Margaret Zziwa has been accused of abuse of office. FILE PHOTO | NATION MEDIA GROUP
What you need to know:
Ms Zziwa had on November 27 stated through her advocates that she will not vacate office until advised by the EAC counsel.
EALA members during their last sittings in Nairobi last month reintroduced the censure motion, which the Speaker termed illegal. Following the reintroduction of the censure motion, Ms Zziwa was suspended by the members to allow investigations into accusation of abuse of office and incompetence.
She also claims that her suspension was instigated by EAC Secretary General Richard Sezibera.
The fate of Margaret Zziwa has been sealed after the East African Community Counsel endorsed the process that suspended her as regional Assembly’s Speaker.
In a letter dated November 30 and addressed to Ms Zziwa’s lawyers — Kampala Associated Advocates — EAC Attorney General Wilbert Kaahwa stated that due process for her suspension was followed.
The letter was copied to the EAC Secretary-General Richard Sezibera and EALA Members of Parliament.
Mr Kaahwa told Ms Zziwa to vacate office to pave the way for investigations into allegations, which have been levelled against her.
“I have therefore advised her through you (Zziwa’s advocates) to consider the bigger picture, take responsibility and accede to the investigations to clear her name and obviate a situation where the Assembly may be constrained into further unnecessary malfunctioning,” reads the counsel’s letter.
Ms Zziwa had on November 27 stated through her advocates that she will not vacate office until advised by the EAC counsel.
Mr Kaahwa defended the Clerk and Members of the Assembly against claims that they acted contrary to the rules of the House in the removal of Ms Zziwa from office.
“Since the Assembly in June did not handle the motion systematically to its conclusion in accordance to Rule 9... the motion remained in the House awaiting disposal. The motion could not simply be deemed to have collapsed by the fact that three members who initially signed a resolution that gave rise to the motion had later withdrawn their signatures. The procedure for the withdrawal of the motions once moved as provided in rule 34 had not been followed,” Mr Kaahwa added.
EALA members during their last sittings in Nairobi last month reintroduced the censure motion, which the Speaker termed illegal. Following the reintroduction of the censure motion, Ms Zziwa was suspended by the members to allow investigations into accusation of abuse of office and incompetence.
According to Kenya’s EALA representative Abubakar Ogle, the investigations against Ms Zziwa by the Committee on Legal, Rules and Privileges are ongoing and the members of the committee are drafting charges against the Ms Zziwa some of which include incompetence, arrogance and mismanagement.
“It is expected that the committee will finalise their investigations then write to the Speaker to appear before it in person or through her lawyer to defend herself. This will then generate an investigation process,” said Mr Ogle.
The report findings, Mr Ogle said, will be brought to the House for debate within 21 days.
In the event that the Speaker does not appear before the committee, the report will be tabled immediately for debate.
“Majority of the members are tired of her presiding over the proceedings of the House. We need someone who can lead us properly and in a respectful manner,” said Mr Ogle.
However, Ms Zziwa has remained defiant, saying House rules must be followed to remove her from office.
“We cannot be the ones making the laws and at the same time not following them as required by the EAC Treaty, then we will be leading by bad example,” said Ms Zziwa.
“As per the Rule 9 of the Assembly, the members are supposed to write the charges afresh, seek at least three signatures from members of each partner states then forward it to the Clerk who should then present it to the House after seven days.”
“There have been a lot of blackmailing and intimidation among the members on this matter which is very wrong,” she noted.
Ms Zziwa said although she is ready to respond to the letter from the Legal Committee, she feels that the report will be biased because the chair of the committee Dora Byamukama, is an interested party because she was a contestant for the position of the Speaker in last elections.
She also claimed that her suspension was instigated by EAC Secretary General Richard Sezibera.
