Budalangi Member of Parliament Ababu Namwamba who has lost his bid to be reinstated as the chairman of the Public Accounts Committee (PAC).
BY SAM ALFAN.
Orange Democratic Party Secretary General Ababu Namwamba has lost his bid seeking to be reinstated as the chairman of the Public Accounts Committee (PAC).
High court dismissed a case filed by Budalangi Member of Parliament Ababu Namwamba seeking to be reinstated as the chairman of the Public Accounts Committee (PAC).
Justice Korir dismissed the application on the grounds that due process was followed on his removal as PAC chair.
“The committees are operational functions of Parliament and its rules should be adhered to,” said Korir.
He added that after the committee presented their report, Namwamba failed to provide evidence that his rights were violated.
Namwamba had moved to court accusing National Assembly Speaker Justin Muturi for allowing MPs to remove him from the post.
Namwamba who is also the ODM secretary general wanted the court to quash the finding and recommendations of Powers and Privileges Committee headed by Kuresoi North MP Moses Cheboi committee dated March 31, 2015.
The committee had recommended for the disbandment of the watchdog committee on allegations of corruption.
In the suit, Namwaba moved to court on April 20 to contest his removal saying Parliament carried out an illegality by purporting to remove him from the powerful committee.
Through his advocate, Isaiah Mandala he asked Korir to temporarily stop Parliament from reconstituting PAC pending hearing and determination of the case.
“The respondents’ decision are illegal, manifestly unfair, malicious, and discriminatory and out to be stayed by this court to protect the interest of the applicant,” Mandal said.
Namwamba had sued Parliament’s Powers and Privileges Committee of Privileges, Clerk of the National Assembly and Attorney General as respondents.
The outspoken legislator was aggrieved by Parliaments decision to adopt the report of the committee and resolved to disband it.
According to the Budalangi legislator, PAC which was set to be reconstituted within seven days contravened the standing orders of the House.
The post was eventually taken over by Rarieda MP Nicholas Gumbo.The report which was adopted by Parliament on April 14eventually barred Namwamba and four other members of the committee from seeking re-election into PAC.
Among the members were Ijara MP Ahmed Abbas, James Bett (Kesses), Omondi Anyanga (Nyatike) and Cecily Mbarire (Runyenjes).
In his affidavit, Namwamba claimed the process of investigation by PPC was tainted with illegality, irrationality and procedural impropriety
“It is a process that is indelibly discolored and irredeemably poisoned by political malice, intrigues and personal vendetta,” Namwamba said.
Following his removal, the MP contended that his character had been assassinated by baseless allegations which had been authored by malicious persons.
“The malicious persons have now purported to withdraw the allegations and apologise to me,” Namwamba had said.