How Linturi’s impeachment hearing went down

Date:

The National Assembly Select Committee on the Proposed Dismissal of the Cabinet Secretary for Agriculture and Livestock Development, Franklin Mithika Linturi, began hearings on Wednesday May 8, 2024.

This follows a special motion approved by the House that seeks the dismissal of CS Linturi, who is alleged to have approved the procurement and distribution of substandard fertilizer by the National Cereals and Produce Board, gross misconduct and gross violation of the Constitution.

Jack Wamboka who was the first witness in the hearing stated, “I watched the news and was disturbed when a minister gave three versions of a narrative on fake fertilizer.”

Wamboka argued that the CS’s actions violated consumer rights and Kenya’s social and economic well-being. “Food security is important to all of us,” Wamboka emphasized. “A CS must be trusted and has a duty to give right information to Kenyans.”

CS Linturi’s defense, led by Senior Counsel Muthomi Thiankolu, countered that the allegations lack specifics.

“There must be a specific Act and allegation. There must be a link between the cabinet secretary and the allegations in question,” SC Thiankolu stated while cross examining the Wamboka.

He further emphasized the National Cereals Produce Board’s semi-autonomous status, suggesting it’s not directly influenced by the Ministry.

“The lynchpin of this case is that HMithika Linturi approved the distribution of fake fertilizer,” Thiankolu stated. “We would be interested to see how the approval process unfolded.”

CS Linturi, while making his opening statement expressed empathy for farmers, “I really feel for the farmers and i have taken corrective measures in the Ministry. Those who are calpable have been in court. I will soldier on because this is what I would call an occupational hazard, it comes with the job I’m doing.”

Five witnesses appeared before the Select Committee for the sponsor of the special motion,  Titus Kiprotich a farmer from Kipkelion West, Kericho County, Bernard Kuria, farmer from Githinguri, Kiambu County, David Ndegwa, a farmer from Kieni, Nyeri County,  Sammy Kiptum Birgen, a farmer from Uasin Gishu County and Hosea Ruto a farmer from Uasin Gishu County.

The witnesses recounted their experiences with the substandard fertiliser and submitted samples of empty bags of fertiliser and samples of fertilisers from their farmers.

Committee Members made various interventions throughout witness testimonies and CS Linturi’s Defence Committee cross examined the witnesses.

During the hearing, questions regarding admissibility of witnesses and evidence were addressed.

Chairperson, Naomi Waqo guides that “the Committee shall allow any Party to invite witnesses or produce new evidence provided the evidence strictly relates to the allegations contained in the Motion.”

Wamboka had previously requested the Committee to summon the Principal Secretary, Ministry of Agriculture and the Managing Director for KELS Chemicals Limited, the Committee ruled that such a move required establishing a clear link between these individuals and the allegations.

Naomi Waqo further highlighted, “The Committee will not entertain any witness or evidence that is not relevant to or that purports to introduce new allegations outside the allegations as passed by the National Assembly.”

The hearing will continue on Thursday May 9, 2024.

Read More:

Lawyers Agree to Bring Linturi as Witness in Fake Fertilizer Probe

MPs Pick 11 Members to Determine Linturi’s Fate After Impeachment

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