Mohammed Ali alias Moha Jicho Pevu, the Nyali MP is plotting the impeachment of Transport CS James Macharia over government’s decision to transfer all transit cargo from the port of Mombasa to the inland container in Naivasha via SGR.
The legislator is allegedly collecting signatures in a move to petition parliament seeking the removal of the Transport CS.
A group of workers unions, businesses, and civil society organisations in Mombasa County have protested CS Macharia’s announcement that all transit cargo be railed to the Inland Container Depot (ICD) at Naivasha before being collected by trucks to the partner states via Busia or Malaba to reduce human movement.
Speaking to a local news blog, Muslims for Human Rights (MUHURI) chairman Khelef Khalifa argued that the move would take jobs from Mombasa county to Naivasha.
“The directive is giving the SGR an unfair advantage. What we are asking is for transporters to be given an option if they want to transport their goods via road, let them be allowed. The SGR project was driven by political reasons, not economical reasons, everything is shrouded in secrecy and has cost so much money,” Khalifa stated.
The procedure for the removal of a cabinet secretary is outlined in Article 152 of the constitution.
“Pursuant to Article 152 (6) of the Constitution, a Member of the National Assembly, supported by at least one-quarter of all the members of the National Assembly, may propose a motion requiring the President to dismiss a Cabinet Secretary on the ground of a gross violation of a provision of the Constitution or of any other law or where there are serious reasons for believing that the Cabinet Secretary has committed a crime under national or international law; or for gross misconduct,” the clause reads in part.
The Nyali MP has not outlined reasons why he is seeking the removal of the CS but the next step would be to submit to the Clerk of the National Assembly a copy of the proposed motion for the removal of the Cabinet Secretary together with a list of the Members of the National Assembly who support the motion, in the form prescribed in the Schedule.
The Clerk of the National Assembly shall confirm that the proposed motion where they state the grounds and particulars upon which the proposed motion is made and the document is signed by the member and has at least one-quarter of all the Members of the National Assembly.
The Clerk of the National Assembly shall then submit the proposed motion to the Speaker who shall examine the proposed motion and inform the member within three days whether it is declined to approved and inform the Member within three days giving reasons for the refusal.
The National Assembly then appoints a select committee comprising eleven of its members to investigate the matter; and the select committee shall, within ten days, report to the National Assembly whether it finds the allegations against the Cabinet Secretary to be substantiated.
The Clerk of the National Assembly shall then invite the Cabinet Secretary to appear and be heard by the select committee giving the date, time and place where the Cabinet Secretary is to appear.
A number of CS’s have faced the threat of impeachment though none has been removed via the process.
In 2018, Current Water CS Sicily Kariuki while serving as the Health CS was facing impeachment after a number of legislators sought to eject her over a scandal involving the Kenyatta National Hospital.
Mandera North MP Bashir Abdullahi ended up withdrawing the motion seeking her ouster, after the intervention of Deputy President William Ruto.
