Controversy stalks Kimemia’s tenure as civil service boss

By Vitalis Kimutai

KENYA: Head of Civil Service Francis Kimemia is no stranger to high profile wrangles involving ministers, members of constitutional commissions and other senior Government officials.

Since taking over in acting capacity from former Secretary to the Cabinet Francis Muthaura, who retired from public service after the case facing him at International Criminal Court, Mr Kimemia has courted controversy, the way a bulb attracts moths.

From implementation of Constitution, appointment of members of various commissions, promotion of top ranking civil servants and appointment of members to boards of key parastatals, Kimemia’s name has featured in unfavourable light.

Independent Police Oversight Authority (IPOA) chaired by Macharia Njeru last year accused him of frustrating efforts to set up National Police Service Commission (NPSC) and threatened legal action.

Kimemia was at the centre of a controversy on picking of members of the Public Service Commission with claims the list endorsed by President Kibaki had been forwarded to Parliament without consulting Prime Minister Raila Odinga.

It prompted Dr Mohamed Isahakia, PS in the PM’s office to write to Clerk of National Assembly indicating Raila opposed the list since he was not consulted.

“This is to inform you that consultations on this matter are still going on and the final resolution has not been reached. Kindly, therefore, hold on to the proposed names until a written confirmation is given from the Office of the PM,” read the letter in part.

Some of the matters have either been sorted out through relevant Government channels or ended up in the Judiciary for arbitration.

In some, Kimemia, who was confirmed to the position through an appointment by President Kibaki on December 22 last year, held on to his ground and had his way while in a number of cases, he has emerged a wounded and humbled public servant.

Fourth term

Accusations he was involved in barring Chief Justice Willy Mutunga from travelling outside the country and that he was campaigning for Jubilee Alliance – both of which he has denied – are only the latest of the allegations dogging his short stint as civil service boss.

Last year, Kimemia was accused of meddling with the appointment of a managing director to replace Dr Anne Kinyua at the Nyayo Tea Zones after she retired.

Dr Kinyua had proceeded on terminal leave, paid her benefits, but Kimemia insisted she be appointed for a fourth term although she had not applied.

Nyayo Tea Zones Board forwarded the name of Peter Korir on July 19 last year to be gazetted as MD after he scored highest marks in the interview where 11 candidates participated, but the board was slapped with a court injunction a day later.

But the High Court directed that Korir be appointed and his name was gazetted in December last year.

Kimemia was also involved in a row with Medical Services Minister Anyang’ Nyong’o over the sacking of National Hospital Insurance Fund board and appointment of another over the controversial universal health care scheme.

Prof Nyong’o suspended the board chaired by Dr Richard Muga but Kimemia who had the backing of Central Organisation of Trade Unions Secretary General Francis Atwoli reinstated the board and upheld suspension of CEO Richard Kerich.

This led to a standoff with Nyong’o accusing Kimemia of “manufacturing scandals in ODM ministries for political expediency”.

Substantive position

“The board and the CEO are under instructions to continue with their work without any interference by any other person,” Nyong’o said then.

Mr Adan A Adan, who had been appointed acting CEO was eventually removed and replaced by Mr Simeon Kirgotty in a substantive position.

The latest spat Kimemia was involved in was the delay to gazette names of members to the National Lands Commission (NLC) despite approval by Parliament and a court order.

On February 4, High Court Judge David Majanja directed the President to gazette members of NLC within seven days following a court case filed by Amoni Amfry and Nagib Shamsa through lawyer Mbugua Mureithi.