Aldai MP Marianne Kitany became the subject of discussion in Parliament on Thursday as lawmakers debated on the impeachment motion filed against Agriculture Cabinet Secretary Mithika Linturi.
Owen Baya, the Kilifi North MP wanted the motion dismissed since Kitany, Linturi's ex-wife was one of the MPs who had appended their signatures to the motion.
According to Baya, the mere fact that Kitany and Linturi were embroiled in a bitter fallout was an indicator of a conflict of interest.
"Standing Order 90 extensively relies on matters that are about the member who signs as Number 15 (Marrianne Kitany) on the list," Baya stated during the proceedings.
"Honourable Speaker, interest should have been declared that the MP signing should have in this case declared interest in this because it refers to a personal relationship to the member and we either amend the list or declare that the list presented be expunged and this motion falls on its face."
Baya also presented two other arguments for the motion filed by Bumula MP Jack Wamboka to be thrown out.
First, the lawmaker pointed out that some of the cases mentioned in the impeachment motion were active cases in court and discussing the matters in Parliament would be subjudice.
Second, Baya claimed that the evidence presented against Linturi was pure speculation derived from electronic media reports, contravening National Assembly Standing Orders.
"From page 14 to 16 of the motion, you realise it's contrary to Standing Orders 89. A lot of the cases referred to are active cases hence subjudice rules kick in," he stated.
"If you look at the motion laid by Hon. Wamboka, he referred to electronic. The whole motion is based on extracts from electronic and print media. Standing Order 6 does not allow that to happen hence this motion cannot stand."
National Assembly Speaker Moses Wetangula read the two charges tabled against the CS; Gross violation of the Constitution and gross misconduct.
In a breakdown, MP Wamboka accused Linturi of not undertaking public participation with leaders, stakeholders and departments within the Ministry on policy decisions on procurement and distribution of fertiliser.
Further, he was accused of failing in his mandate as a State officer to gatekeep procurement and stop distribution of fake fertiliser in the market.
Owing to this, Wamboka argued that the alleged negligence violated the public's right to goods and services of reasonable quality to protect their health, safety, and economic interests.
As a result, the CS was accused of failing to secure public confidence.
Speaker Wetangula allowed the legislators to discuss the impeachment motion for three hours before an electronic vote is conducted at 12:30 pm.
