Kosgey out on Sh2m bond as focus shifts to ODM wars

By Biketi Kikechi
Hours before Mr Henry Kosgey faced charges that could earn him ten years in jail, he stepped aside, triggering questions on what this means for Orange party and his future.
The jump from Cabinet also added up to the many faces of Kosgey the public knows. On the one hand he is the quiet, humble and non-controversial minister who the people of Tinderet have re-elected five times, but to his critics he represents the hard-nosed old politicians inherited from Kanu who are no stranger to accusations of corruption, abuse of office, or even impunity. As it was revealed by leaked WikiLeaks cables last month, that is what the American government sees him to be.

Tinderet MP Henry Kosgey after he was charged with 12 counts of abuse of office. He denied any wrongdoing and was released on a cash bail of Sh2 million pending hearing of the case in March. [PHOTO: EVANS HABIL/STANDARD]

Yesterday’s exit capped Kosgey’s turbulent month and given the way it ruffled and unsettled him, the court drama must be gravest puncture to his political wheel.
To make matters worse, the rude experience of being sought by police, day and night, for the journey to the cells, the day must have been like rubbing salt into the wound opened by his being listed as a crimes against humanity suspect by the International Criminal Court last month.
Interestingly, the hearing of his local case will begin in March when ICC is scheduled to rule whether he should be summoned to The Hague for trial.
Jumping the gun trained on him by President Kibaki and Prime Minister Raila Odinga, who would have forced him to step aside if he did not do so voluntarily, and to who he addressed his resignation, Kosgey’s quick decision also shook the political arena, more so because of where he could be headed.
There are those who believe he will stick with Raila in ODM where he is chairman and the PM party leader, or reluctantly embrace Mr William Ruto with whom he has been fighting turf wars in ODM and Rift Valley.
Interestingly both now have cases locally, are on Mr Luis Moreno-Ocampo’s list of six, and represent a political constituency to which Ruto and his Rift Valley loyalists are selling the perception Raila is to blame for their woes.
Coming four days into 2011, the New Year presented the Tinderet MP with, perhaps, the two toughest hurdles he will have to try and overcome since he entered Parliament in 1979.
It was not surprising he decided to step aside from Cabinet following abuse of office charges, but what confounded many is the speed and humility with which he did it. This is the first time in Kosgey’s illustrious career of over 30 years that he has been taken to court over corruption charges.
It is not, however, the first time he has had to grapple with claims of corruption and abuse of office though.
Stuck with a court case that may stretch through to 2012, Kosgey is now barred from holding public office and his prayer must be how to extricate himself from the corner Kenya Anti-Corruption Commission has boxed him into.
The speed with which his case of clearing importation of vehicles that were more than eight years old has also added fire to the speculations around him. "Looking at the time investigation and the decision to charge him have taken, Mr Amos Wako must have all of a sudden become an incredible worker to have managed this in a period with many holidays such as Christmas and New Year," said his lawyer Mr Julius Kemboy.
He added: "Wako and KACC are criminalising discretion, which Kosgey had and which cannot be a crime unless one subverts the whole idea with which it is given and use it to your enjoyment," argued Kemboy.
He added: "Many Ministers have done what he did. This one of those desperate acts people take when they want statistics. But the fight against corruption cannot be won by hauling people before court, but on the basis of convictions from evidence."
Kosgey is no ordinary politician, he is chairman of Kenya’s largest political party and is the senior-most elected Rift Valley politician seen to have been Raila’s Ruto checkmate in Rift Valley.
Kosgey’s resignation is a big blow to ODM in Rift Valley politics where a group of MPs led by Ruto are building a new political home.
Nyatike MP Omondi Anyanga, a Raila ally was among the first ODM leaders who spoke on Kosgey’s tribulations. "The way the country is going with the fight against corruption is not healthy… there is a lot of witch-hunt and people want to settle scores," said Anyanga.
Ruto’s allies also supported Kosgey, the most notable being Cherangany MP Joshua Kuttuny, a hawkish Ruto supporter. "Much as the Government has banned the importation of such vehicles, the Minister has discretion to exempt a person from the rules on special grounds," he argued.
Kuresoi MP Zakayo Cheruiyot another Ruto ally also supported Kosgey arguing he acted within the law and that there was no self-interest.
Kosgey’s exit leaves the PM with few influential friends in Rift Valley, having been preceded by the death of former Roads Minister Kipkalya Kones in October 2008.
The PM has fallen out with majority of MPs from the Kalenjin Rift Valley, leaving behind a few backbenchers and ministers in Mr Franklin Bett, Dr Sally Kosgei, Mrs Beatrice Kones and Mr Langat Magerer.
While Ruto pushed for a ‘No’ vote in last year’s constitutional referendum, Kosgey led the ‘Yes’ team.
Sources close to the minister said he could not reach the PM, who is in Ivory Coast, to inform him of his decision but was crestfallen when he learned Raila had welcomed his exit without questioning the circumstances.
Kosgey’s and Ruto’s exit from Cabinet leave behind two less experienced Ministers from the Rift — Prof Hellen Sambili and Bett — as well as Dr Sally Kosgei who is advantaged by being former Head of Civil Service. It is to Sally that Raila may now have to look up to for stewardship of the Rift bloc.
But Mr Henry Kosgey will most likely remain unshaken in Tinderet where he enjoys support because of his personalised approach to the electorate at village and household level.
His grass supporters stood behind him yesterday, led by Wareng County Council Chairman Paul Kiprop, Nandi Hills Town Council Chairman Paul Mugun, former Kapsabet Mayor David Ngetich and former councilor Augustine Saina. "Nothing has been done to those named in Anglo Leasing, scandals, Water and Immigration ministries among others," they said.