Beleaguered Auditor General Edward Ouko got a reprieve after Parliament stopped its probe pending an appeal in a case in which the High Court barred MPs from debating his removal.
Speaker Justin Muturi directed the Finance, Planning and Trade committee to suspend the investigations pending the outcome of the case. “In respecting the court orders, the departmental committee on Finance, Planning and Trade continues with its suspension of the investigation of the specific grounds alleged by Emmanuel Mwagonah in his Petition to the National Assembly seeking removal of Edward Ouko from office,” Muturi directed.
High Court judge Chacha Mwita issued the orders stopping discussion of Ouko’s ouster until the determination of a case filed by activist Okiya Omtatah.
“The committee is restrained from proceeding with the hearing and for avoidance of doubt, the Speaker and the National Assembly should not act on any recommendation by the committee until this court makes a finding on the issue,” ruled Chacha. a case filed by activist Okiya Omtatah.
“The committee is restrained from proceeding with the hearing and for avoidance of doubt, the Speaker and the National Assembly should not act on any recommendation by the committee until this court makes a finding on the issue,” ruled Chacha.
Muturi said he had instructed Parliament lawyers to appeal against the court’s decision to injunct the House. Justice Chacha gave Parliament, Attorney General Githu Muigai, Director of Public Prosecutions Keriako Tobiko, the National Police Service and the Ethics and Anti-Corruption Commission 14 days to file their responses to Omtatah’s suit.
House Majority Leader Aden Duale led MPs in expressing outrage over the separate decisions of the judges, pointing out that the two were usurping the powers of Parliament. “There is nothing special about the Auditor-General.
This House has discussed the conduct of other senior public servants like Cabinet secretary Jacob Kaimenyi and Principal secretary Monica Juma; they both survived. What does Ouko fear?” asked Duale.
“Substantive issues had been raised relating to his alleged violation of the Constitution. It is wrong to prevent the House exercising its freedom of speech. The committee and the House cannot be barred from exercising its oversight roles on behalf of Kenyans,” he added.
Olago Aluoch (Kisumu West) accused the Judiciary of not respecting the doctrine of separation of powers, arguing that in the matter facing Ouko, the independence of the Legislature should have been respected by the two judges.
“As Parliament, we need to guard our independence jealousy. We need to guard our independence, especially now that it is under threat,” he said. Muturi said that Parliament needs to take urgent actions to protect the Constitution of Kenya and the mandate of the National Assembly in light of the issues raised in this communication.
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