Why Cabinet is no longer at ease

By Martin Mutua

Cabinet ministers are no longer at ease. The unfolding events that have seen two of their own hounded out of office in corruption related claims have sent shivers down their spines.

We can reveal today that the matter came up for discussion during the Cabinet meeting on Thursday chaired by President Kibaki, and ministers are looking for ways to stop Parliament from unfairly running them out of office. The Cabinet seems to have been caught unawares by a Parliament that has hit the ground running, with the stringent provisions of the new Constitution. And to strategise on this, sources who attended the Thursday meeting said several ministers were at a loss on when they should take political responsibility on financial impropriety in their ministries, and yet they were not the accounting officers.

And the Kenya Anti-Corruption Commission chairman Patrick Lumumba added pressure on Cabinet members yesterday, when he revealed four of them and 45 senior heads of parastatals are being investigated over allegations of graft.

At the Thursday Cabinet meeting, deliberations centered on the fact that the Executive is disadvantage because whereas Parliament is enjoying the full rights accorded to it by the new Constitution, ministers do not exercise the powers of Cabinet secretaries.

Unlike in the new Constitution where Cabinet secretaries will effectively be in charge of ministries, the current arrangement has ministers as the political heads directing policy while permanent secretaries are the accounting officers.

Multiple sources privy to the Cabinet proceedings intimated that in light of the new Constitution, Parliament, particularly the departmental committees, had been given powers similar to those of the High Court and could therefore summon and investigate ministers.

Two-Day Retreat

"It was decided that there was need for the Cabinet to be taken through civic education on the way to use institutions like the Kenya Anti-Corruption commission, and Controller and Auditor General efficiently and effectively," added a minister who cannot be named because Cabinet discussions are confidential.

A retreat was planned for November 12 and 13 for the ministers to understand the articles of the new Constitution on daily operations. The Cabinet will also during the two-day retreat deliberate on the newfound muscle by the Legislature.

Yesterday, some ministers raised issues with the way Parliament has been conducting its affairs. Energy Minister Kiraitu Murungi took issue with the way departmental committees have been ‘condemning’ ministers even before investigations.

On his part Trade Minister Chirau Mwakwere said the fight against corruption should be devoid of witch hunting.

"I am ready to join fellow legislators in fighting corruption. However, the fight should not be used by MPs to malign others or settle political scores," Mwakwere said, in an interview with The Standard On Saturday.

These concerns come two days after Foreign Affairs Minister Moses Wetang’ula was forced to step aside over allegations of financial impropriety in the sale and purchase of properties in five missions abroad.

A fortnight ago, Higher Education Minister William Ruto was suspended from the Cabinet after a constitutional case he had filed seeking to stop Sh96 million-fraud case against him was dismissed.

Dr Lumumba said that his Commission was closing in on the personalities who had been implicated in various scandals, including the misappropriation of funds meant for the resettlement of Internally Displaced Persons.

And although he did not reveal details of the suspects, Lumumba added that those found culpable would be held to account

"We are investigating very senior public officials whose names we can’t disclose at this stage, but we shall in the fullness of time. Investigations are not a hundred metres sprint, we do our best, do it well, and refuse to be cornered by giving timelines," Lumumba said.

"The IDPs scandal is one of the cases we are looking into," he said.

The Minister for Gender Naomi Shaban was at Special Programmes when cash meant for IDP was misappropriated. However, there was an inter-ministerial team that was tasked with the responsibility of resettling the people who were displaced during post-election violence.

Lumumba added that he was confident once his commission concluded its investigations and handed over the recommendations to the Attorney General, the suspects would be charged.

Anglo Leasing Case

"I have no doubt in my mind that everybody who is enjoined in the Constitution to behave, would behave in accordance with the Constitution. I also hope that this time round we will investigate effectively, the courts will act effectively, and justice will be served effectively," he said.

Lumumba further reiterated his past remarks saying KACC had re-opened investigations into the Anglo Leasing and Goldenberg scandals.

"But remember that there are individuals who have already been charged in the Anglo Leasing case, and remember also that there are permanent secretaries who are already charged in the Goldenberg case. We think we are on the right track," he said.

KACC has also sought assistance from the United States, Swiss authorities and the UK’s Serious Fraud Office, for the repatriation of billions of shillings stashed abroad.

Speaking separately, Information Minister Samuel Phogisio termed the on-going war on corruption as one that will destroy the country’s future leadership.

The minister said the course the graft war had taken showed it would finish political careers in the name of implementing the new Constitution.

"By saying so does not mean I condone corruption but we must bear in mind that we are all human, and need to approach the requirement on integrity of our leaders with a sober mind," Phogisio said.

The Kacheliba MP called for divine intervention in the fight against corruption, saying many more people were likely to be netted if the war was genuinely executed.

In a thin-veiled defense of Ruto, Phogisio wondered where angels would be sourced from to run public offices.

"Let us not stick to condemnation of our leaders while nurturing none to take over leadership," he said.