ODM has said it has sponsored a censure motion against Interior Cabinet Secretary
Joseph Ole Lenku.
The motion filed by Kisumu Central MP Ken Obura
This comes after
Law Society of Kenya
said earlier today it will initiate the process to remove Interior cabinet secretary Joseph Ole Lenku and Inspector General David Kimaiyo in 14 days if they do not resign over a gun attack in Mpeketoni in Lamu county that left over 50 people dead.
This follows a similar statement by the Kenya National Commission on Human Rights asking top security officials to
resign over the violence in Mpeketoni by suspected al Shabaab militia and other security incidences that have occurred in the country.
According to Article 152 clause 2(b) a Cabinet Secretary may resign after delivering a written statement of resignation to the President.
Under clause 5 the President may remove a Cabinet Secretary following a resolution adopted under clauses (6) to (10).
Under clause 6, A member of the National Assembly supported by at least one quarter of all members of the Assembly, may propose a motion requiring the President to dismiss a Cabinet Secretary on grounds of (a) a gross violation of the provisions of the Constitution or of any other law (b) where there are serious reasons for believing that the Cabinet Secretary has committed a crime under national or international law; or (c) for gross misconduct.
Mvita MP Abdulswamand Shariff Nassir had also said he will move a motion in parliament to have Ole Lenku removed from office.
“My mind has been set on what has to be done. We shall continue with our quest through parliamentary privileges of doing this country which includes the president a favor by ensuring Ole Lenku is impeached and secondly our troops come back home and patrol our visibly porous borders,” said Abdulswamand after touring Mpeketoni.
If the motion is supported by at least one-third of the members of the National Assembly, Parliament may appoint a select committee comprising eleven of its members to investigate the matter. The committee will in ten days report to Parliament whether the allegations of the Cabinet Secretary have been substantiated. Clause 8 says the CS has the right to appear and be represented during the committee during its investigations. If the findings are substantiated Parliament shall (8)(b)(i)
afford the Cabinet Secretary an opportunity to be heard; and (ii) vote whether to approve the resolution requiring the Cabinet Secretary to be dismissed.
If a resolution requires the President to dismiss a Cabinet Secretary, is supported by a majority of the members of the National Assembly, the speaker shall under clause 10 (a) deliver the resolution to the President; and (b) the President Shall dismiss the Cabinet Secretary.
Under Article 245(7) The Inspector General may be removed from office by the President only on the grounds of (a) serious violation of the Constitution or any other law, (b) gross misconduct whether in the performance of the officer holder’s function or otherwise ( c ) physical or mental incapacity to perform the functions of office; ( d ) incompetence; ( e ) bankruptcy; or ( f ) any other just cause.