Monday, January 16, 2012

Ministers lobby for top posts before polls



By Luke Anami and Ally Jamah

Lobbying for plum government jobs has intensified among ministers and permanent secretaries ahead of the General Election.
Some plum positions have fallen vacant, while others are overdue for appointment.
In Kenya’s corrupt political system, such lobbying has in the past been partly fuelled by the fact that some politicians wrongly regarded State corporations as a means of financing their political campaigns through procurement contracts.
Even today, the stakes are so high that some ministers have invoked anti-corruption laws to trigger investigations of chief executives of parastatals over alleged impropriety. The position of the Inspector General, his two deputies and that of the Director of CID should be filled by September 2011. The Inspector General will be in charge of both the regular and Administration Police totaling 80,000 officers.
The appointment process stalled after the terms of National Police Service Commission (NPSC) chairman Mr Hassan Omar and Kenya National Human Rights counterpart Mr Okong’o O’Mogeni expired.
Internal Security Minister Prof George Saitoti, says process of appointing the Inspector General should be over by March.
Expressed concern
The post of the Director General of the National Environmental Management Authority (Nema) remains unfilled one and-a-half years after its previous occupant departed from office. The Nema board led by Former Speaker of Parliament Mr Francis ole Kaparo conducted interviews for the post and shortlisted three candidates to head the agency in November 2011.The names were forwarded to Environment Minister Mr John Michuki for onward transmission to President Kibaki for appointment, but they have not reached his in-tray as confirmed by Environment PS Mohammed Ali.
Consumer Federation of Kenya (Cofek) has expressed concern over the delay saying political interference could be at play.
"Nema has been without a substantive Director General for more than one and-a-half years. Why is it taking too long for the names of short-listed candidates to be forwarded to the President? Is somebody trying to tamper with the list?" asked Cofek chief executive officer Stephen Mutoro. But the PS downplayed concerns over the delay saying the Ministry is still counter-checking whether the interviews conducted by the Nema board were fair and transparent.
"We are also reviewing the candidates to ascertain whether they meet constitutional requirements for the office. Once we are satisfied, we will forward the names to the appointing authority," he said.
The current acting Director General Mr Ayub Macharia, is said to be Michuki’s favourite, but failed to make the shortlist by the Nema board since he lacks the 15 years experience required to run the institution.
Smooth sailing
Among the candidates shortlisted are Prof Jacob Kibwage who is the Dean of the School of Environment and Natural Resources Management at the University of Nairobi’s South Eastern University College.
Another is Dr Abdirizak Nunow, a specialist in human ecology and social studies and lecturer at Moi University. Kenya Bureau of Standards (Kebs) finally has CEO in Ms Evah Oduor, although her appointment was hardly smooth sailing.
She took over after her predecessor Mr Joseph Koskei was removed without earning a penny over claims that suspended Industrialisation Minister Mr Henry Kosgey irregularly appointed him. After 10 months in office, with no salary for the entire period, Minister Amason Kingi sent Koskei home, ostensibly "to correct the anomaly".
It is only three weeks ago that Ms Oduor’s appointment was finally confirmed, amid complaints.
Mr Samuel Poghisio, Minister for Information and Communication also did not escape scrutiny after the High Court nullified the appointment of Mr Charles Njoroge as the Director General of the Communications Commission of Kenya (CCK) last year, until a case filed by Cofek is heard and determined.
High Court judge Justice David Maraga went a step further and directed the CCK Board and Poghisio to appoint a Director General in an acting capacity, until the row is resolved. Cofek through its lawyer Mr Henry Kurauka, had wanted Njoroge’s appointment quashed on grounds that Poghisio ignored the CCK board’s stand and renewed Njoroge’s contract for three years effective from July 7, through a gazette notice published on July 29 last year.
The board had suggested that Njoroge’s term not be renewed due to his performance, following an appraisal conducted in the wake of his application seeking the same after his first term ended in June.
Reversed decisions
But Poghisio disregarded the board’s recommendations and went ahead to renew Eng Njoroge’s contract despite his departure having been agreed on in a resolution by the board, majority of who had expressed difficulties in dealing with him.
To date Mr Francis Wangusi is the acting CCK Director General, perhaps awaiting the clearance of Njoroge and his subsequent reinstatement after the conclusion of the case.
Several ministers have defied the roles of their boards, and either reversed decisions or simply ignored the board’s advice without sanctions from either President Kibaki for the PNU side of the Grand Coalition Government, or Prime Minister Raila Odinga for the ODM side.
This prompted Head of the Civil and Secretary to the Cabinet Francis Muthaura to warn those flouting the new laws on appointment of parastatal heads would be prosecuted, no matter how long it takes.
"Ministers or public officers that go against the ideals that are set out in the new Constitution will be flouting the Constitution and will therefore be dealt with as per what is laid down in the various Acts that govern appointments to the public service," said Francis Muthaura in an interview with The Standard.
At least six Cabinet ministers have so far been locked in tussles with parastatal boards over the hiring and sacking of senior public officers in contravention of the law.
In 2009, former Youth minister Prof Helen Sambili too had a run-in with the board of directors of the Youth Enterprise Development Fund, after it said would not recognize the reappointment of Mr Umuro Wario as the CEO.
Mr Wario was, however, reappointed to the position after investigators, despite the protests of the board, cleared him.
National Heritage minister William ole Ntimama also ended up in a tight corner for rejecting the NGO Co-ordination Board’s recommendation to renew CEO Mr David Isoe’s term.
He instead appointed a former PS Mr Peter ole Nkuraiya to the position.
–Additional reporting Cyrus Ombati.

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