Thursday, December 9, 2010

MPs’ team tells Michuki to quit over Artur saga


The report is explicit that Mr John Michuki, who was the Internal Security minister at the time, “should not hold public office”. Photo/FILE
 
By ALPHONCE SHIUNDU ashiundu@ke.nationmedia.comPosted Wednesday, December 8 2010 at 22:30

A Cabinet minister could be forced to resign following the adoption of a report on the criminal activities of the Artur brothers by Parliament.
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Others targeted for censure by the parliamentary inquest include Public Service head Francis Muthaura, Mr Stanley Murage, a former presidential adviser, former CID director Joseph Kamau, businesswoman Mary Wambui, her daughter Winnie Wangui and businessman Raju Sanghani.
The Armenians — Artur Margaryan and Artur Sargsyan — were accused of a catalogue of crimes during their brief stay in Kenya in 2006, including assaulting a Customs official at the Jomo Kenyatta airport and leading a raid on the offices of the Standard Group.
The report is explicit that Mr John Michuki, who was the Internal Security minister at the time, and Mr Murage “should not hold public office” and that they should be prosecuted for their role in the Standard Group raid and for condoning illegal activities of the Armenians.
And MPs piled on the pressure during debate on Wednesday. “The minister (Mr Michuki) must resign immediately when we pass this report today,” said Ainamoi MP Benjamin Langat.
“Whoever did anything wrong ought to be punished. But I do not see any direct evidence linking the Head of State in the report. It is the people around him,” said Ms Martha Karua, a former Justice minister, whose own attempt to stop the inquest came under scrutiny.
Nominated MP Rachel Shebesh said the report was a reminder that “impunity was alive in the country” and accused Mr Michuki of perpetuating it, when he made his infamous rebuttal to the media at the time that “if you rattle a snake, you must be prepared to be bitten”.
The ball of the implementation of the report is now in the court of the Executive. Apart from the lone ‘No’ from Justice Minister Mutula Kilonzo, the only Cabinet minister who was in the House when the report was put to a verbal vote, all other MPs, including assistant ministers, voted for its adoption.
Mr Gitobu Imanyara reintroduced the report in the House and rallied MPs to adopt it. He criticised Mr Kilinzi saying, “he obviously lived in another era” and not that of the new Constitution.
Mr Kilonzo had called for Parliament to stay the adoption of the report saying it “raises more questions than answers” and that it was a “comedy of errors”.
The report adversely mentions Mr Michuki (current Environment minister) for his role in shielding the gun-toting pair, and even giving them a lead role in the raid on the Standard Group offices, printing press and KTN studios.
The enforcing of the report will be monitored by Parliament’s Implementation Committee, whose operation mode means it has to be effected within 60 days, failing which sanctions are placed on the Executive, unless an extension is sought.
However, there has been no evidence in the recent past of the powers of this committee — to show that it can compel the Executive — since the new Standing Orders came into force on April 21, 2009.
Similarly, because the report has been adopted under a new Constitution, which gives a tighter threshold of integrity, those adversely mentioned may be forced to step down to comply with the chapter on Leadership and Integrity.
On Wednesday, MPs were angry at the impunity exhibited by the Arturs’ scandal.
Standard’s compensation
The lawmakers were agreed in their contributions — though this is not among the recommendations — that the Standard Group ought to be compensated, by the government, for the damage and theft of equipment, and the harassment of staff.
Ms Karua was on the spot for what the committee said was her attempts to “stop investigations” on the “spurious ground” that Parliament ought not to carry on with the investigations because the Executive had set up a commission of inquiry.
Ms Karua admitted writing to then National Assembly Speaker Francis ole Kaparo, but said her argument was on “the sequencing”. She supported the adoption of the report with “reservations” saying her name was not in its recommendations.

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