Return of Kimunya?

By David Ohito and Beauttah Omanga

Could the former Finance Minister Amos Kimunya be on his way back to the Cabinet?

That was question on many Kenyans’ lips as President Kibaki quietly received the report on the Cockar Commission investigation into the sale of the Grand Regency Hotel (now Laico Regency Hotel) on Monday.

There were no photo sessions or Press interviews. Former Chief Justice Abdul Majid Cockar, who led the Commission, drove into Harambee House at 11am and drove out at 12.30pm.

Unlike other commissions formed this year to investigate matters of national concern, the Cockar Report was not made public although its sessions were in public.

A statement from the Presidential Press Service to newsrooms early in the afternoon confirmed Kibaki’s receipt of the report, but it did not give details.

"The Government will study the report and take the necessary action," the statement said.

The Government now has two reports — one by its legislative wing, Parliament, and another by the Cockar Commission appointed by the President.

Critics have termed the commission’s work "unnecessary duplication".

Lawyers have warned of a constitutional showdown between Parliament and the Executive.

The commission and parliamentary committees investigated the controversial sale of the hotel to the Libyan Government.

"Kenyans are left to choose between the findings of a parliamentary inquiry and those of the commission of inquiry which raises constitutional and legal issues," said former Kabete MP Paul Muite.

In an interview with The Standard, Mr Muite said the Head of State could choose to ignore Parliament and re-appoint Kimunya to the Cabinet — if exonerated by the Commission — but warned that the former minister would face an uphill task in discharging his duties.

"When Parliament passes a vote of no confidence in a minister, it may want to protect its authority and dignity and make it impossible for the minister to exercise duties of his docket," Muite said.

"A commission of inquiry appointed by the President ranks lower to Parliament constitutionally," Muite claimed.

During the commission’s hearings, witnesses who testified did not accuse Mr Kimunya of any wrongdoing.

His lawyers, led by Prof Githu Muigai, said they saw no need of asking their client to testify, arguing that no evidence had implicated him.

Muigai instead said Kimunya had been accused wrongly.

"My client was innocent and so maliciously maligned and dragged through mud for diligently doing his work and refusing to break the law," said Muigai.

Lands Minister James Orengo, who first blew the whistle over alleged corruption in the sale, found himself on the receiving end and he admitted he had discovered that Kimunya had not committed any illegality.

Mr Orengo’s earlier claims are the subject of a legal defamation suit filed by Kimunya.

Besides Orengo, an application had been made by Kimunya’s lawyers to have MPs Bonny Khalwale (Ikolomani) and Ababu Namwamba (Budalang’i) summoned to the commission.

Kimunya’s lawyers argued that since no witness had implicated him in any wrongdoing, it was necessary for the two MPs who had accused him to be summoned to explain their motivation.

The commission did not, however, summon the MPs since it had run out of time.

Twenty-one witnesses gave evidence, among them Central Bank Governor Njuguna Ndung’u and the bank’s legal officer Kennedy Abuga.

Besides Kimunya, the commission was also mandated to investigate Prof Ndung’u and Mr Abuga.

"Copies of the report should be made public immediately, given that public funds were used. The sittings were also public," argued Muite.

"We do not want a repeat of what happened during the Standard Group raid. When Parliament appointed a committee to probe the raid, the President appointed former Police Commissioner Shadrack Kiruki to head a commission of inquiry," Muite recalled and pointed out that to date, nobody knows what the Kiruki Commission found.

The Cockar Commission was appointed on June 10.

Yesterday, the media camped outside the President’s Harambee House office anticipating briefing but in vain.

Later, Justice Cockar, fellow commissioners and staff walked out of the President’s office and drove off without addressing journalists.

Members of the commission present were Mr Charles Kirui and Mr Kathurima M’Inoti. Mr Anthony Ombwayo was the secretary, and Mr Wilfred Nyamu Mati counsel to the commission.

The LSK yesterday said the President should make the findings public for the sake of openness.

"The Cockar Commission was formed to clear the air over the sale of the Grand Regency. Since it was heard in public, the President should let Kenyans know the commission’s findings," LSK Chairman Okong’o Omogeni said.

And in a quick rejoinder, the parliamentary Finance committee demanded that the report be made public.

Committee chairman Chris Okemo said the President had no reason to withhold details of the report.

Mr Okemo claimed his committee had sensed attempts by the Government to exonerate Kimunya and to frustrate debate on its report, which was tabled before Parliament.

Yesterday, Okemo said he stood by his committee findings that Kimunya was unfit for a Cabinet slot.

"As far as our committee is concerned, Kimunya is guilty of flouting various procedures and Parliament will have an opportunity to discuss him further soon after the report is listed before the House," Okemo told The Standard.

Kimunya resigned as Finance Minister following protests by fellow MPs alleging his implication in the sale of the hotel.

Last week, a Cabinet reshuffle was put off as the President was said to be awaiting the Cockar Commission’s findings.

Yesterday, the LSK said if the report enters a "no guilty" verdict on Kimunya, then the President would be free to re-appoint him.

Cabinet ministers who have stepped aside to pave way for investigation and were re-appointed include Internal Security Minister George Saitoti, Energy Minister Kiraitu Murungi and former Finance Minister David Mwiraria.

 

 

 

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