Who is next in line?

By Standard Team

After Foreign Affairs Minister Moses Wetangula’s bitter exit to make way for investigations into controversial purchases and property disposal in his ministry, nine ministers could be next on line. Focus turned on the ministers and other State officials whose offices are under probe as the oversight role of Parliament’s investigating and departmental committees also got scrutinised and questions asked about their work. MPs were divided over resignations on account of taking ‘political responsibility’ for mistakes of other officers. The exits are meant to clear way for unfettered investigations.

The ministers could also be dragged through the humbling rigour of defending themselves against claims of corruption and other suspect deals in their ministries in House committees through which Parliament scrutinises contracts and complaints of abuse of office, imprudent management of public affairs, and misuse of public funds.

The nine ministers who may not necessarily have been directly involved will be made to account for the dealings that took place in their ministries and on which the House holds them accountable. The ministers include Deputy Prime Minister, Musalia Mudavadi, in relation to the Nairobi City Council’s Sh283 million-cemetery saga, under his Local Government ministry. Several State officials, lawyers, businessmen Mayor Geoffrey Majiwa are facing criminal charges in court over the scam.

When the cemetery storm fell, Mr Mudavadi fought off claims he was a recipient of part of the money, as claimed by Kenya Anti-Corruption Commission. Local Authorities Committee is about to conclude a report on the scandal.

Mudavadi sued KACC, but the anti-graft agency went ahead to prosecute top officials, among them suspended PS, Sammy Kirui. Because of the court case this probe is partly sub judice. But the committee chaired by Wajir North MP, Muhamed Gabow, is said to be closing in on key officials at the ministry and increasing pressure on Mudavadi. Parliament usually argues its operations are independent of the Judiciary and the Executive.

Also on the MPs’ radar are Cabinet Ministers Amos Kimunya and Ali Chirau Mwakwere over the concessioning of Kenya Railways to the Rift Valley Railways Consortium.

Justice Minister Mutula Kilonzo is also on watch in relation to a standing recommendation by Public Investments Committee over what it deems irregular Sh150 million legal fees he collected from the National Social Security Fund in 1990s.

PIC, it is reported, intends to update the recommendation to surcharge Mutula, who is a lead actor in judicial reforms and war on impunity. The 17th report is expected before the end of next month.

In the 16th Report, PIC recommended the investigation and prosecution of Mwakwere, who was the Transport minister, and Kimunya then the Finance minister, over the collapsed concessioning of KR in which it reports the ‘lucky’ South African firm involved injected on Sh16,800.

The report also indicts Finance Secretary, Joseph Kinyua, and Investment Secretary, Esther Koimett, for allegedly abetting fraudulent transfer of KR operations, or failing to exercise due diligence before signing the deal. Though the PIC findings are not new, and despite KACC probing the KR affair, matters could get complicated for the two ministers and State officials if Parliament makes true its word to return to it.

Fraud charges

Interestingly, PIC chairman Mithika Linturi and Agriculture Committee Chairman John Mututho, who are leading most of the probes on ministers, are themselves grappling with fraud charges.

Mututho argues House committees are only achieving 10 per cent of their mandate. "When we do 100 per cent, there will be a lot of crying."

He was referring to upcoming reports by his committee. He also argues the Executive is scared of an assertive Parliament.

Local Authorities and Fund Account Committee chairman, Thomas Mwadeghu, says committees, "are within their mandate. They have the right to bring out anything that serves public interest".

Defence and Foreign Relations Committee chairman, Aden Keynan, who led the attack on Wetangula, said Kenya needs more of these committees. Gwassi MP, John Mbadi, who sits on the Public Accounts Committee, wants ‘political responsibility’ defined to avert abuse and unnecessary crucifixion of ministers.

It also emerged PIC is also yet to finish its investigations into the troubled expansion of the Kenya Pipeline Corporation. The investigation is said to be causing anxiety at the Ministry of Energy now, although the project was began before the 2007 General Election. The minister here is Kiraitu Murungi; the PS is Patrick Nyoike, while the MD is Selest Kilanda.

According to reliable reports from within PIC, the committee is zeroing in on key officials believed to have varied specifications of the expansion of the pipeline from Mombasa, through Nairobi to Eldoret by installing a 400- milimetre pipe instead of 800- milimetre one. In the process, the MPs claim, President Kibaki was duped into commissioning an Sh8.5 billion white elephant with half the stated capacity.

The Administration and National Security House Committee is also set to conclude a probe on movement and use of money for the resettlement of Internally Displaced Persons, which was rocked by controversy and claims of corruption. The Special Programmes Ministry was then under Naomi Shabaan, who is now in the Gender ministry.

Irrigation funds

Agriculture and Co-operatives Committee, which audits six ministries and dozens of parastatals, says several ministers are under its scrutiny in its investigation into Harambee Savings and Co-operative Society. Kenya Planters Co-operative Union, Kenya Co-operative Creameries and troubled Agriculture Development Corporation fall under this committee. Co-operatives Development minister Joe Nyagah has often come under attack by various interests and MPs over his management of the sector.

Attorney General Amos Wako has also been at the centre of accusations and counter-accusations over transactions at the Sacco.

On ADC the committee is investigating alleged disappearance of 8,000 head of cattle, land, and other assets.

The Committee on Equal Opportunities is also investigating distribution of irrigation funds. Charity Ngilu is the Water minister in charge of irrigation. The 16th Report of PIC also recommends a criminal probe of Justice Mathew Anyara Emukule over an alleged misappropriation of Sh2million, and a land title when he acted for a sugar and agro-chemicals firm in Nyanza between 1987 and 2000.