MPs disown report on Kibaki nominee

Committee on Finance, Planning and Trade vice chairman Prof Philip Kaloki. He led four other MPs in disowning a report that recommended the process of nominating the Controller of Budget be started afresh February 16, 2011. FILE 

By ALPHONCE SHIUNDU, ashiundu@ke.nationmedia.comPosted Wednesday, February 16 2011 at 12:58

In Summary

FINANCE PLANNING & TRADE MEMBERS
1.      Mr Chris Okemo (ODM) -Chairman
2.      Mr Lankas Ole Nkoidila (ODM)
3.      Mr Jakoyo Midiwo (ODM)
4.      Mr Ahmed Shakeel Shabbir (ODM)
5.      Mr Lukas Chepkitony (ODM)
6.      Mr Sammy Mwaita (ODM)
7.      Prof. Philip Kaloki (ODM-K)
8.      Mr Nelson Gaichuhie (PNU)
9.      Mr Musikari Kombo (PNU)
10.     Mr Lenny Kivuti (Safina)
11.     Mr Ntoitha M’Mithiaru (PNU

Five members of a House Committee have disowned a report that recommended the process of nominating the Controller of Budget be started afresh.

The MPs who sit on the Committee on Finance, Planning and Trade, said they were not given an opportunity to "confirm the final report" that was tabled in Parliament on Tuesday.

At a news conference in Parliament on Wednesday morning, the committee vice chairman, Prof Philip Kaloki (Kibwezi, ODM-K) led four MPs in trashing the report, which referred the nomination of Mr William Kirwa as Controller of Budget back to the principals for them to follow due process.

“The observations and recommendations are not a faithful record of the deliberations of the committee,” said Mr Kaloki, adding that the document was not circulated to all members for “final approval”.

“We did not have an opportunity to confirm the final report.”

The MP led his colleagues Nelson Gaichuhie (Subukia, PNU), Lucas Chepkitony (Keiyo North, ODM), Sammy Mwaita (Baringo Central, ODM) and Lenny Kivuti (Siakago, Safina) in saying that it was not the duty of the committee to deal with the constitutionality of the nominations.

The dissenting MPs are from PNU, ODM-K (a party allied to PNU) and also those from ODM who are against the leadership of Prime Minister Raila Odinga at the helm of the party

“The recommendation that the legal requirements regarding the nomination were not fulfilled has no basis. No such recommendation was arrived at as the committee found the entire nomination process constitutional,” said Mr Kaloki.

The dissenting committee members said that the document omitted the request of “majority” of members to vet the nominee. However, at the committee meetings held last with, which the Nation attended, the proposal to vet the nominee failed to fly because majority of the MPs—six—said that vetting the nominee will be similar to the committee endorsing the process leading up to his nomination.

When asked if they got the tabled report as it was being tabled, Mr Kivuti replied: “I don’t think any of the members got it”.

Mr Chepkitony then revealed that the committee’s intention was to seek the Speaker’s permission to shelve Tuesday’s tabling and have the report tabled a day later. This, he said, was for the MPs to ensure that whatever changes they’d made to the draft report were included in the final meeting. But that did not happen.

“We never saw the final report,” said Mr Chepkitony.

The five added that the Commission for the Implementation of the Constitution, did not term the nomination of the Controller of Budget as unconstitutional, “but only that of the Chief Justice”. But during its presentation, the CIC said all constitutional offices require competitive recruitment.

The CIC, in its presentation attached to the report tabled in Parliament noted that “the process of appointment should also reflect the letter and spirit of the Constitution".

This letter and spirit, the CIC said, includes public participation and non-discrimination.

But as the five MPs distanced themselves from the findings and verdict of the report tabled by the chairman Chris Okemo (Nambale, ODM), two of their colleagues —Jakoyo Midiwo (Gem, ODM) and Nkoidila ole Lankas (Narok South, ODM) who claimed to be speaking for the majority of the 11-member committee—accused the five of being “dishonest”.

The two alluded to a “night meeting” attended by the five, in which the decision to trash the report was reached.

Their sentiments were echoed by Shakeel Shabbir (Kisumu Town East, ODM) who alleged that a senior minister in the PNU wing had hosted the five and given them the money.

The Nation could not immediately verify these claims, but when the five were asked if they were under any duress they said no.

“We are not under any duress. This statement is given with due respect…we don’t want to mislead the public,” Prof Kaloki replied.

However, Mr Midiwo showed minutes of the Tuesday meeting in which the report was adopted showing that it was Mr Midiwo who proposed the adoption of the report and his proposal was seconded by Prof Kaloki. About the turn-around, Prof Kaloki, insisted that it’s because the views of five of them were not included.

In the minutes, tabled before the House together with the report, it is clear that the “committee unanimously adopted its report on the nomination of the Office of the Controller of Budget". There’s no record of dissent.

The five MPs said a “minority report” will be coming. Though they claimed to be the “majority” it was clear that they were outnumbered by their colleagues.

“Which majority are they talking about? They had all the time yesterday to disown the report on the floor of the House, where you’re paid handsomely to talk. None of them was man enough to stand up and speak,” said Mr Midiwo.

He then let the media in on the closed-door deliberations of the committee’s last meeting on Tuesday, saying that the team haggled about the words to use.

The five, Mr Midiwo said, insisted that the word “unconstitutionality” should not be used.

“We had to meet them half-way and say “stringent legal requirements”, and that can only mean the Constitution,” he added.

He insisted that some of the MPs skipped the Naivasha retreat to iron out the thorny issues in the compilation of the report.

“It is immoral and irresponsible to skip committee meetings and come to speak to the media after a night meeting. That’s very wrong,” Mr Midiwo, also, the ODM chief whip said.

“(The Head of Civil Service, Mr Francis) Muthaura said they advised the principals to advertise and they were overruled. What does that mean? It means (President) Kibaki broke the law,” he said.

Mr Lankas was angry at his colleagues and accused them of betrayal.

“All along, during our meetings, we finished on a good note that we’re together. Now, it’s very hurting when a honourable member stands before cameras, in the public view, and disowns their own report.

"The worst part is that the vice-chairman (Prof Kaloki) who seconded it is also part of the group…it’s the highest degree of dishonesty,” said Mr Lankas. “They went to a meeting last night and that’s why they’ve changed their positions.”

He added: “The issues they’re raising are very flimsy. I don’t want to call them liars but they’re very dishonest to themselves, to the country and that’s the wrong way of doing things.”