Ethics and Anti-Corruption Commission chairman Mumo Matemu (right) and his deputy, Irene Keino. PHOTOS| FILE
What you need to know:
The Justice and Legal Affairs committee has recommended that there are sufficient grounds for the removal of the two commissioners from office on grounds of “gross violation of the Constitution and abuse of office.”
A parliamentary committee has recommended the removal of Mumo Matemu and his deputy Irene Keino from office, putting high profile cases that the Ethics and Anti-Corruption Commission has been handling in jeopardy.
The Justice and Legal Affairs committee which evaluated a petition by lawyer George Oriaro has recommended that there are sufficient grounds for the removal of the two commissioners from office on grounds of “gross violation of the Constitution and abuse of office.”
Committee vice-chairperson Priscilla Nyokabi last evening tabled the report in the National Assembly and gave a notice of motion seeking its adoption.
“I wish to give a notice of motion that the House adopts a report of the Justice and Legal Affairs committee on the petition for the removal of Mumo Matemu and Irene Keino from the Ethics and Anti-Corruption Commission,’’ Ms Nyokabi said.
“Pursuant to Article 251(3) as read together with Standing Order 235, the committee finds the Petition as disclosing sufficient grounds for the removal of the two commissions.”
The Constitution now requires the National Assembly to consider the petition and if it is satisfied that it discloses a ground under clause 1 of Article 251 shall send the petition to the President.
The President on receiving the petition may suspend the commissioners pending the outcome of the complaint and appoint a tribunal to investigate the alleged breaches.
The four member tribunal headed by a person who holds or has held a position of a judge will investigate the matter expeditiously, report on facts and make binding recommendation to the President who shall act in accordance with the recommendations within 30 days.
“A person suspended under this Article is entitled to continue to receive one-half of the remuneration and benefits of the office while suspended,” the Constitution states.
MPs last week granted the Justice committee 10-more days to complete and table its report despite a section of the committee accusing their colleagues of yielding to external pressure to remove the commissioners.
The extension of the deadline for tabling the report that expired last Tuesday after the committee failed to agree on whether or not to dismiss the commissioners.
The committee is said to have three versions of the report which are likely to find its way to the floor of the House.
An earlier report which MPs failed to adopt recommended that the petition be dismissed for failing to disclose sufficient grounds for the removal of Matemu and Keino.
A second report is said to have negated the earlier report and the committee met yesterday to write fresh recommendations and which were carried by a majority of members.
There have been reports that Jubilee coalition members in the committee were under instructions to ensure that the report recommends the removal of the two commissioners.
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