MPs lack will to end graft, says Mutula

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By WALTER MENYA wmenya@ke.nationmedia.com
Posted  Monday, December 26  2011 at  22:30

Justice and Constitutional affairs minister Mutula Kilonzo on Monday accused ministers and MPs of lacking the will to fight corruption.

He said the law establishing the agency to fight graft and enhance accountability in public offices was too weak to bear any results.

The minister said Parliament watered down the Bill creating the Ethics and Anti-Corruption Commission (EACC), resulting in a toothless watchdog. (READ: Kenya MPs in new plot to block anti-graft nominees)

“The ongoing shenanigans on the EACC nominees are no longer about anti-corruption. We need the commission. But we need an anti-corruption law with passion and more teeth,” said Mr Kilonzo.

The Bill, he said, granted the anti-graft body prosecutorial powers, but MPs deleted the provision.

“I have been avoiding the ongoing debate because the Commission’s structure is completely defective and the law itself is fundamentally flawed.

“If you want to fight corruption in this country, EACC must be given teeth to bite. Even if (Mumo)Matemu was appointed to the Commission, it would just be wasting money.”

Clause 11(d) of the Bill gave the Commission powers to investigate and recommend to the director of public prosecutions any acts of corruption or violation of codes of ethics. If the DPP did not act within a specified period of time, EACC could move to court.

Passed at the time MPs were rushing to meet the August 27 deadline, Mr Kilonzo said: “We took a wrong turn on the floor of the house when we mutilated the original Bill that I tabled. As a politician I would say that there are very few people in Kenya with a passion to fight corruption.”“Anybody who wanted to fight corruption should have passed the Bill as I had tabled it, but Parliament killed EACC. If you want to fight corruption you must give the body charged with that responsibility the teeth to bite,” he said.

Meanwhile, the secretary of the Supreme Council of Kenya Muslims Mr Adan Wachu and civil society activists Ken Wafula and Ndung’u Wainaina called on the nominees — Mr Matemu, Ms Irene Keino and Prof Jane Onsongo — to withdraw so that the process can start afresh.

“Kenyans have been cheated. There has never existed the political will to fight corruption because the politicians themselves are beneficiaries of corruption,” said Mr Wafula.

President Kibaki and Prime Minister Raila Odinga nominated the three to lead the reconstituted agency, but a parliamentary committee found them unfit for the posts.

However, MPs voted against the report opposing their appointment, paving way for the House to debate their suitability afresh when it resumes next year.

The new body replaced the Kenya Anti-Corruption Commission which was headed by Prof Patrick Lumumba assisted by Mr Pravin Bowry, Prof Jane Onsongo and Mr John Mutonyi.

They left office in September after Parliament passed the EACC Bill and recommended appointment of a new team to lead the agency.