The Standard | Top Civil Servants ready to resign

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By Mutinda Mwanzia

Top public servants planning to join politics say they will resign, but not before January 13 when the High Court will rule on a dispute on whether the General Election should be in August or December.

If the High Court rules in favour of August — and given that the new elections rule requires civil servants to quit public office seven months to the polls — many will resign immediately thereafter.

Should the court pick December, they senior State officials will have to quit before April. It is with this

Education PS Prof James Kiyiapi (right) who will vie for the presidency in 2012. City Council of Nairobi Town Clerk Philip Kisia (left)is gunning for the Nairobi Governor’s seat [PHOTO: /STANDARD]

in mind that sources in Government reveal the Head of the Civil Service, Mr Francis Muthaura and his team are already discussinghow to fill the offices that will fall vacant, given the high number of those expected to leave for politics.

Indeed in June, Muthaura penned a circular to public servants reminding them of the new elections rule.

It is said the number of people expected to leave top public offices will be high and unprecedented, and that is why there is already concern about how to fill up the positions, as the exact numbers remain unknown because some are either undecided, or have chosen to remain secretive regarding their ambitions.

There is also concern among the Muthaura team that those who will be seeking parliamentary, governor and senatorial seats could be too busy canvassing for their positions to pay attention to their work. It is believed many Permanent Secretaries have been asked to stop campaigning in public, and to wait until they will have left office.

Demand is unfair

The urgency of quitting in time to meet the Constitutional seven-month decree was shown last week when the Independent Electoral and Boundaries Commission (IEBC) asked public servants, including university dons and board members gunning for political seats to resign by January 14.

This is to ensure they comply with the elections rule should the High Court back an August date for the polls. Some of the aspirants, however, say this demand is unfair to them because they may resign only for the court to pick December for the General Election.

The Standard established that among those ready to leave office are Education Permanent Secretary, Prof James Ole Kiyiapi who plans to run for presidency, Mr Kenneth Lusaka (Livestock) for Governor of Bungoma County, and Mr Emanuel Kisombe (PS Immigration). Also said to be eyeing an elective post in Central Province is a top official of Kenya Revenue Authority.

Forestry and Wildlife PS Mr Mohamed Wamwachai, who is aspiring to be Kwale County Governor, said there is no clear communication on the issue of resigning.

"We cannot go by what was reported in the media. We have not received official communication on this matter and therefore I cannot say much about it," Wamwachai noted.

Also planning to leave is Mr Benjamin Cheboi, the Chief Executive of the Higher Education LoansBoard (HELB) who is eyeing the Governor’s seat in Baringo County.

Kiyiapi told The Standard he too was anxiously waiting for the High Court decision before deciding when to resign.

"If the law requires that I have to quit the office seven months before elections, then I am ready to do so. If elections are still in August, then I will vacate office before January 14," said Kiyiapi.

"But if the courts decide the elections be carried out in December, then that will give me some breathing space to continue serving the nation as a PS," he added.

Though Lusaka has in the past said he has not made up his mind on joining politics, at the grassroots level his name features among the leading contenders.

"It is good to see that they have ...but I will make that decision at the right time because I’m nowfocused on my job as PS," said Lusaka.

Others being touted for elective posts, but who are yet to personally declare their interests are three senior civil servants in Ministries of Internal Security, Foreign Affairs and Housing.

The first two have been touted for the position of Governor in Nyandarua County while the public servant from the Ministry of Housing is gunning for a similar position in Uasin Gishu.

Cheboi believes IEBC should have waited for the controversy on when the next elections will be held to be resolved before making the announcement. He revealed that once the date is known, he would comply with the directive.

"If it is decided that the elections would be held in August then I will do as required," he added.

He, however, said the requirement was discriminatory as it has exempted other public servants like Ministers who will also be participating in the elections, and have access to public resources.

Mr Simon Kiprono Chelugui, who has just stopped serving as a director with National Constituency Development Fund Board, and who, like Cheboi, is interested in being Baringo County’s first Governor, said he did not renew his contract when it ended in December in compliance with the Constitutional requirement.

Central Provincial Commissioner Mr Japhter Kiplimo Rugut, who is touted for the Nandi County Governor, but has not declared his intentions, backs the new elections rule.

"The order is good because civil servants may use their office to campaign," said Rugut.

Have to quit

Mr Washington Mugambi, a senior engineer at Kenya Rural Roads Authority, who is planning to run for Governor’s post in Meru said: "I will comply with the law but I will consult my lawyers since the employer requires me to give a three-months notice".

Mr Joseph Tiampati, the General Manager of National Social Security Fund, who is planning to run for Governor in Narok County, said it is unfair to tell civil servants to quit before the elections date is determined.

Former Cabinet minister Julius Sunkuli, who is Kenya’s ambassador in China, has also declared his interest in the Narok Governor’s seat, while his counterpart in Australia, former Assistant minister Stephen Tarus will be going all out for the Governorship of Nandi County.

Former Rondo MP, Mr Ochillo Ayacko, who is the executive chairman of Nuclear Energy Commission, and the chairman of the Communications Commission of Kenya, Mr Philip Okundi are also expected to resign and hit the campaign trail.

City Council of Nairobi Town Clerk Philip Kisia, who is gunning for the Nairobi Governor’s seat, is among those serving in various local authorities that are expected to adhere to the IEBC directive.

Former Kandara MP Joshua Toro, who is a director at the Kenya National Highways Authority, will also have to quit as he has declared his interest to be Governor of Murang’a County, while a director at the Ministry of Foreign Affairs is being touted for the Governor’s seat in Kirinyaga.

Kisombe and Mr Richard Tairo, a manager at Kenya Oil Refineries, also argue the election date should first be determined before they are asked to leave. But they said they are ready once this is settled.

Mr Simon Mwero Mkalla who is aspiring to be Kwale County Governor said: "Since the matter of the election date is still in court we are waiting for the outcome before making the next move."