Agriculture Cabinet Secretary Mithika Linturi on Thursday put up a spirited fight before members of the National Assembly Select Committee that is considering the motion to impeach him.
The CS appearing before the committee that is chaired by Marsabit County woman representative Naomi Waqo, cited lack of evidence and a link between the allegations against him and his duties in the ministry as basis for overturning his ouster.
For four hours, Mr Linturi poked holes in each of the three allegations that were levelled against him in the motion that was sponsored by Bumula MP Jack Wamboka over the fake fertiliser scandal.
Mr Linturi told the committee that all government policies and directives on any matter are given formally through writing, challenging Mr Wamboka to provide such evidence.
“The Cabinet Secretary has not been shown any letter he authored for the purchase of the fertiliser,” said Mr Linturi’s lawyer Muthomi Thiankolu.
On the allegations of contravening the Leadership and Integrity Act by engaging in a public spat with journalists during a press conference, Mr Linturi said there was no evidence nor any testimony from any journalist proving the claims.
Mr Thiankolu told the committee that the only evidence adduced was a press statement by the chairperson of the Law Society of Kenya, Ms Faith Odhiambo, who has not been listed among the witnesses lined up to testify against the CS.
Mr Linturi further said there was no provision in the Constitution that calls for the removal of a Cabinet Secretary from office on the account of perception, character and reputation.
He said the motion should be dismissed because the affidavit that Mr Wamboka relied on has been drafted and commissioned by the same lawyer, which is against the law.
Mr Linturi added that he was neither the accounting officer in the ministry nor in the National Cereals and Produce Board (NCPB) and wasn’t responsible for the procurement of fertiliser.
He dismissed five farmers who appeared before the committee yesterday to testify about how their crops had withered due to the use of fake fertiliser.
One of them, Titus Kiprotich from Kipkelion constituency in Kericho County, told the committee that he received a message from the NCPB depot in Kipkelion to go for the fertiliser. He said he purchased 15 bags of NPK 10:26:10 at Sh37,500.
“The fertiliser was fake. It was my father who started complaining about it before the news started spreading,” Mr Kiprotich said.
Mr Linturi said he had no qualifications to determine whether a fertiliser is fake or genuine and relied on the advice of independent state agencies.
During the afternoon cross examination, Mr Linturi faced a barrage of questions from Senior Counsel John Khaminwa, Mr Wamboka’s lawyer, who took the CS to task on the steps he took when it was brought to his attention that there was fake fertiliser being distributed to farmers.
“I put it to you that we are where we are as a country because you did not do your job,” Mr Khaminwa charged.
Mr Linturi said that, when the matter came up when he was out of the country, he spoke to Agriculture Principal Secretary Paul Rono to coordinate with the NCBP to stop the distribution. He also reached out to various agencies to analyse the fertiliser.
“These institutions are semi-autonomous, have accounting officers and their operations are guided by law. The people [managing them] should be held to account,” Mr Linturi said.
