The Senate is currently debating a motion by Nairobi Senator Edwin Sifuna asking for a declaration that Kuria is unable to serve in office as a result of his comments to deny advertising to specific journalistic outlets, which he mocked in a string of offensive tweets.
Kuria’s comments are described as “concerning” by Sifuna in the vehement move, which also claims that Kuria’s assaults on Nation Media Group violate Article 34 of the Constitution, which guarantees press freedom.
“…the CS for Investments, Trade and Industry, whose reckless tongue has now reached an unrivaled level of infamy in the nation and whose divisive, abusive and demeaning rhetoric continues to cause consternation, posted on his verified social media handles on Sunday, June 18, 2023, in reference to the Nation Media Group that ; Kwa wale xxx(unprintable) wa Aga Khan pale Nation Center, auctioneers and death notices may still be advertised. We won’t halt those,” part of the Deputy Minority Whip’s motion states.
The National Assembly, which has the authority to fire Kuria, can initiate the process of censure, which is an official rebuke of a person’s character.
“CS Kuria shared a screenshot to celebrate a decline in the share price of the Nation Media Group on the same verified social media accounts, showing that Kuria has chosen to pursue a vengeance against the company for its alleged failure to echo the regime’s lies and false promises. As history has demonstrated in other jurisdictions, an attack on one media outlet frequently results in attacks on press freedom as a whole,” stated Sifuna.
The senator also wants the government to be forced to refute the CS’s statements since they could be misconstrued as the government’s official position and violate the constitution’s protections against government meddling in the media and persecution of the press.
The ODM secretary general is worried that Kuria’s remarks could lead the nation down a path of rights abuse and has also demanded a guarantee given to the media that their liberties will be protected.
“since the country’s independence, the media has played a crucial role in its emancipation, democratization, and history of governance. Additionally, because to their freedom, the media has helped almost all economic sectors thrive by disseminating accurate information at the right moment. Indeed, the strength and audacity of our media have made us the envy of our neighbors in the region—a hard-won victory that we do not take for granted,” stated Sifuna.
The Senate has already received the proposal and will likely shortly begin debating it. According to Article 152(6) of the Constitution, a CS may be removed for grossly violating the Constitution, including Article 34, which the senator claims Kuria did, as well as any other law, breaking a criminal under domestic and international law, or engaging in severe misconduct.
The article specifies a requirement of 88 MPs to support the proposal of a move to dismiss the CS. “A member of the National Assembly, supported by at least one-quarter of all members of the Assembly, may propose a motion requiring the President to dismiss a Cabinet Secretary,” the article states in part.
To proceed to the next step of creating an 11-member special committee to look into the problem, a motion of this nature would need the support of 117 Members of Parliament. The president will fire the CS in question if the committee recommends their dismissal and the resolution is approved.
Kuria has come under fire for his remarks, and he risks censure for skipping Senate sessions. A number of stakeholders have called on President William Ruto to fire him.
Several organizations have joined the Nation Media Group in denouncing the CS’s attacks, including the Media Council of Kenya, the Kenya Union of Journalists, the Editors Guild, and the Media Owners Association.
The Ethics and Anti-Corruption Commission forcefully responded in a statement on Monday to Kuria’s threats to withhold press advertisements.
EACC CEO Twalib Mbarak stated that “no person can lawfully be denied an opportunity to participate in any public procurement except as may be authorized by law.”
Kuria has been criticized for his profane language, which has already landed him in legal problems. His eight-month tenure has been marred by controversy because of remarks he has made that have drawn criticism from government authorities.
For instance, in February, he tweeted that Kenya should not welcome Chinese “traders” there.
As Kenyan traders protested the China Square commercial complex, Kuria tweeted, “We welcome Chinese investors to Kenya but as manufacturers, not traders.”
Korir Sing’oei, principal secretary for foreign affairs, later tweeted in opposition to him, saying that “all actors, no matter their nationality- operating within the law should not suffer any apprehension,” which he then deleted.
Kuria asked the African Union to invade Sudan and “bomb Khartoum to smithereens” in his words about the ongoing conflict there, which Sing’oei also criticized. The assertions did not represent the government’s position, according to the Foreign Affairs PS.
