Advertise

Advertise

Long way for Orange Party to remove Jumwa from PSC

Malindi MP Aisha Jumwa
ODM has a long way to go in its bid to eject Malindi MP Aisha Jumwa from the Parliamentary Service Commission.
The Raila Odinga-led party sought to revoke the lawmaker’s appointment to the commission that administers Parliament, citing rebellion to the party’s ideals.
She was cited among lawmakers whom the party sought to expel from committees and party seconded appointments - for working with DP William Ruto.   
Jumwa championed the DP's cause in her home turf before the state began its clampdown on DP's allies.
Minority Whip Junet Mohammed (Suna East MP) had asked Speaker Justin Muturi for directions on how to remove the lawmaker on grounds of gross misconduct.
But Muturi maintained that such a motion must meet the threshold of the courts as to what constitutes gross violation of the Constitution.
ODM would, therefore, have to do more for its motion of removal to be admissible before the House.
Muturi outlined that such a motion must indicate grounds for which the PSC member is in breach of the Constitution.
The notice must also state with a degree of precision, the provisions of the Constitution or any other written law that has been violated.
Muturi added that ODM would have to indicate the nexus between the member and the alleged grounds on which the removal is sought.
In the Tuesday decision, the speaker held that the membership of the PSC cannot be equated to membership of a committee from where a lawmaker can be de-whipped.  
“Upon appointment by Parliament, there is no real or imagined hold of the member by the parliamentary party which nominated such a person for appointment,” Muturi said.
He held that for one to be removed on grounds of gross misconduct, which ODM had fronted in its request, a threshold must be met.
Muturi asked members to shy away from instigating removal motions where there are no defined grounds touching on the competence of a commissioner.
“The high threshold should not be viewed as a barrier to removal from office but rather as a safeguard from any unjustified witch-hunt,” the speaker said.
But ODM has remained adamant that it would take the long journey until the legislator is removed from office.
Chairman John Mbadi said the process would begin, saying the decision to remove the member was made by the party’s parliamentary group meeting.
He said ODM is determined to remove Jumwa saying the lawyers in the party would put together a motion to remove the member.
“There are so many grounds. Misconduct is misconduct. It can be decided so and it will be treated as such,” the Minority leader said.
The Suba South MP said it was regrettable that parties have no control of the persons they nominate to PSC.
“I thought that the same parties that propose names for appointment can also propose revocation,” Mbadi said.
He, however, raised concerns with the arrangement where it is required a third of members sign the motion – 117 MPs.
“If the signatures can be allowed as having supported the motion, we will constitute an 11-member committee to prosecute the matter,” Mbadi said.
Ugunja MP Opiyo Wandayi said there was a need for caution in the composition of the committee. 
“It can’t be left to the leadership of the parties to decide,” Wandayi said, even as Junet maintained there was need to understand the place of PSC in running Parliament affairs.
“Those seconded to PSC must know that they are answerable to us. They go in there and forget about us,” Junet said.
“If one is not serving their purpose, there must be a recourse. I want to issue a judicial notice to Jumwa. Her goose is cooked. Gross misconduct is a serious offence.”

No comments

Translate