• Magoha has snubbed the Senate ad hoc committee on Covid-19 since April.
• The CS is reportedly banking on an advisory by Attorney General Kihara Kariuki
Image: EZEKIEL AMING’A
A letter purportedly issued by Attorney General Kihara Kariuki advising Education CS George Magoha to appear before the Senate only on matters ECDE has landed Magoha in trouble with the lawmakers.
The senators have summoned the CS after he snubbed their invite on three occasions, ostensibly on the strength of the letter, triggering anger among the lawmakers.
In a letter by clerk Jeremiah Nyegenye, the senators summoned Magoha to appear before them next Tuesday and threatened to fine him Sh500,000 or order for his arrest should he skip the session.
Magoha has dodged the Johnson Sakaja-led Ad Hoc Committee on Covid-19 since April when he was first invited to appear to address emerging issues in the education sector in the wake of the coronavirus.
He skipped the initial meeting on April 15, failed to attend another one on May 15 and the latest one on Monday.
“Should you fail to attend, the committee may impose upon you a fine not exceeding Sh500,000 or may order for your arrest,” the letter reads.
The Parliamentary Powers and Privileges Act empowers a committee of Parliament to fine or order the arrest of witnesses who snub its sittings or fail to provide documents or evidence.
The clerk warned Magoha that he shall also be guilty of an offence under the law for which he shall be liable, on conviction, to a fine not exceeding Sh200,000 or six months imprisonment or both.
Last week, Sakaja told the house the frustrations his committee has endured trying to have the CS appear before the panel.
“There is a letter that purportedly came from the AG which the CS is using to state that he has been advised not to appear before the Senate on issues of Early Childhood Development Education and pre-primary education,” he said.
ECDE, pre-primary and village polytechnics are the only aspects of education devolved under the Constitution.
The senate’s primary mandate is to oversight the counties.
But the clerk reminded Magoha that the Constitution and the PPPA empower the Senate and any of its committees to summon any person for the purpose of providing information.
On the floor, Sakaja said the purported letter by the AG was ill-informed stating that the Constitution requires CSs to be accountable to Parliament.
“Therefore, delaying is not a tactic. This House has the authority to summon anyone or anybody within the territory of this country to answer to issues of concern to the people.”
“The CS must know that he is not special because all others have attended meetings of the committee,” the Nairobi senator said.
The committee wants the CS to explain the impact of Covid-19 pandemic on the learning calendar including dissemination of national examinations.
The panel seeks to understand the measures undertaken by the ministry to enable learners to continue with their studies or revision while at home.
Sakaja and his team also wants to know the measures put in place to ensure teachers and learners return to school without endangering their health.
Edited by R.Wamochie