Photo/ FILE Mars Group boss Mwalimu says the leadership vacuum makes it difficult for the commission to effectively discharge its constitutional functions.
By KIPCHUMBA SOME ksome@ke.nationmedia.co.ke
Posted Saturday, March 24 2012 at 20:18
Posted Saturday, March 24 2012 at 20:18
Anti-corruption crusaders are calling on Parliament to approve new names to the Ethics and Anti-Corruption Commission to fill a six-month leadership vacuum.
The commission has been without a substantive head after its predecessor, the Kenya Anti-Corruption Commission, was disbanded in compliance with the new Constitution, and Parliament failed to approve new leaders to head the new body.
Mr Mwalimu Mati, executive director of Mars Group, an anti-corruption watchdog, says the leadership vacuum makes it difficult for the commission to effectively discharge its constitutional functions.
The commission is being run by the acting secretary, Ms Jane Muthaura, who Mr Mati contends lacks the “statutory authority” to perform certain crucial duties. “There is no body that can function without a head,” he said.
While admitting that the failure to appoint new commissioners has hampered policy formulation, EACC spokesman Nicholas Simani said the commission’s operations were running smoothly.
“Normal operations are pretty much on course. Investigations are still going on as usual, and we have even managed to bring 10 cases to court without the commissioners,” he said.
The names of Mr Matemu for chairman and Prof Jane Onsongo and Ms Irene Keino as commissioners are before Parliament awaiting approval.
However, the process hit a snag when the House Committee on Justice and Legal Affairs said it found them unsuitable for the job because they “lacked passion”.
The process was further thrown off track when members questioned the credibility of Mr Matemu following claims that he had failed to collect millions of shillings owed to his former employer, the Kenya Revenue Authority.
In December, Speaker Kenneth Marende ordered a fresh vote on the names after a controversial decision by his deputy Farah Maalim to vote on the House report in a session over which he was presiding.
Fifty MPs, including Mr Maalim, voted against the report by the House Committee while 49 others supported it.
Mr Marende further urged the Leader of Government Business, Vice-President Kalonzo Musyoka, to make preparations for the new vote, but this was not done after the House went on recess in December.
Justice and Constitutional Affairs minister Mutula Kilonzo says although he respects the Speaker’s ruling, he does not agree with it.
“This is a matter that should have been referred back to the House committee.”
In his view, the Justice and Legal Affairs committee should initiate a motion seeking approval of the names, “but I know this will be rejected, giving the President room to submit new nominees,” he said.
However, this will have to wait until April 17 when Parliament resumes after a month-long recess.
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