MPs have dismissed a petition by a Nairobi lawyer seeking the removal of Auditor General Edward Ouko as a "fishing expedition".
Emmanuel Mwagambo
has accused Ouko of violating the constitution by failing to submit reports to the President and Parliament. He also claims
the auditor has failed to prevent massive wastage of public funds as well as
in recruitment of staff at his office.
But members of the Finance, Planning and Trade Committee launched a stinging attack on the petition as they got down to business on day one.
The session was punctuated by heated exchanges as a strong delegation of MPs from the Luo community occasionally fired salvos at the petitioner.
The MPs veered off order, often putting to question their commitment to the petition.
They thronged committee room number 9 as friends of the committee - non-members who attend sessions of other committees as allowed under the standing orders.
Ill-prepared Mwagambo was put in the hot seat as the legislators sought to glean enough evidence to necessitate the removal of an independent office holder.
They told the petitioner that the threshold for Ouko's removal from office was higher and that he must pull all stops to submit sufficient evidence to support the petition.
Read:
The jam-packed session included more than 20 ODM MPs - majority from Ouko's Nyanza backyard. Among them were Deputy Minority leader Jakoyo Midiwo and Nominated MP Oburu Oginga.
The Luo MPs often hurled harsh words at the petitioner whom they termed a "gun for hire working at the behest of shadowy individuals keen to sack Ouko".
"We are quite concerned that every
Jaluo
holding any constitutional office is being targeted, yet everyday in this House we seem to approve names from only two communities," said Oburu.
Nyando MP Fred Outa said:
"This is a gun for hire, we have no business prosecuting this petition without evidence."
Ugunja MP Opiyo Wandayi said:
"It is now more clearer that the petitioner is in a fishing expedition."
Deputy Minority Whip Chris Wamalwa noted that the petitioner had failed to support the allegations he raised against Ouko.
"These are flimsy allegations meant to intimidate the Auditor General from performing his work. This is not an ordinary petition, the threshold is very high," he said.
Midiwo warned the committee against proceeding with the petition yet the petitioner had failed to prove his allegations. He said this amounted to abuse of the parliamentary process.
"The petition should be based on evidence for members to examine it piece by piece,' he said.
But the petitioner, who sat for more than three hours making his case, told MPs that some of the documents needed may not be at his disposal as he has no access to Ouko's office.
"I am working on limited documents. I undertake that I will compile documents in my possession. I will not try to look for documents which are not in my possession," said
Mwagambo.
Visibly agitated by members who repeatedly appeared to dismiss his petition as a fishing expedition, the petitioner asked MPs to use their powers to get the relevant documents from Ouko's office.
"I am not obliged. This committee has constitutional authority to get the documents," he said, and asked members to consider that he could have snubbed the sitting
"I cant sit here when aspersions are being cast on me. I am being vilified as if I am the one being accused. Today has been a sad day for me, to say the least," he said.
Committee chairman Benjamin Lang'at (Ainamoi) ruled that Mwagambo must present more
evidence by noon on Wednesday given the strict timeliness set for the petition.
The petition was committed to the committee on February 15 and 14 days given for justifications to be analysed and the House advised. If found credible, President Uhuru Kenyatta will form a tribunal to probe Ouko.