Confusion mars Naivasha cargo order

A cloud of confusion hangs over State’s directive that truck drivers pick up transit cargo from the Naivasha inland container depot (ICD) even after the court put its implementation on hold.

More than 50 MPs Thursday disowned a bid to impeach Transport Secretary James Macharia over the ICD order, claiming he had backed down and directed the Kenya Ports Authority and Kenya Revenue Authority to revoke the notice.

“About 30 MPs who are members of the Coast Parliamentary Group met with Mr Macharia yesterday (Wednesday) and agreed that the order to transport cargo to Naivasha through SGR be revoked. Lorries are ferrying cargo from the port to Malaba,” said the Coast lawmakers led by Mishi Mboko.

Last month, Mr Macharia announced that all cargo destined for Uganda, Rwanda and South Sudan will be transported through the SGR for clearance at the ICD starting June 1.

On Wednesday, Justice Pauline Nyamweya ordered the State not to effect the order on ICD use pending determination of a case filed by activist Okiya Omtatah.

“I have not reversed the order on Naivasha ICD but I hear the court may have done so,” he told the Business Daily yesterday, adding he was yet to see the court orders.

Mr Macharia appeared before the National Assembly’s transport committee on Tuesday where he maintained that the directive on transit cargo would remain in force.

“Since movement of persons is the main transmitter of Covid-19 pandemic, SGR can therefore play a major role by shortening distance for trucks and reducing human interaction on this busy transport corridor,” he said

Nyali MP Mohammed Ali had earlier filed an impeachment motion to remove Mr Macharia from office on grounds that the order to use the SGR to transport cargo to Naivasha violated Article 10(1) (c) of the Constitution that requires public participation.

He said 90 MPs had signed the notice dated June 6 to remove Mr Macharia on grounds of gross misconduct and misuse of office.

But Thursday, 50 MPs, including those from the Coast region dismissed the impeachment bid.

“The motion has no bearing and lacks the constitutional threshold needed to impeach a CS who has performed exceptionally well in his ministerial docket. Some of the signatures are fake,” Kiharu MP Ndindi Nyoro said at a press conference held in Parliament.

“I have written to the Speaker to withdraw my signature from this motion. I was duped by Mr Ali who told me to sign for him to secure a loan from Bunge Sacco,” John Paul Mwirigi (Igembe South) claimed.

Article 152(6) of the Constitution require a member of the National Assembly to marshall the support of at least one-quarter of MPs to support a motion requiring the President to dismiss a Cabinet Secretary on grounds of gross violation of the Constitution, committing a crime under national and international law of for gross misconduct.