High TV drama expected as Ruto's CS nominees are vetted from today
President William Ruto's Cabinet.
Integrity, past records in public service and suitability questions are likely to dominate the vetting of President William Ruto’s Cabinet secretary nominees that kicks off today with Azimio la Umoja One Kenya Coalition party targeting at least seven of the appointees.
The Raila Odinga-led coalition says despite the withdrawal of some cases of nominees by the Director of Public Prosecutions (DPP) Noordin Haji, it does not amount to absolving someone from having the moral authority to occupy a public office.
On the radar of Azimio are Public Service nominee Aisha Jumwa, her agriculture counterpart Mithika Linturi, Trade nominee Moses Kuria, David Chirchir (Energy), Alfred Mutua (Foreign Affairs), Prof Njuguna Ndung’u (Treasury) and Susan Wafula (Health).
Prime Cabinet Secretary Musalia Mudavadi is also on the spot over the legality of his position, a decision National Assembly Speaker Moses Wetang’ula is expected to make tomorrow after it was brought up by the Azimio House leadership.
The coalition says Prof Ndung’u and Dr Mutua have questions to answer touching on their previous offices as Central Bank of Kenya (CBK) Governor and Machakos County boss, respectively.
Prof Njuguna’s corruption charges involving Sh1.2 billion controversial security tender awarded to Horsebridge Network Systems was in 2018 dismissed by the Court of Appeal after fighting the allegations for three years.
In 2012, National Assembly Public Accounts Committee (PAC) in a report to the House had recommended that Prof Ndung’u, together with then Transport minister Amos Kimunya, be investigated over a controversial currency printing contract with UK firm De La Rue.
The report also proposed that the two be barred from holding public office. The report was, however, rejected by the House to the relief of the two, who were cleared. There were also allegations touching on the then CBK governor and his links with an official of the collapsed Imperial Bank.
Dr Mutua was also cleared by the court over an alleged fraudulent acquisition of 16 motor vehicles for the county government.The opposition coalition also plans to turn its spotlight on Ms Wafula’s with questions about gaps in her academic qualifications that she will have to explain when she appears before the committee chaired by Mr Wetang’ula.
The DPP on Wednesday withdrew the Sh19 million graft charges against Ms Jumwa. The complainant in Mr Linturi’s rape case also dropped the case against the former Meru senator to explore an out of court settlement. The withdrawal of the cases, among others, has raised eyebrows, prompting the Law Society of Kenya (LSK) to give DPP Noordin Haji a three-day ultimatum (that ends today) to explain his actionsPokot South MP David Pkosing, who sits in the committee on appointments that will vet the Cabinet secretary nominees, questioned the timing by the DPP to drop the cases.
He said the allegations in the cases will still be brought up during vetting. “The big question is why now? Why couldn’t he do it last year or before they were nominated? This tells us one thing that his office is not independent as it ought to be,” Mr Pkosing said.Sources in Azimio also disclosed that Mr Kuria has previously faced hate speech charges in court while Mr Chirchir has no track record of performance in the Ministry of Energy.
Mr Kuria has never been found guilty for any of the charges.Mr Chirchir left the ministry in March 2015, after he featured in a so-called “list of shame” prepared by the Ethics and Anti-Corruption Commission and presented to Parliament by President Uhuru Kenyatta.
He was shown the door alongside Mrs Charity Ngilu (Lands), Engineer Michael Kamau (Transport), Felix Koskei (Agriculture), and Kazungu Kambi (Labour), over various integrity issues.
Mr Chirchir’s issues with EACC went back to his time at the defunct Interim Independent Electoral Commission (IIEC) — the precursor of the Independent Electoral and Boundaries Commission — before he was appointed to the Cabinet. He was among those named in a kickbacks scandal involving the award of a lucrative ballot paper printing contracts to British company Smith and Ouzman.
Mr Chirchir was, however, cleared by the Ethics and Anti-Corruption Commission and no charges were preferred against him.Azimio Nominated MP John Mbadi told the Sunday Nation that apart from integrity, they will also be looking at suitability, previous track record and right placement of nominees to the various ministries in relation to their academic qualifications.
“People like Chirchir were in the Energy ministry before, we want to know what they did while there. What did they achieve that they can remember that makes them to be given the docket again? These are questions that we must ask,” Mr Mbadi said.
He added: “Is Aisha Jumwa the most qualified person to handle the policies of our public service? We need someone who can bring policy directions to Parliament and I don’t think she is the person that can do that.” Azimio has already raised issues with the nomination of Mr Mudavadi, the Amani National Congress leader, questioning the legality of the position and how the committee is going to vet him.
Mr Wandayi on Thursday at the first meeting of the committee on appointments to set ground rules for the exercise said Mr Mudavadi holds no docket hence it will be difficult for the committee to ask specific questions in regards to his role in the Ruto administration. There are also questions about the creation of the position.
“The fact that this Prime Cabinet Secretary holds no docket puts the vetting committee in a difficult position. How are we going to interrogate the nominee?” Mr Wandayi said.Speaker Wetang’ula is expected to rule on the matter tomorrow morning before the exercise begins.A schedule released by Parliament indicates that Mr Mudavadi will be the first nominee to face MPs.
Kenya Kwanza had indicated plans to introduce legislation in Parliament to regularise the new position .The ruling alliance has, however, remained mum over the decision with no indications that it was likely to introduce any legislation to give the new office legal backing.
Article 152 of the constitution defines the Cabinet as consisting of the President, the Deputy President, the Attorney-General; and not fewer than 14 and not more than 22 Cabinet Secretaries. Article 21 (k) of the Kenya Kwanza coalition agreement on the sharing of national government responsibilities provides how Mr Mudavadi’s responsibilities will be created in the new government.
“Within 30 days following the General Election, the coalition shall introduce in Parliament legislation that shall provide greater legal clarity on the position, roles and functions of Prime Cabinet Secretary,” the coalition agreement reads, in part. It adds: “The legislation to be introduced shall amend the National Government Coordination (NGC) Act to include the Office of the Prime Cabinet Secretary and incorporate and align the functions of the Prime Cabinet Secretary as proposed herein to the existing structures under the aforesaid Act.”
Former National Assembly Justin Muturi will be the second on the list, followed by former Majority Leader and Garissa Township MP Aden Duale with Dr Mutua and Kandara MP Alice Wahome summing up the first day of the exercise. Prof Ndung’u, Mr Chirchir , Prof Kithure Kindiki (Interior and National Security), Ms Jumwa and former Gatundu MP Moses Kuria are all lined up to face the committee on Tuesday. Mr Pkosing said nominees should be prepared for tough questions, ranking integrity as the key consideration.
“There are people there who in terms of education, they are okay but when it comes to integrity, there is a big question. I have a lot of critical questions which I will ask but I can assure you that we are not going to be rubber stamp,” Mr Pkosing told the Sunday Nation. He disclosed that should Kenya Kwanza force some nominees on them, then Azimio will write a minority report registering their dissent.
“We are not children, we will write a minority report should they push those nominees with integrity questions,” Mr Pkosing said. A minority report or reservation is part of the main report by the majority side and if the minority argue their case on the floor of the House properly and convince the majority of members, then the House can amend and adopt the report in its entirety to reflect the views of those who were minority in the committee.
Previous Speakers have ruled that there can only be one report to be tabled before the House hence a minority report, also called reservation, can only be part of the main report but will form part of debate in the plenary while adopting or rejecting a report.
Mr Wandayi said Parliament will not be a rubber stamp and matters of ethics and integrity to serve in public office will be given consideration by the Azimio team during the vetting.“We must not as a House lose sight of the requirements of the constitution, Public Office Act, Ethics and Economic Crimes Act. We will take our time to interrogate each and every nominee,” Mr Wandayi said.
"Even as the committee sits to look at the suitability of the nominees, as a House, will look at the whole package first. For instance we know about principles of good governance, gender balance and regional balance. The first question we will ask, does the list meet all that?” asked Mr Wandayi.
Budalang’i MP Raphael Wanjala said while integrity will be the main issue, Azimio will also be seeking to know why cases of some nominees were withdrawn after they were named by President Ruto.“Why have the cases been withdrawn? This is a clear indication that they are hiding something. A crime has been committed and is being concealed. Such people should not even be brought before the committee on appointments for vetting,” Mr Wanjala said.
Saboti MP Caleb Amisi (ODM), also a member of the committee, said the opposition coalition will expose the rot among the nominees. Mr Amisi said Azimio is ready to write a minority report to make public integrity issues touching on some of the nominees.
“If the rest will decide to be conveyor belts, we as Azimio will ensure that only those who meet the integrity test get our approval. The majority will definitely have their way but we will also have our say,” said Mr Amisi.“
We will expose the rot of some of the nominees by doing minority report if need be so that the public can get to know the kind of people who will be sitting in the Cabinet,” he added. Kitui Central MP Makali Mulu disclosed that the coalition’s lawmakers were under instructions not to be conveyor belts in the vetting.
“As a coalition, we have come out clearly that we have our reservations on some of the individuals nominated to the Cabinet. Our members sitting in the Committee on Appointments have been instructed to point out shortcomings of the nominees,” said Mr Mulu.He added: “At the plenary we will also point out the shortcomings of the nominees; those who have court or corruption-related cases. We know there is always whipping of members to take certain decision, but I can tell you that if the MPs can be allowed to make independent decisions then some of the names will definitely be dropped,” he added.
Majority leader Kimani Ichungwa said the vetting will be conducted in a transparent manner and they will be fair to all the nominees together with other members of the public who will have any memorandum against any nominee.
“If there are any Kenyans out there that have any memoranda against the nominees should submit to the committee, we promise to consider all the memoranda. We will give opportunities to those mentioned to respond. We will be fair to everybody,” Mr Ichungwa said.
Mr Ichungwa, however, warned the Cabinet secretary nominees that none of them have their jobs until they are approved by the House adding that the vetting process will be transparent.
“All the members of this House are eager to put them into account both in public and private, so they should be alerted in advance,” Mr Ichungwa said. Wiper leader Kalonzo Musyoka on Tuesday said Azimio coalition has issued strict instructions to their members that will participate in the vetting of Cabinet nominees not to participate in a process where individuals with integrity questions are given a lifeline by parliament.
“I want to tell those that will be in the Committee of Appointments that those people with integrity issues will come to you with fat envelopes but reject the envelope and also reject the nominees,” Mr Musyoka said.
Mr Musyoka called on the EACC and the Directorate of Criminal Investigations to do their work independently and submit to parliament their reports on some of the nominees. Section 6 (9) of the public appointments (parliamentary approval) Act of 2011 also provides that “any person may, prior to the approval hearing and by written statement on oath, provide the clerk with evidence contesting the suitability of a candidate to hold the office to which the candidate has been nominated.
Article 232 of the constitution provides for the values and principles of public service which include high standards of professional ethics, efficient, effective and economic use of involvement of the people in the process of policy making, accountability for administrative acts, transparency and provision to the public of timely, accurate information for those serving in public offices. Article 130 (2) of the constitution provides that the composition of the National government shall reflect regional and ethnic diversity of the people of Kenya.
Additional reporting by Moses Nyamori, [email protected]
