Pursuant to the provisions of Article 152(6) of the Constitution and Standing Orders 64(1…

Motion text

THAT, pursuant to the provisions of Article 152(6) of the Constitution and Standing Orders 64(1A) and 66, this House RESOLVES that the President DISMISSES the Hon. Franklin Mithika Linturi from the office of Cabinet Secretary for the Ministry of Agriculture and Livestock Development on the following grounds— 1. Gross violation of the Constitution: (a) Violation of Articles 2 and 10(1)(c) of the Constitution THAT, the Hon. Franklin Mithika Linturi, acting as the Cabinet Secretary responsible for the Ministry of Agriculture and Livestock Development, appears to have committed gross violation of these constitutional provisions by— (i) not undertaking public participation with leaders, stakeholders, or even departments within the Ministry in the implementation of far- reaching policy decisions on the procurement and distribution of fertilizer therefor violating the provisions of the Constitution on national values and principles of good governance in so far as he acted as a State officer to make and implement a public policy to approve the procurement and distribution of fake fertilizer contrary to recommendations of the National Cereals and Produce Board, an agency in the Ministry; and (ii) approving procurement and distribution of fake fertilizer by the National Cereals and Produce Board, discloses a gross violation of national values and principles of good governance in so far as he acted as a State officer to make and implement a public policy to approve the procurement and distribution of fake fertilizer contrary to Article 10(1)(b) of the Constitution. (b) Gross violation of Article 46 of the Constitution THAT, one Franklin Mithika Linturi, acting in his role as the Cabinet Secretary responsible for the Ministry of Agriculture and Livestock Development, appears to be in gross violation of this constitutional provision by— (i) infringing on consumers' right to goods and services of reasonable quality and to the protection of their health, safety, and economic interests by approving the procurement and distribution of fake fertilizer; and (ii) approving the budgets for procurement and distribution of fake fertilizer by the National Cereals and Produce Board thereby violating consumer's right to goods and services of reasonable quality and to the protection of their health, safety, and economic interests as he approved the procurement and distribution of fake fertilizer contrary to Article 46 of the Constitution. (c) Gross violation of Article 73 of the Constitution THAT, the conduct of one Franklin Mithika Linturi, acting in his role as the Cabinet Secretary responsible for the Ministry of Agriculture and Livestock Development, appears to be a gross violation of this constitutional provision in so far as the public trust was exercised in a manner that is inconsistent with the purposes and objects of the Constitution. He failed to demonstrate respect for the people, failed to bring honour to the nation, dignity to the office, and failed to promote public confidence in the integrity of the office contrary to Article 73(1)(a)(i), (ii), (iii) and (iv) of the Constitution. (d) Gross violation of Article 201 of the Constitution THAT, one Franklin Mithika Linturi, acting in his role as the Cabinet Secretary responsible for the Ministry of Agriculture and Livestock Development, appears to have committed a gross violation of this constitutional provision by approving the procurement and distribution of fake fertilizer by the National Cereals and Produce Board. This amounts to a gross violation of principles on public finance in so far as public money is concerned and that public money was not applied in a prudent and responsible way when he approved the procurement and distribution of fake fertilizer contrary Article 201(d) of the Constitution. (e) Gross violation of Article 232 of the Constitution THAT, the Hon. Franklin Mithika Linturi, the Cabinet Secretary for Agriculture and Livestock Development, appears to have committed a gross violation of this constitutional provision where, he outlined in his written submission as a response to the fertilizer subsidy programme to the Departmental Committee on Agriculture and Livestock, misleading information that the National Cereals and Produce Board (NCPB) signed an Agency Agreement with 51 Capital Africa Diatomite Industries on 31st March 2022 for supply and distribution of GPC diatomaceous for its commercial function, and that the product was not sold as a chemical fertilizer but as a soil conditioner, violating the values and principles of public service, duty to use resources efficiently, effectively and economically contrary to Article 232 of the Constitution. 2. Serious reasons for believing that the Cabinet Secretary has committed a crime under national law: (a) Serious reasons for believing the Cabinet Secretary has committed a crime under sections 100 and 101 of the Penal Code, Cap. 63 THAT, one Franklin Mithika Linturi, acting in his role as the Cabinet Secretary for the Ministry of Agriculture and Livestock Development, issued a directive to officials of KELS Chemicals to attend a press conference and issue a statement from the National Cereals and Produce Board. His subsequent closure of the factory and declaration of it as a crime scene due to the company’s refusal to participate in the staged press conference, discloses grounds that there are serious reasons for believing that the Cabinet Secretary has committed a crime under national law, including but not limited to offences involving abuse of office and false claims by a person employed in the public service contrary to sections 100 and 101 of the Penal Code, Cap 63. (b) Serious reasons for believing the Cabinet Secretary has committed a crime under sections 353 and 355 of the Penal Code, Cap. 63 THAT, one Franklin Mithika Linturi, the Cabinet Secretary for the Ministry of Agriculture and Livestock Development, is currently under investigation by the Director of Public Prosecutions and the Director of Criminal Investigations, and is facing arrest, charging, prosecution and institution of criminal proceedings in relation to six pending civil, commercial and family suits. This discloses grounds that there are serious reasons for believing that the Cabinet Secretary has committed a crime under national law, including but not limited to offences involving uttering false documents and procuring execution of documents by false pretences, contrary to sections 353 and 355 of the Penal Code, Cap 63. 3. Gross misconduct: THAT, one Franklin Mithika Linturi, acting in his role as the Cabinet Secretary responsible for the Ministry of Agriculture and Livestock Development, by approving procurement and distribution of fake fertilizer by the National Cereals and Produce Board, in so far as being a State officer— (i) has failed to exercise public trust in the best interest of the people of Kenya and this amounts to gross misconduct contrary to section 8 of the Leadership and Integrity Act, Cap 185C; (ii) has failed in the performance of his duties to the best of his ability to carry out the duties of the office efficiently and honestly, and to carry out the duties in a transparent and accountable manner, and this amounts to gross misconduct contrary to section 10(a) & (b) of the Leadership and Integrity Act, Cap 185C; (iii) has failed to demonstrate professionalism in carrying out duties of the office in a manner that maintains public confidence in the integrity of the office and this amounts to gross misconduct contrary to section 11(a) of the Leadership and Integrity Act, Cap 185C; (iv) misled the public by submitting false information to a Departmental Committee of the National Assembly that GPC diatomaceous was distributed as a soil conditioner and not as a fertilizer, and this amounts to gross misconduct contrary to section 29 of the Leadership and Integrity Act, Cap 185C.