Blow for Linturi as probe committee admits new evidence in ouster bid

The committee ruled to have Agriculture PS Paul Rono and Kel Chemicals chief operations officer Devesh Patel testify in the case.

Agriculture Cabinet Secretary Mithika Linturi has been dealt a blow after the National Assembly's Select Committee on the impeachment of Agriculture Cabinet Secretary Mithika Linturi allowed the use of fresh evidence in his ouster bid.

The committee also agreed that Bumula MP Jack Wamboka; who is the initiator of the Linturi impeachment motion, have Agriculture Principal Secretary Paul Rono and Kel Chemicals chief operations officer Devesh Patel testify in the case.

The move is likely to bring fresh insights into the impeachment bid.

Wamboka argued that both PS Rono and Devesh have incriminating evidence that will help nail Linturi in the ongoing probe.

The embattled CS is accused of directing Kel Chemicals, the company identified as the one which distributed the fake fertiliser, to read a statement authored by the National Cereals and Produce Board.

In the said statement, the authorities wanted Kel Chemicals to admit liability for the fake input. The firm refused.

Wamboka explained that it was at that point that the Agriculture CS decided to shut down Kel Chemicals and have its premises declared a crime scene.

Opposed new evidence

Linturi however strongly opposed the decision to bring new evidence by the Bumula MP to fortify the case that is threatening his tenure at the helm of the Agriculture portfolio.



The CS asked the committee chaired by Marsabit Woman Representative Naomi Waqo to throw away any evidence or witnesses not relied upon when MPs voted to pass the motion on Thursday last week.

"We urge this committee to investigate the motion as approved by the House. This committee has no power to interrogate what was not before the House," Linturi's lead lawyer Muthomi Thiankolu said.

"There is zero room for introducing evidence that was not part of the evidence that was in the motion."

Coming up with the ruling on Wednesday, the Marsabit lawmaker said the committee will be open to new evidence associated with the allegations cited in the removal motion.

"Standing Order 64 does not prescribe specific evidence before the committee, we will allow any party to produce new evidence that is relevant to the allegations in the motion," Waqo ruled.

"Article 125 and Standing Order 191 give power to this committee to summon anybody before it."

Naomi, however, put Wamboka to task to first prove to the committee the two hold key information relevant to the allegations the committee is considering.

The team also overruled Linturi's claim to drop the motion as it is inadmissible. "We have overruled objections," she ruled.

Linturi's impeachment motion relies on three main grounds.

They are; gross violations of the Constitution or any other law, serious reasons to believe the CS has committed a crime under national law and gross misconduct.

The daylong hearing on Wednesday was not without drama as Linturi linked his ex-lover and Aldai MP Marianne Kitany to his impeachment bid.

Lawyer Thiankolu told the select committee that it is Kitany who is behind his client's ouster bid and not Wamboka.

"The mover of this motion is the member for Aldai," Thiankolu insisted.