Fresh war looms over graft nominees

By Martin Mutua and Francis Ngige

The storm over the nomination of Mr Mumo Matemu and two other professionals to new anti-graft agency is coming back with full force and the theatre of face-off is Parliament this week.

Integrity Centre, where the offices of the Ethics and Anti-Corruption Commission are based. [PHOTO: FILE/STANDARD]

President Kibaki and Prime Minister Raila Odinga’s allies are already digging in for another showdown over the nominees to Ethics and Anti-Corruption Commission, the revamped successor of Kenya Anti-Corruption Commission.

The latest storm will be whether the three are now deemed to have secured Parliamentary approval because of the legal requirement that this is considered to be the case if the House gets the names but fail to act on them within 21 days.

It is over two months since the House got the names but interestingly, the PM has now set up a new roadblock to the trio’s run to Integrity Centre by calling for the nomination process to be started afresh.

Top on the issues that have marred Matemu’s nomination include the fact that he was not the best candidate during the interview process and his name has been dented by adverse claims against him in Parliament. The row was also fueled by the regional and gender factors and wars that were fought over before the list of three was finally reached.

COPIED LETTERS

On Thursday, Raila wrote to the acting Head of Civil Service Francis Kimemia seeking to have the names of Matemu, Jane Onsongo and Ms Irene Keino withdrawn from the House. He copied his letter withdrawing support for the nominees whose names he had settled on with the President, to the Speaker of the National Assembly Mr Kenneth Marende.

The names of Matemu Mumo for chairman, and Prof Onsongo and Keino as members of EACC are before the House awaiting adoption, but the process of approval hit a brick wall when a committee of the House said it found them unsuitable for the job because they lacked "passion".

The process was also thrown off track when members questioned the credibility of Matemu because of claims he failed to collect millions of shillings owed to Kenya Revenue Authority while he was Commissioner for Duty and Excise.

Despite being forwarded to the House by Kibaki and Raila, they have not been approved even after Marende and his Deputy Mr Farah Maalim made controversial rulings.

MPs supporting President Kibaki side now dismiss Raila’s demands, with Energy Minister Kiraitu Murungi scoffing at the PM’s attempt to have the three names withdrawn, arguing his change of mind has been overtaken by events.

Kiraitu said the letter by Raila to Kimemia was an exercise in futility. "These people should actually be in office now because the law is very clear on the guidelines and timelines needed," said Kiraitu after attending a PNU Alliance strategy meeting in Nyeri.

Special Programmes Minister Esther Murugi and chairman of Central Kenya Parliamentary Group Mr Ephraim Maina accompanied Kiraitu.

"The law gave Parliament to either approve or reject the nominees within 21 days and if this is not done within that timeframe, then they are automatically deemed to have been approved," argued Kiraitu.

The minister said failure by Parliament to approve the names and the expiry of the requisite 21 days meant that their assumption of anti-graft offices becomes automatic.

"That is now water under the bridge because Parliament failed to approve and by the operation of the law, the three people should in fact be in their offices," he said.

"How can the names be withdrawn after the law has taken effect? Some of these people need to study and understand the law,’’ the minister argued.

Kiraitu added that as far as he was concerned the matter was a non-issue and should not cause a stalemate.

Gwassi MP John Mbadi said he supports the PM’s position to correct the anomaly because the Speaker’s ruling showed that there were no names before the House for approval at the moment.

"It is upon the government to introduce afresh names for approval as directed by the Speaker and since that has not been done the move by the PM is correct," said Mbadi.

REJECTED

The fact that the committee rejected the names unanimously and the House was split over the nominations, he argued, it was only logical for the two principals to recall the names.

The PM’s change of mind is bound to trigger heated exchange in the House considering that the names are already before the House, and majority of members would likely argue the list is now the property of the House and the PM has no business tampering with it.

A cross-section of MPs also criticised the move terming it "unprocedural and ill-advised." "It is up to the House to decide what to do because the names are now part and parcel of House business and there are procedures to be followed," Yatta MP Charles Kilonzo told The Standard.

Kilonzo revealed he would be seeking to know from the Speaker why his ruling and that of his deputy were clear on the matter but later decided to change his mind.

Chepalungu MP Isaac Ruto equally concurred with Kilonzo and expressed shock at the move by the PM saying it appeared the premier wanted "to make history". "Even me, once I moved a Motion or any member for that matter, that (Motion) becomes property of the House and one cannot attempt to withdraw it until the House disposes of it," he added.

Ruto claimed it appeared the PM had been misadvised since the action he was taking had been overtaken by events since it was now in the hands of the MPs.

Raila through his PS Mohammed Isahakia wrote to Kimemia last week asking that the names of each be withdrawn. The PM argued since the House Legal Affairs Committee rejected the names and proposed that a fresh list be submitted, its view should be complied with.

"Although the report of the committee was rejected by the House, this report has seriously compromised public confidence in the three nominees," Isahakia wrote.

The PS further said the names of the three were submitted to the National Assembly five days after the stipulated period prescribed in the Act without extension of time as required.

"Weighing one against the other, the PM is of the view that public and national interests now require that the Executive withdraw the three names submitted and reconsiders the nominations to made afresh," wrote Isahakia.

"Do convey to his Excellency the President the sentiments of the Prime Minister regarding the nominations made and let me know when the two principals can reconvene at the earliest opportunity to agree on the re-submission of new nominations," Isahakia added.

The letter was also copied to the Clerk of National Assembly Patrick Gichohi; a further sign the battle is coming back to the floor of the House with fury and controversy.