Education CS Kaimenyi’s close shave as angry MPs’ bid flops

Prof Jacob Kaimenyi, the dental medicine scholar of international repute to whom President Uhuru entrusted the Education docket, confronted a personal experience, which must have brought home the literal meaning of the English expression, ‘surviving by the skin of one’s teeth’.

By the stroke of a technicality springing from inability by his critics in Parliament to marshal numbers that would have set in motion a process to remove him from office, the tough-talking Kaimenyi, who has had run-ins with teachers and their unions, could afford a smile last evening.

Education Cabinet Secretary Jacob Kaimenyi. He became the first Cabinet Secretary under Jubilee administration to face a motion of impeachment in line with the provisions of Article 152 of the Constitution, which sets the threshold for such removal. [PHOTO: MOSES OMUSULA]

Kaimenyi, who on Tuesday had to make peace by paying a fine of Sh100,000 in cash and a white bull without blemish to the Ameru Njuri Ncheke council of elders, became the first Cabinet Secretary under Jubilee administration to face a motion of impeachment in line with the provisions of Article 152 of the Constitution, which sets the threshold for such removal. But MPs pressing for his removal - despite being majority among those present in the House - were 28 short of the requisite number required to move the process to the second phase.

When the motion was put to vote, those supporting it raised 89 votes against 50 by opponents, falling short of the 117 votes required for the House to form a committee to investigate allegations against the CS of gross violation of the constitution. One MP abstained.

The number of those who voted to oust the CS was even lower by five than those who signed up to the petition backing the submission of the Motion. That only 140 MPs were present in the 349-member National Assembly signalled the motion lacked popular support because during critical controversial motions that lawmakers have an interest in, the chamber is jammed.

Orange Movement's Matayos MP, Geoffrey Odanga, appeared to have hung onto the grievances of teachers' representatives and MPs keen to "teach Kaimenyi a lesson in humility" to introduce the motion.

There was excitement in the House as Odanga began moving the motion, reading out the names of 94 members of the National Assembly who had appended their signatures to the motion.

"Kaimenyi has failed Kenyans. He has failed to consult stakeholders on key issues including exam ranking and other matters. This House resolves the President dismisses Prof Kaimenyi from the position of CS for gross misconduct and gross violation of the Constitution and other laws of the land," Odanga moved.

Seconding the Motion, Ronald Tonui (Bomet Central MP) claimed the attempt to remove Kaimenyi was a godsend for teachers, who he said had suffered during his tenure. Tonui argued that being a former teacher himself, he understands the grievances of teachers and asked MPs to back the motion.

Send message

"Coming from a teaching background, this motion is the best news for teachers," he said.

"Today, this House has a date with destiny to send a very clear message. Let us use Kaimenyi as an example that this House will not stand any Government functionary or official that brings a cavalier attitude towards public service. Let us send Kaimenyi to the cooler and send a powerful message," said Ababu Namwamba (Budalang'i).

The CS appears to have set himself up for trouble, judging from the stormy relationship he has had with sections of Education stakeholders during his tenure at the ministry.

Some of the charges against Kaimenyi were that he has allowed many educational institutions to operate without boards of management, contrary to Section 6 of the Education Act 2007, has discriminated against children with special needs by failing to disburse requisite funding to registered institutions and has treated the National Assembly committee on Education with contempt by failing to honour meetings and summonses.

"As things stand now, I don't think he has what it takes to steer the education sector. If he was a consultative person, he would have solved the problems in the Education ministry," added Thomas Mwadeghu (Wundanyi).

But in the end, the motion failed, scuttled by partisan political positions and Jubilee's portrayal of the bid to oust Kaimenyi as part of the Opposition's scheme to bring down President Uhuru's government.

On Tuesday, Meru Senator Kiraitu Murungi, who was flanked by some Jubilee MPs, told a press conference that the ruling coalition must rise up against the Opposition's schemes that he claimed targeted ministers considered the pillars of the Jubilee government such as Kaimenyi and Devolution CS Anne Waiguru.

Yesterday, signs that it would not be smooth sailing emerged earlier in the debate when one of the members who had appended his signature to the motion, Irungu Kangata (Kiharu), rose on a point of order to claim that Odanga had changed the contents of his motion midway.

"If you compare the original motion with what is circulating, they are very different. It would be very unfair if it is proved that there have been some changes between what members signed for and what has been brought here. If it is proved that there have been changes, you throw out the motion," charged Kangata, who later stood up to oppose the motion.

Majority Leader Aden Duale also poked holes into the motion, saying it was premised on tenuous grounds that could not be substantiated before the House. He noted that Odanga had made constant reference to the Education Act of (2007), which had been repealed.

The members voted in their different ways, but they all appeared to find a point of convergence on Kaimenyi's perceived 'arrogance'.

Member after member, even those opposed to the motion, indicted him for his brash attitude, with Priscilla Nyokabi (Nyeri) telling the House that with his attitude, he 'is unlikely to go to heaven'.

"We all agree that Kaimenyi is not a good man. I doubt if he will go to heaven with his conduct. But his arrogance is neither here nor there. But our work is to ensure he upholds the Constitution," she said.

Even Kaimenyi's former students waded into the debate. While Deputy Majority Leader Naomi Shaban (Taveta) pleaded with the House to spare her former teacher, Mr Johanna Ngeno (Emurua Dikkir) argued that even if his academic certificate bears the Cabinet secretary's signature, 'here we are discussing serious matters'.