NAIROBI, Kenya, Jan 14 – National Assembly Speaker Moses Wetangula has overruled a petitioner’s bid to cross-examine Agriculture Cabinet nominee Mutahi Kagwe on a memorandum against his selection.
Speaking at the start of the vetting exercise on Tuesday, Wetangula stated that the request by Aura a member of the public, through his advocate Harrison Kinyanjui lacked a legal foundation.
The petitioner had sought to have Kinyanjui appear before the parliamentary committee to cross-examine Kagwe.
However, the Speaker ruled that the request was inconsistent with the provisions of the Parliamentary Approval Act, Cap. 7F, Section 6, which outlines the procedures for addressing concerns about nominees.
“My direction members is that under the (Parliamentary Approval) Act (Cap. 7F), section 6 thereof, there’s no contemplation in the act of any contesting party to appear before this committee to cross examine any nominee,” Wetangula explained.
“The provision of the law is that whoever has any issues on a nominee deponds an affidavit as the gentleman Aura has rightly done.”
Wetangula elaborated that the affidavit, once submitted, is reviewed by the committee, which may choose to question the nominee based on the issues raised.
He confirmed that Kagwe had already been furnished with the affidavit and had responded to its contents, which were available for the committee’s consideration.
“The record is available to our support team, and its contents will form part of the process in determining the suitability of the nominee, including its accuracy, factuality, and veracity,” he said.
The Speaker reminded the petitioner and his advocate that vetting proceedings are not adversarial but inquisitorial, aimed at evaluating the nominee’s qualifications and suitability for office.
“To Mr Aura and your lawyer you are at liberty to sit at that gallery listen to the proceedings, but the privilege of you appearing to cross examine a nominee is not provided for in any law,” Wetangula maintained.
“This is not an adversarial proceeding, neither is it a trial, it is simply and inquisitorial process to find out whether the nominees are suitable or not.”
The ruling cleared the way for the vetting process to proceed greenlighting the parliamentary committee to evaluate Kagwe’s suitability for the Cabinet position.
