Kimunya escaping scrutiny of SGR tenders, to consult supreme court on constitutional rights

[Kabaridi]

Former Transport minister Amos
Kimunya risks arrest if he fails to
appear before a parliamentary
committee investigating the
controversial standard gauge railway
deal.
The Public Investments Committee
(PIC) threatened to have Mr Kimunya
arrested after he declined invitation
to appear before it on Monday.
Instead, he referred the team to
pronouncements by President Uhuru
Kenyatta on the Sh448 billion
project.
“We should have him arrested if he
fails to comply…this committee under
Article 125 of the Constitution enjoys
the same powers as the High Court,”
Sirisia MP John Waluke said.
Parliament had on January 23, 2014
written to Mr Kimunya to appear
before the committee.
In his e-mail response declining to
appear before the committee Monday
afternoon Mr Kimunya said his
appearance would be of no use given
that the information sought related to
documents not in the possession of
private citizen like him.
“I also note from the media reports
that the relevant government officials
who have access to the information
above, have already appeared before
the committee, or as in the case of
His Excellency the President,
pronounced the government’s
position on the matter,” Mr Kimunya
wrote.
On Monday, PIC chairman Adan
Keynan accused Mr Kimunya of
“exhibiting arrogance” and directed
the National Assembly Clerk Justin
Bundi to issue official summonses to
Mr Kimunya to appear before the
team next Tuesday.
“Kimunya must by now appreciate
the law having been a former MP and
minister. I direct the secretariat to
issue summons. If he had responded
to us in a diplomatic manner maybe
we would have given him another
invite,” said the Eldas MP.
READ: Railway tender probe team
cites interference
Kisumu Town West MP Olago Aluoch
termed Mr Kimunya’s letter
“derogatory and contemptuous” while
committee chairperson Kimani
Ichungwa wrapped it in with “This
Kibaki (former President) ministers
are arrogant.”
Mr Kenyatta last Tuesday summoned
his entire Cabinet at State House
Nairobi and defended the railway
project that was awarded to China
Road and Bridge Corporation (CRBC)
through a disputed government-to-
government arrangement.
The tender was awarded to the
Chinese firm during Mr Kimunya’s
tenure at the Transport ministry in
2013. Mr Kenyatta said the project
will proceed despite concerns raised
by MPs.
Nandi Hills MP Alfred Keter has
questioned the tender, saying it was
single sourced and overpriced.
The committee said Mr Kimunya
should not hide behind President
Kenyatta’s stance on the 609-
kilometre line, noting this would only
be binding to members of the
executive.
“We are operating under a new legal
regime. We shall independently
investigate and come out with a
report that is based on facts,” Mr
Keynan said.