Ngilu ruled out of order on new post at Lands ministry
Cabinet Secretary Charity Ngilu (right) answers questions from the Lands committee October 22, 2013. A joint Parliament team says she went against the Constitution in appointments. Photo/FILE
What you need to know:
If the report is adopted MPs are likely to initiate a censure Motion that could lead to her removal from the Cabinet for violation of Article 251 of the Constitution, which governs removal of commissioners, and gross misconduct.
Mrs Ngilu is yet to degazette notice 13766 creating the post of director-general, which the committee wants done.
Lands secretary Charity Ngilu is headed for hard times after a joint House committee termed her appointment of a new head of a department unconstitutional.
If the report is adopted MPs are likely to initiate a censure Motion that could lead to her removal from the Cabinet for violation of Article 251 of the Constitution, which governs removal of commissioners, and gross misconduct.
She has been ordered to scrap the position of director-general at Lands, to which she had illegally appointed Peter Kangethe Kahuho after removing Commissioner of Lands Zablon Mabea.
The joint National Assembly committee said the gazette notice — that she later revoked — appointing Mr Kahuho was not approved by Attorney-General Githu Muigai and was therefore “unconstitutional, null and void.”
Mr Alex Mwiru who chairs the Lands committee said all transfers and promotions made by Mrs Ngilu were irregular and, therefore, a nullity.
Mr Mwiru said the minister abused regulations set by the Public Service Commission which retain the original mandate to effect transfers and promotion of officers above job Group Q.
Speaker Justin Muturi ruled the report containing the recommendations be debated next Tuesday.
MPs John Mbadi (Suba) and David Gitari (Kerugoya) had questioned the appointments.
Mr Mbadi sought to know the legality of title deeds signed by Mr Kahuho or any other officers following the barring of Mr Mabea from signing the documents.
Mr Gitari questioned the legality of the gazette notice appointing Mr Kahuho and sought to know the reasons for the pile up of 1,700 grants and titles which had not been signed.
“The gazette notice should be revoked immediately since it was not cleared by the office of the Attorney General as required by law. The Cabinet Secretary went ahead to revoke the said notice on realisation of its unconstitutionality,” Mr Mwiru, the Tharaka MP said.
The report jointly prepared with the committee on Delegated Legislation chaired by William Cheptumo (Baringo North) concluded that Mrs Ngilu usurped the powers of the PSC and disregarded of the Constitution, the Land and Land Registration Acts.
