Leaders have asked President William Ruto to forward the list of MPs he has accused of turning parliamentary committees into avenues for soliciting bribes to the anti-graft agency.
At the opening of the devolution conference in Homa Bay on August 13, President Ruto accused some MPs of soliciting bribes from State officials to alter committee reports in their favour.
Former Attorney-General Justin Muturi—who said he had been a victim of rent-seekers during his vetting for Cabinet—and Kisii Senator Richard Onyonka—who said Parliament is a graft den— challenged him to take the evidence of corruption to the Ethics and Anti-Corruption Commission (EACC) for investigations.
Chairmen of Senate committees Moses Kajwang’ (County Public Accounts Committee), Godfrey Osotsi (County Public Investments Committee) and their National Assembly counterparts Wamboka Wanami (Public Investments Committee on Education and Governance) and David Pkosing (Public Investments Committee on Commercial Affairs and Energy), however, dismissed the President’s allegations.
State House spokesperson Hussein Mohammed promised to respond to our questions on the matter but had not done so by press time.
EACC chairperson David Oginde did not also respond to questions on whether the President has forwarded the list of suspected corrupt MPs for investigations.
Mr Muturi, who is also the immediate former Speaker of the National Assembly and Public Service Cabinet Secretary, said: “It is true.
Even when I went for the second vetting, some of the members tried to ask me for money but I refused and told them to decide whichever way.”
“This thing is systemic. Some members of the Committee on Appointments chaired by the Speaker tried to solicit funds from me during my vetting but I declined. When I was in the Cabinet, my colleagues would complain about the same,” added Mr Muturi.
“But when we told the President about what we were going through, he just laughed it off and the matter ended there,” Mr Muturi claimed.
“When I went to the Senate to answer questions, I was hidden in a room and told toa ya wazee. But I told them off. When I went to defend the NYS [National Youth Service] supplementary budget, a ministry official requested that we get some money for MPs but I told him to forget it,” the former CS alleged.
“Remember when I was Speaker, I even invited the EACC to come to Parliament to help me fight the vice,” Mr Muturi recalled.
He was referring to an investigation by the Powers and Privileges Committee, which he chaired, that probed claims that MPs had been bribed during a contentious vote on a toxic sugar report.
The committee invited the EACC and the Directorate of Criminal Investigations (DCI) to investigate the allegations of bribery, but nothing came of the probe.
Mr Muturi also dissolved the leadership of the Public Accounts Committee (PAC) in the 11th Parliament following allegations of corruption.
The committee had been accused of soliciting money from the principal secretary of a critical State department to influence its report following its consideration of a report by the Auditor-General.
Senate Deputy Minority Leader Enock Wambua said committees of Parliament are chaired by members of the President’s party or coalition, and the few watchdog committees that are supposed to be chaired by members of parties not forming government are currently chaired by members of parties in a working arrangement with the Ruto administration.
“The Executive is 100 per cent made up of the President’s loyalists. If it is true that there are bribery demands by committees of Parliament to the Executive, then the President has a duty to put leaders in his corner in order.
"It is not clear who the complainant is in this case, but that complainant should simply take their evidence to EACC for investigation,” said Mr Wambua.
'Double speak', speakers mum
“I hold the view that Ruto lacks the moral authority to speak about corruption because he has all along enticed MPs with money whenever he wants them to do things his way,” he claimed.
“Before the vote on the Finance Bill,2024, you must have seen him even threatening MPs while at a function in Narok to vote for it or face the music. That was corruption in itself,” he added.
National Assembly Speaker Moses Wetang’ula, his Senate colleague Amason Kingi and leaders of majority Kimani Ichung’wah (National Assembly) and Aaron Cheruiyot (Senate) did not respond to our inquiries made to their known phone numbers regarding the President’s corruption allegations.
The leaders of minority Junet Mohamed (National Assembly) and Stewart Madzayo (Senate) and the whips also did not respond to our enquiries.
Independent investigations by the Nation revealed that while corruption is rife in all parliamentary committees, it is intense in watchdog committees like PAC, PIC and the County Public Accounts and Investment Committee.
Mr Wetang’ula had previously informed the House about protests from government officials, saying “not more than three or four committees to whom the departments of government they oversee consistently come calling to the Speaker’s Chamber.”
“Avoid the temptation to have an illegal title within the committees of a member called the ‘welfare member’ so that you do not scare people and cause issues that are not in keeping with the integrity of this House,” Mr Wetang’ula told the House on March 14 while acknowledging the newly elected committee chairpersons.
Speaker of the National Assembly Moses Wetang’ula.
Photo credit: File | Nation Media Group
“They do so to protest the manner in which committees handle those government officials when they appear before them. I encourage you to serve without fear or favour and with integrity,” Mr Wetang’ula said.
The “welfare member” is a term coined by committees of Parliament, specifically in the National Assembly, and given to one of their own with instructions to solicit money from whoever appears before them. For instance, in PAC, two members have been given that duty.
“The statement from the President over corruption in Parliament was the greatest thing in my life. The only problem is that he is realising it after three years of his leadership,” said Mr Onyonka. “I want to thank the Director-General of the National Intelligence Service for finally telling the President the truth.”
Kisii County Senator Richard Onyonka.
Photo credit: Dennis Onsongo | Nation Media Group
The senator claimed some of his colleagues in Parliament are looking for money “by all means”. This, he said, is manifested by how easily MPs change laws.
He also noted that Controller of Budget Margaret Nyakang’o and Auditor-General Nancy Gathungu are harassed in Parliament without substantive motions to discuss their characters.
“Corruption in Parliament is a reality. I abhor corruption and it is the reason I was removed from the County Public Accounts Committee (CPAC) of the Senate,” claimed Mr Onyonka.
“My colleagues in Parliament must decide whether they came to serve Kenyans or to make deals and solicit money from the Executive and even the Judiciary. They are traders,” said Mr Onyonka.
“I disagree with the President’s insinuation of improper conduct on the part of Parliament. We do not audit; that’s done by the Auditor-General. We do not investigate; that’s done by EACC and DCI,” said Mr Kajwang.
“We do not prosecute; that’s done by ODPP [Office of the Director of Public Prosecutions]. We do not convict; that’s done by the Judiciary.”
Chairperson Senate Public Accounts Committee Otieno Kajwang during the session at KICC, Nairobi on Monday, November 20, 2023. Kisii County Assembly appeared before the Committee.
Photo credit: DENNIS ONSONGO| NATION MEDIA GROUP
He added: “The President should direct his war to these institutions. Parliament merely makes recommendations. Why should a Cabinet secretary or governor bribe Parliament if they are not guilty?”
Mr Osotsi said that Parliament has legal mechanisms to address corruption and other ethical issues among its members, such as the Powers and Privileges committees headed by the respective Speakers.
“We also have substantive legislation that guides ethical conduct by parliamentarians,” he added.
Mr Wanami, the Bumula MP, was blunt: “The President is out of order.”
“The best placed person to respond to questions concerning members of Parliament as a whole is Leader of Majority Ichung’wah and Leader of Minority Junet. Anyone else purporting to respond will be doing politics. I would have responded if it was about my committee where I am the spokesperson as prescribed in our standing orders,” said Mr Pkosing.
National Assembly’s Public Investments Committee on Commercial Affairs and Energy chairperson David Pkosing.
Photo credit: Dennis Onsongo | Nation Media Group
Transparency International Executive Director Sheilla Masinde demanded that the EACC investigates “these claims” and any MP found culpable be prosecuted.
“Parliament and EACC should develop a close working relationship for EACC to easily investigate and make recommendations on allegations of impropriety, gross misconduct and bribery of MPs since these claims keep coming up,” she said.
Ms Masinde added that there is a need to reorient MPs on the leadership and integrity provisions in the Constitution and the legislative framework on leadership and integrity.
This, she said, should include the Leadership and Integrity Act, the Public Officers and Ethics Act, Parliamentary Powers and Privileges Act and the rules governing the conduct of MPs.
“This will help to regulate parliamentary behaviour and ethical standards, essential elements to secure public trust and foster a culture of public service that favours public interest over private gains,” said Ms Masinde.
“What I know is that corruption is about to get very, very expensive,” he said.
“It’s true that this is the second time the President has made the same statement. Being in leadership I may not be aware of that as I am busy most of the time,” said National Assembly Deputy Majority Whip Naomi Waqo.
