National Assembly Speaker Justin Muturi is set to determine the legal standing of two parliamentary reports sparking constitutional debates. The first concerns the Public Accounts Committee's (PAC) recommendation to initiate removal proceedings against three Independent Electoral and Boundaries Commission (IEBC) commissioners tied to a Sh9 billion financial shortfall during the 2017 general election. The second involves the Public Investments Committee's (PIC) opposition to a Cabinet proposal for Kenya Airways (KQ) to manage Nairobi's Jomo Kenyatta International Airport (JKIA).
The PAC's findings, which emerged from a special audit, allege that commissioners Consolata Nkatha, Margaret Mwachanya, and Paul Kurgat influenced tenders, including a Sh6.8 billion contract for Kenya Integrated Electoral Management Systems (KIEMS) kits awarded to OT-Morpho. The committee emphasized the report initiates a constitutional process under Article 95, not immediate removal, following the commissioners' April 2018 resignation amid disputes with former IEBC chairman Wafula Chebukati.
Majority Leader Aden Duale challenged the PAC's authority, arguing that commissioners can only be removed via a presidential tribunal under Article 251. 'Adopting this report would violate the Constitution,' he stated, warning of 'undesired results' if MPs attempted to 'sack sitting IEBC commissioners.' PAC chairman Opiyo Wandayi defended the report as a legitimate oversight action, clarifying that the recommendation does not mandate immediate removal but triggers the constitutional process.
The JKIA dispute arose when the PIC uncovered the proposed takeover while reviewing Kenya Airports Authority (KAA) finances. Duale criticized the PIC's stance as a 'fishing expedition,' noting the Cabinet proposal had not yet reached Parliament. PIC chairman Abdulswamad Nassir defended the committee's findings, while PAC members argued that rejecting the report would undermine parliamentary oversight responsibilities.
The outcome of Muturi's rulings will test Kenya's governance framework, balancing accountability for the 2017 election losses with constitutional safeguards. If adopted, the PAC's findings could lead to prosecution of the commissioners if investigative agencies establish culpability.
