By Eddah Waithaka
The Law Society of Kenya (LSK) has petitioned Parliament to impeach the CS for gross misconduct, violation of the Constitution and incapacity to hold public office within the next seven days.
In a press statement issued by President Faith Odhiambo, the lawyers’ lobby says it will take legal action against the Cabinet Secretary, Linturi personally and other state agencies including the National Cereals and Produce Board (NCPB) and the Kenya Bureau of Standards (KEBS) and other officials for damages suffered by farmers and their involvement in the fertiliser scandal.
“We will petition Parliament to call for the immediate removal of Linturi from office as Cabinet Secretary by dint of Article 152(6) of the Constitution and pursue a class action on behalf of the farmers to seek compensation from the Ministry and the CS,” wrote Odhiambo.
This comes after a legal firm, MMA Advocates, wrote to the Directorate of Criminal Investigations (DCI) requesting that Linturi and the NCPB CEO be investigated for complicity, conduct and involvement in attempting to distort facts regarding fertiliser produced by Thika-based Kel Chemicals Ltd.
The letter, signed by Ahmednasir Abdullahi and addressed to Amin Mohamed Ibrahim, alleged that the two officials were behind a narrative designed to incriminate the fertiliser company through intimidation and threats, and to exonerate other parties implicated in the scandal.
“Mr Kimote shared with Devesh copies of the statement that he was required to read out at the press release. We note the content of these statements directed our client to assume responsibility for the 3,000 bags manufactured between 5th and 7th of March, not meeting the required quality parameter,” reads the letter.
For its part, LSK wrote: “We call on the Cabinet Secretary and demand that he take action to address the horror of the National Fertiliser Subsidy Programme (NFSP) and offer redress to the farmers.
“Should the Ministry fail to take action on the recommended and other necessary measures by the lapse of our demand period, we will take action against all parties involved and bestowed with authority in the matter.”
The LSK president noted that while the NFSP was initiated to increase efficiency and productivity while reducing costs, instances of fake fertiliser being sold to unsuspecting farmers severely jeopardise their incomes and production.
“The NFSP which was rolled out as a source of relief to farmers has now been reduced to a conduit investment for fraud. Clearly the NCPB and the Kenya Bureau of Standards have grossly abrogated their duty to enforce stringent quality control measures stipulated in the Standards Act,” LSK state.
