the Constitution and gross misconduct should an MP invoke Article 152 of the Supreme Law.
  • MPs supported an amendment by Ugunja MP James Wandai to force Ms Ngilu “to take responsibility for the unconstitutional, illegal and irregular procedural acts of creating offices and making arbitrary appointments, promotions and transfers of staff in the ministry”.
  • The debate on the report was characterised by allegations of bribery and division on whether or not the House should adopt it.

Lands Cabinet Secretary Charity Ngilu inched closer to losing her job after MPs across the political divide almost unanimously voted to hold her “personally responsible” for flouting the Constitution in appointing Peter Kahuho as director-general of Lands.

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Ms Ngilu faces a censure motion after the motion was adopted and she could be removed from office on grounds of violation of the Constitution and gross misconduct should an MP invoke Article 152 of the Supreme Law.

The politician is, however, not new to controversy having survived a storm at the former Ministry of Water over procurement that landed a number of people in court.

MPs supported an amendment by Ugunja MP James Wandai to force Ms Ngilu “to take responsibility for the unconstitutional, illegal and irregular procedural acts of creating offices and making arbitrary appointments, promotions and transfers of staff in the ministry”.

“Further, the Cabinet secretary should be held to account for any undesired consequences such as, but not limited to, financial loss that may arise from the aforementioned acts of commission on her part,” read part of the amendment that Mr Wandai proposed.

The joint committee on Lands and Delegated Legislation investigated the appointment of Mr Kahuho as the director of Lands in charge of signing title deeds replacing former commissioner of Lands Zablon Mabea.

“The CS in doing all these violated the oath of office that she took by contravening Articles 152, 153 and the schedule of the Constitution.

‘‘She should be held to account for any financial loss that may arise from her actions,” Mr Wandai, who was support by Ms Ngilu’s Jubilee Leader of Majority Adan Duale said.

Revoked

In its recommendations, the committee demanded all officers who had been irregularly or un-procedurally removed from office be reinstated and the purported transfers be revoked with immediate effect.

The committee said all irregular promotions or appointments in acting capacity must be reversed and due process, as laid out by the Public Service Commission, followed in appointments, promotions, transfers and establishment of offices at the ministry. Ms Ngilu failed to involve the Public Service Commission contrary to Article 234 of the Constitution.

Legislators warned the confusion created in the signing of titles could result in devastating economic consequences given that lending institutions would shy away from accepting the documents as collateral.

The debate on the report was characterised by allegations of bribery and division on whether or not the House should adopt it.

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