Sunday, August 7, 2011

Miguna saga far from over

By GAKUU MATHENGE

The suspension of Miguna Miguna by PS Mohamed Isahakia could mark the beginning of a protracted battle, than an end of a love-hate relationship, between the former and ODM top brass.
The big fall of Miguna, who was Prime Minister Raila Odinga’s advisor on coalition matters, may politically boomerang on ODM, and leave the party with egg on the face, unless he decides to cut a deal to fade away quietly.
Regardless of transgressions Miguna may have committed, he could still claim he was suspended illegally or irregularly in contravention of procedures and due process.
Civil service disciplinary regulations provide for warnings putting specific charges in writing, suspension and disciplinary procedures through the Public Service Commission.
Miguna has himself said he learnt of his alleged sins and punishment through the media.
Prof Larry Gumbe, an ODM member and former Centre for Multi-Party Democracy chairman says: “My view is Dr Isahakia could have achieved the same results without being seen to resort to impunity or summary dismissal without due process. They could have transferred him to another department, give warnings and send him to the PSC disciplinary tribunal before suspension. At the moment, he can go to court or Public Service Commission and lodge unfair dismissal claims”.
Letter by PS
According to the suspension letter signed by the PS made available to the media, Miguna was suspended over alleged misconduct: Refusal to sign local agreement forms despite several appeals to do so, harassment, Intimidation, and use of abusive language to colleagues and misrepresenting the office of the PM. ODM Chief Whip Jaoko Midiwo says Miguna has only himself to blame for the woes that have befallen him.
Midiwo says the party could not bear civil servants interfering in political affairs.
“The party had to impose discipline and more is coming. His actions of interfering with other autonomous departments and heads of institutions from the Speaker of National Assembly to the Independent Interim Electoral Commission were hurting us (ODM),” Midiwo said.

Taken long
He added: “It may have taken long to act but that does not mean there were no concerns. For instance, the party was concerned and embarrassed about his decision to fly to The Hague in April. Again, as a civil servant, it was uncalled for, besides causing insinuations that his actions represented the thinking of the party,” Midiwo said.
Former Chief of Protocol in the PM’s office Tony Gachoka, who also left in controversial circumstances for speaking out over a maize scam in 2009, says the Prime Minister does not act casually, but with purpose and caution.

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