The National Assembly last evening kicked off the final process of approving President William Ruto’s Cabinet, with a spirited debate on a report of its committee recommending the appointment of 23 nominees with the exception of Ms Peninah Malonza, who was found unsuitable to serve.
The approval by the House of the report of the 22-member Committee on Appointments (CoA) chaired by House Speaker Moses Wetang’ula, albeit with a dissenting opinion, will pave the way for President Ruto to formally appoint them tomorrow through the Kenya Gazette and have them sworn in.
“The committee observed that the nominees met the integrity threshold, demonstrated knowledge of topical, administrative and technical issues touching on the portfolios to which they had been nominated and had the requisite abilities, academic qualifications and professional experience to be approved for appointment,” the committee said of the 23 nominees.
On September 27, 2022, President Ruto nominated 24 individuals to his Cabinet following his declaration as the winner of the August 9, 2022 presidential election and on October 6, 2022, he formally transmitted the names of the nominees to the National Assembly to undertake vetting.
The committee spent the whole of last week to undertake the approval hearings of the 24 nominees and retreated on Saturday afternoon at the conclusion of the exercise, to write its report for tabling in the House.
While moving the motion for the adoption of the report yesterday, leader of majority Kimani Ichung’wah (Kikuyu) appealed to his colleagues to adopt the committee’s report.
But even as the committee approved the 23 nominees, it rejected Ms Penina Malonza for appointment as Tourism, Wildlife and Heritage CS.
“The nominee did not demonstrate knowledge on topical, administrative and technical issues touching on the ministry. She lacked the requisite abilities and professional experience to be approved for appointment to the office of Cabinet Secretary,” read the report.
As MPs debated the report yesterday, Endebess MP Dr Robert Pukose indicated that he will be moving an amendment on the report to overturn the recommendation on Ms Malonza.
“I will be moving an amendment to have the recommendation on Ms Malonza deleted so that she gets approved for the position she was nominated for,” said Dr Pukose.
Eight members of the CoA from the Azimio coalition filed a minority report opposing the nomination of former Meru Senator Mithika Linturi as Agriculture and Livestock Development Cabinet Secretary as well as former Malindi MP Aisha Jumwa (Public Service, Gender and Affirmative Action).
The eight MPs who dissented, include Opiyo Wandayi (Ugunja), Robert Mbui (Kathiani), Junet Mohamed (Suna East), David Pkosing (Pokot South), Naisula Lesuuda (Samburu West), Mishi Mboko (Likoni), Abdi Shurie (Balambala) and Caleb Amisi (Saboti).
“We cannot allow this House to take the country backwards,” said Mr Wandayi.
However, the majority report of the committee found the two suitable for appointment to serve in the Cabinet even as it noted that even though they have been charged in court for various offences, they have not been convicted.
This even as the dissenting report held that the principle of presumption of innocence until one is proven guilty should never apply in situations of appointment to a high public office such as the Cabinet.
“We noted integrity issues as the basis for the rejection of the two nominees, which is against Chapter Six of the constitution. Chapter six of the constitution was put in place by Kenyans, well aware of the highest standards of ethics and morality they needed to see in holders of public offices,” the minority report read.
The minority report underscored the need to embrace the culture of integrity and cited the example of the former UK Prime Minister Boris Johnson who resigned over a sexual abuse scandal.
During his vetting, Mr Linturi was faced with the grave matter of the questionable academic qualifications including the elusive Indian University academic degree which could not be traced.
The minority report notes that he could not present to the committee some of his academic certificates, including a degree “purportedly” acquired in India.
While appearing before the vetting committee, Mr Linturi argued that court orders bar him from accessing his house where his academic documents were “allegedly kept.”
The admission by Mr Linturi that he has 35 civil suits in court may have led to the adverse minority recommendations against him.
Ms Jumwa is accused jointly with her aide, Geoffrey Okuto, over the murder of Mr Ngumbao in 2019 during campaigns in the Ganda Ward by-election. Three witnesses have already testified against her.
When she appeared before the vetting panel, she argued that she shot no one and does not know how to handle a gun as she owns none. Ms Jumwa has since asked to be turned into a prosecution witness upon the review of the case by the Director of Public Prosecution (DPP) Noordin Haji.
