President William Ruto has opened a can of worms following his surprise admission Thursday, May 30 that his recent State visit to the United States (US) was co-financed by “friends of Kenya” as a gift, with concerns now being raised about the nature of relations between the government and private entities abroad.
Without disclosing who the “friends” were, their relationships with the Kenyan government and why they would finance a State visit, President Ruto said during the National Prayer Breakfast in Nairobi yesterday that the Boeing 737-700 jet he flew during the recent trip to the US, operated by Emirati charter airline RoyalJet, cost taxpayers less than Sh10 million as it was co-sponsored.
With that claim, the President denied reports that the trip might have cost upwards of Sh200 million, but at the same time inadvertently invited scrutiny into high-level government dealings with foreign entities and the level of disclosure expected from such deals.
“I’m a very responsible citizen,” said the President. “There is no way I can spend Sh200 million. In fact, let me disclose here that it cost the Republic of Kenya less than Sh10 million.”
Concerns regarding this “gift” now revolve around the requirements of Article 76 of the Constitution, which outlines the financial probity of State officers.
It states that “a gift or donation to a State officer on a public or official occasion is a gift or donation to the Republic and shall be delivered to the State unless exempted under an Act of Parliament”.
President William Ruto and First Lady Rachel Ruto pose for pictures on arrival at Hartsfield Jackson Atlanta International Airport in Atlanta on May 20, 2024.
Photo credit: State House Kenya
Last evening, State House spokesperson Hussein Mohamed said in a press statement that the trip had been co-sponsored by the government of the United Arab Emirates (UAE), which he described as being “friends” with Kenya.
“Kenya operates in the international multilateral arena and is therefore a friend, partner and ally to many countries,” said Mr Mohamed.
“The cost of the jet he travelled in for the historic and successful US State visit was offered by friends of Kenya at a relatively low cost. In this specific case, the UAE Government offered the aircraft at less than Sh10 million.”
“This is how nations operate, supporting and partnering with each other for mutual prosperity, and there are plenty of examples to illustrate this,” he added.
But, even before Mr Mohamed sent out his statement, the President’s economic adviser David Ndii, had appeared to suggest in a post on X that powerful individuals from the UAE might have been involved.
Without giving any details, Dr Ndii had posted pictures from earlier this year when the UAE pledged some $15 million (Sh2 billion) funding to Kenya to manage the aftermath of the recent floods.
He did not make any disclosures to the Nation when contacted over the same, but Mr Mohamed’s statement late in the evening appeared to corroborate his posts.
But, speaking to the Nation following the President’s statement, Law Society of Kenya President Faith Odhiambo challenged Dr Ruto to give “full disclosure on the amount received for the trip, from which sources, and whether the same was declared”.
President William Ruto and First Lady Rachel Ruto are presented with bouquets on arrival at Hartsfield Jackson Atlanta International Airport in Atlanta on May 20, 2024.
Photo credit: State House Kenya
Citing the provisions of Chapter 6 of the Constitution, Ms Odhiambo added that while a State officer can receive a gift in an official capacity, that gift should be “within the ordinary bounds of propriety, a usual expression of courtesy or protocol and within the ordinary standards of hospitality”.
The gift, she added, should be non-monetary and not exceed such value as may be prescribed under an Act of Parliament.
“Regulations go further to state that a State officer or a public officer who receives a non-monetary gift shall do so where the offer and receipt of the gift is done with utmost transparency and openness,” she added.
She said this is the legal basis of demanding that the President declares the value of the support he received, and the identities, whether personal or legal, of Kenya’s benefactors during his US trip.
Lawyer Charles Kanjama agreed with Ms Odhiambo, noting that any substantial gifts received by State officers should be disclosed as provided for by the Public Officer Ethics Act and the Leadership and Integrity Act through the register of gifts.
He noted, however, that a discount is not the same as a gift, indicating that if the President was offered a heavily discounted rate for the charter plane, he has no legal obligation to reveal the sum.
President William Ruto makes his statement in the White House on Thursday alongside US President Joe Biden.
Photo credit: PCS
“If a private jet costs Sh30 million to hire but I reduced it to Sh10 million, that is a discount because you will still pay,” he said, adding, however, that gifts above Sh20,000 become the property of the State agency, in this case State House.
He argued that public procurement laws generally apply in this instance, even though there are certain exemptions accorded to the Office of the President and the military, where direct procurement is allowed.
Another lawyer, Mr Willis Otieno, told the Nation that Section 14 of the Leadership and Integrity Act limits the value of a gift that a public officer may receive at Sh200,000. The gift to President Ruto, he said, should be declared and should only have been accepted with the direction of the Ethics and Anti-Corruption Commission (EACC).
“The questions that remain unanswered are: Who gave the gift? What is the benefit they are getting? And did the EACC authorise that gift?” he said.
The EACC Chief Executive Officer Twalib Mbarak, did not give the position of the commission on the matter when reached yesterday.
Among the questions the Nation.Africa posed to him was what the law says about State officer accepting gifts, whether President Ruto broke the law by accepting this gift, and the ethical risks associated with such arrangements. We will publish the commission’s comments on the matter once it responds to them.
Yesterday, the Head of State said he had informed his office to book him on Kenya Airways but was told the cheapest plane would cost Sh70 million.
President William Ruto and First Lady Rachel Ruto disembark from their plane at Hartsfield Jackson Atlanta International Airport in Atlanta on May 20, 2024.
Photo credit: State House Kenya
“When some of my friends heard that I was going to travel on Kenya Airways, they asked me how much I was ready to pay and I said ‘not more than Sh20 million’. They told me to pay only Sh10 million to get the plane,” he said.
Earlier, he had defended his decision to charter the private jet to the US, noting in a brief statement that, “as a responsible steward of public resources, and in keeping with my determination for us to live within our means, the cost was less than travelling on KQ”.
Mr Mohamed, in his statement last evening, said: “At under Sh10 million, this was the most efficient and economical way for the President and his delegation to undertake a trip of this magnitude.”
But Jubilee Secretary-General Jeremiah Kioni accused the President of insincerity over the matter, noting that “it is not good to take that kind of platform to tell a lie”.
“If it was a gift then it belongs to this country and he has a constitutional requirement to disclose it,” Mr Kioni said.
U.S. President Joe Biden welcomes Kenyan President William Ruto during an official White House State Arrival ceremony on the South Lawn of the White House in Washington, U.S., May 23, 2024.
Photo credit: Reuters
RoyalJet did not respond to our enquiries regarding the nature of relationship with the Kenyan government. Among our questions to the private airline were requests for disclosures of the total value of the extra cost footed by the airline and the reciprocal benefit to the company on the deal, if any.
The Nation also sought to know how many other trips the company had sponsored, whether it is standard practice to sponsor government trips, and whether such assistance was only extended to Kenya.
