Suspended Higher Education Minister William Ruto has asked President Kibaki and Prime Minister Raila Odinga to decide whether to return him to Cabinet or keep him out.
In his carefully worded letter dated June 20, Ruto said given that he was suspended because of a court case which has since been ruled in his favour, it was time the decision on his former portfolio was made. He also outlined pending business and stalled reforms Bills in the ministry, which he argued were source of frustration to higher education stakeholders, hence the need for a substantive minister to be named.
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| Eldoret North MP William Ruto has written to President Kibaki and Prime Minister Raila Odinga requesting to know about his return to Cabinet after he was acquitted of corruption allegations. Photo: File/Standard |
Ruto, who has fallen out politically with Raila, his party leader in the Orange Democratic Movement, and with whose blessings he held the Cabinet portfolio in line with National Accord before he was suspended last October, chose to copy the letter addressed to the President to the PM. However, even in the salutation, he chose the singular form, though it still implied he expected that the President would still have to consult Raila on his fate or that of his former portfolio.
A Member of Parliament who is close to Ruto, however argued the Eldoret North MP’s case was not about who makes the appointment, because he had only been asked to step aside by the President.
"He is perfectly in order to write the letter to the President because he is the one who signed the letter that asked him to step aside," said the MP.
According to the Accord through which Kibaki and Raila shared power in 2008, though the President is the final appointing authority, he only has powers to appoint ministers from his Party of National Unity wing of Government. He can also only remove those from Raila’s side only with his written authority. It therefore goes that he also may not reappoint suspended ODM allied minister without Raila’s consent.Reforms
It is, however, not clear who has been the stumbling block against Ruto’s reinstatement eight months after he was suspended because there are conflicting reports Raila said he would not reinstate him.
While other uncorroborated claims have it that though the PM later changed his mind and agreed to Ruto’s return, a clique around the President, because of other political considerations, reportedly sold him the idea he should not be in a hurry to take a step that could lead to a rapprochement between the political rivals.
In the letter, a copy of which The Standard obtained, Ruto argued: "It is now in the public domain that contrary to malicious allegations in some quarters, there are no criminal cases against me whatsoever. My acquittal on the matter that was before court was conclusive."
In the letter, the Eldoret North MP called for a review of his position and that of the ministry because he had been acquitted of criminal charges, which were the basis for his suspension.
He listed five initiatives which he started at the Ministry of Higher Education that he argued require completion. He detailed a raft of reforms undertaken by the ministry, which he said, "require the stewardship of a substantive minister to spearhead and guide".
He said: "Several initiatives to reform the Higher Education sector were under way and others initiated under my guidance."
He cited the Universities Bill, Technical Industrial Vocational and Entrepreneurship Education Trainees Bill, Science and Technology Innovation Bill, restructuring of the Joint Universities Admissions Board to allow for double-intake, and creation of Open University that would have been launched in January.
He also listed university infrastructure bond that he said would have to raise between Sh20 to Sh30 billion to finance new infrastructure for universities, and overhaul of the Commission for Higher Education. Ruto stated the Nairobi Chief Magistrate’s Court had determined the criminal case against him on April 12.
"I was acquitted of all charges on grounds that the prosecution had not made a prima facie case to warrant my having to be put on my defense." The 14 days within which the prosecution could have appealed, "if they were dissatisfied with the acquittal" expired on April 27, he observed.
President Kibaki, in consultation with PM, suspended Ruto as he faced trial over alleged impropriety in the 2001 sale of 100 acres of land in Ngong Forest, outside Nairobi, but the court found he had no case to answer.Vacant posts
The development comes a fortnight after The Standard reported the President and the Prime Minister had reportedly agreed to ‘re-organise’ Government, and to also fill three vacant Cabinet posts, before they disagreed on the fate of Ruto. This was at a meeting on April 28, but Raila reportedly failed to warm up to the idea of his rival returning to the Cabinet.
Raila is understood to have then argued Ruto still faced other cases in court of a criminal nature, but Kibaki insisted he was in the clear. They then are said to have agreed to seek the opinion of Attorney General Amos Wako on the issue before reshuffling.
The Standard obtained a copy of correspondence from Head of the Civil Service and Secretary to the Cabinet, Francis Muthaura, to the AG seeking to know whether Ruto had any other pending criminal cases.
In the May 19 letter sent under confidential cover, Muthaura asked the AG to, "please treat this as urgent".
On May 24, Wako forwarded the same letter to then Director of Public Prosecutions (and still DPP) Keriako Tobiko, asking for more information on Ruto.
Wako, in a handwritten instruction on the letter, directed Mr Tobiko, to "let me know urgently if there is any pending case against Hon Ruto".
In a response a day later, Tobiko told Wako: "From our records there are no pending criminal cases against Hon Ruto."
After his falling out with the PM, Ruto has had a dalliance with President Kibaki and his Party of National Unity, which fuelled perception it was Kibaki rather than Raila who was keen to have him back in Cabinet.
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