Higher Education Minister William Ruto has declared he won’t resign, saying there are no new investigations facing him.
This will effectively leave his fate in the hands of President Kibaki and Prime Minister Raila Odinga, who will have to decide on whether to suspend or retain him.
They would, however, have to navigate the matter carefully since for one, he was appointed to the Cabinet in 2008, when the case was already in court.
They may also have to take on board political considerations because Ruto commands a huge following among the Kalenjin, as evidenced during campaigns in the run-up to the August 4 referendum on the constitution.
Whereas the President may not want to upset the minister’s supporters ahead of his succession plans for PNU, Raila has been reaching out to the Rift Valley to bridge the divide, and may not want to embolden his critics there.
While addressing a press conference at his office on Sunday, Ruto blamed political opponents he did not name for allegedly attempting to drag his name in mud.
“There is a propensity to try to get rid of me and I do not know why,” he said, adding his conscience and mind were ‘absolutely’ clear and that he was used to being targeted.
It was not clear whom Ruto was alluding to, but the minister has had serious differences with Raila – his political ally-turned-rival – on Cabinet appointments, the Mau resettlement programme, and the new Constitution.
Raila suspended Ruto for another fraud allegation over the purchase of maize from National Cereals and Produce Board stores, early this year.
The sacking was, however, reversed by President Kibaki after State House announced there was only one appointing authority.
On Saturday, Ruto said the Sh96 million fraud charges, which he now has to face after losing a constitutional reference case, are not new and that he was not facing any fresh charges.
“What new thing is there that would make me take a different position now?” Ruto asked, during the press conference at his Jogoo House office on Saturday, soon after arriving from Japan, on an official trip.
He said he would still be in office until the case is heard and determined. Ruto said the new Constitution did not change the principle that one is deemed innocent until proved guilty.
He said the Anti-Corruption and Economic Crimes Act, which disqualifies people facing criminal charges from holding office, did not prevent him from being sworn-in as minister after the promulgation of the new Constitution.
He said he became a public officer when he was elected MP and that when he ran in 2007 and was appointed minister in 2008; the case was still in court.
“To me it is not a long time to wait. I am sure the case will be determined one way or another,” Ruto said.
Questions many Kenyans were asking include what will happen to the minister now that he has declared he would not resign.
What is certain though is that pressure will, this week, be mounted on both the President and the Prime Minister to suspend the minister.
Political analysts, however, told The Standard on Sunday Ruto is not a pushover and he will definitely put up a brave fight.
Ruto warned on Saturday that those who were hounding him would one day pay. Ruto said losing the case did not surprise him because it had become part of his 13-year political career.
The High Court on Friday ruled that Ruto would have to face the Sh96 million-fraud charge brought against him.
The minister was charged with Baringo Central Sammy Mwaita and businessman Joshua Kulei in 2004 for fraudulently obtaining Sh96 million from Kenya Pipeline Company allegedly claiming that he could sell to it land in Ngong forest.
Gichugu MP Martha Karua had unsuccessfully, after the promulgation of the new Constitution, sought to block Cabinet ministers whose integrity had come under question from being sworn-in.
It is, however, strange that President Kibaki and Raila appointed the minister in 2008, four years after the case had been filed and the law was fully operational.
Ruto also alleged that those who took him to court had a political motive and that the case had taken an unusually long time.
“There have been inordinate delays because of the politics of the case. When the case was taken in 2004, I expected it would take a year or so, but it took four-and-a-half years to get judges to take up the case,” Ruto claimed.
He said it has taken one year for the judgement to be made.
“But the issue at hand here is that I am innocent,” he said, and wondered why those who benefited from the transaction have not been dragged to court.
He claimed that the Ministry of Land had issued a title deed, but neither the ministry nor the Kenya Pipeline Company officials have faced any charges.
“The people who issued the title deed and those who received the money are not denying it. The question I am asking myself is, why Ruto is in court?” he posed, adding that those involved in the transaction have never denied involvement.
He also said he has not received even a single penny from the transaction and asked why he should be targeted for the five when there are 100 acres involved.
He said the money in the transaction was not paid in cash, but in cheque arguing that it was thus easy to trace those who benefited.
The Anti-Corruption and Economic Crimes Act disqualifies people facing criminal charges from holding public office, which means that Ruto has to be cleared of the charges before 2012.
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