Drama in high places as Kenyan State officers step aside and plead innocence

It was a day of high drama as Cabinet Secretaries lined up press conferences to announce they were bowing out of office to allow the Ethics and Anti-Corruption Commission (EACC) to probe corruption allegations against them.

Four cabinet secretaries—Felix Koskei (Agriculture), Davies Chirchir (Energy), Michael Kamau (Infrastructure) and Kambi Kazungu (Labour) — stepped aside from their dockets for 60 days to allow the EACC to investigate their conduct.

The public declarations of “stepping aside” was stepped up immediately after State House released a list of 21 state officers who it said were facing investigations over corruption allegations. President Uhuru Kenyatta’s spokesperson Manoah Esipisu said the President had appointed four Cabinet Secretaries to act in the vacant dockets.

As Koskei stepped out, the President picked Industrialisation CS Adan Mohammed to step in and take charge of the Agriculture docket. Health CS James Macharia stepped in as Kamau stepped out of the Infrastructure docket while National Treasury’s Henry Rotich will hold brief for Chirchir in the Energy as Raychel Omamo of Defence steps in to take charge of Kambi’s Labour docket.

Mr Esipisu said at a news conference at State House Nairobi that the Cabinet secretaries had “complied with the directive” to “step aside to allow the commission to carry out investigations”.

“The President reaffirms that there are no sacred cows and that this is just the beginning of an unwavering war against corruption,” said Esipisu.

He said Mr Kenyatta was clear that “this is a moral fight for the very soul of our nation and that nobody should use it as an opportunity to either engage in negative politics or act in a manner likely to detract us from this noble cause”.

Giving way

In the list of those who stepped aside are Secretary to the Cabinet Francis Kimemia, Chief of Staff in the office of the Deputy President Maryanne Kittany, principal secretaries Mutea Iringo (Defence), Nduva Muli (Transport), Patrick Omutia (Mining), James Teko (Water) and Investments Secretary Esther Koimett. Also in the list is Kenya’s Deputy Ambassador in Pretoria Jane Waikenda.

All parastatal boards have been ordered to convene immediately and appoint acting bosses to run the parastatals. The parastatal chiefs who have stepped aside include Patrick Osero (Agricultural Finance Corporation), Silas Simiyu (Geothermal Development Corporation), Francis Oyatsi (Nzoia Sugar), Richard Langat (National Social Security Fund), Evans Ngibuini (National Water Conservation and Pipeline Corporation), Alex Kabuga (Kentrade), Lucy Mbugua (Kenya Airports Authority), Charles Tanui (Kenya Pipeline), Allan Chenane (Tourism Fund).

Former Nzoia Sugar Company Managing Director Francis Oyatsi called the news desk to express shock that his name was on the list of those asked to step down yet he left the company six years ago.

“I sued them for wrongful dismissal and the court awarded me my dues. I do not know what they mean by asking me to step aside but I will be pursuing this new development,” said Oyatsi.

Esipisu later clarified in a statement that it was an error, but that they had acted on the list provided by the Ethics and Anti-Corruption Commission (EACC).

“Earlier today, I released a statement giving the names of public officers who had complied with the President’s directive to step aside pending investigation of claims of corruption.

“The name of Mr Francis Oyatsi was among them. I wish to clarify that Mr Oyatsi is no longer the Managing Director of the Nzoia Sugar Company. Please make the appropriate corrections,” said Esipisu.

Koskei was the first to call the Press to his office in Kilimo House. Accompanied by his daughter Miriam, he pleaded innocence. “Even as I am stepping aside, I have never been told of any allegations against me, nor have I been summoned or questioned by the Ethics and Anti-Corruption Commission or any other Government organ,” said Koskei.

The soft-spoken Cabinet Secretary, who was also accompanied by Fisheries Principal Secretary Japheth Ntiba, said he had the full support of his family and that he had chosen to step aside to lead by example.

He said he received full legal counsel from his team of advocates, adding that he would go to EACC offices tomorrow to know the exact reason why he was named in the “list of shame”.

“I will go to EACC offices on Monday to know the allegations against me and the accusers, and record my statement immediately to facilitate expeditious investigations. I am assuring EACC of full support and cooperation from myself and my legal team to get to the root of this matter,” said Koskei.

He said he contacted State House to know if his name was in the list and after he was informed that it was there, he decided to step aside, arguing that public service is based on trust and once the public confidence is eroded, the right thing is for a public office holder to step aside.

Integrity

“I know I am clean. I don’t have to wait for Parliament to open the document. My selection to serve as a Cabinet Secretary was on the basis of personal integrity, competence and suitability. I am innocent of any impropriety, fully cognisant that the authority assigned to me as a State officer is consistent with the purpose and objects of the Constitution,” he said.

Kamau and Chirchir, both who announced their resignation in the afternoon, exuded confidence that they would be vindicated in the investigation by the anti-graft body. Both said they were willing to continue offering their services to Kenyans. “I am confident that in due time I will be exonerated from the blame and I will return to work and continue serving the public in the same capacity,” said Kamau at the Ministry of Transport headquarters in Upper Hill, Nairobi.

Mr Kamau was accompanied by his two principal secretaries, Nduva Muli (Transport) and Mosonik (Roads). He thanked God for enabling him to serve as a public servant for the last 34 years and also thanked the President for giving him an opportunity to serve in the Cabinet.

He said he was not aware of the corruption allegations against him, adding that he was eager to know the offence he was accused of committing on Tuesday when the report by the EACC is tabled in Parliament.

“The Ministry of Transport and Roads has so many issues, and I cannot tell what they have against me,” said Kamau.

Chirchir said he had already appeared before EACC officials in February, and would be willing to go back and make any clarifications, if needed.

“I have appeared before the EACC, having been mentioned in relation to graft allegations during my tenure as a commissioner in the Interim Independent Electoral Commission (IECC) and I made my statements,” said Chirchir.

“As investigations continue, I wish to state that I am confident that I will be vindicated of all the allegations. I hope that EACC will expeditiously deal with and conclusively bring the matter to rest,” said Chirchir.

The two Cabinet secretaries gave another reason why they decided to step aside: “As a senior career public servant, I fully support the government’s war against graft,” said Kamau.

“In a public office, one must be worth the trust of those who place their trust on them. Accountability and integrity are of paramount importance in a public office, particularly the office as the one I have been appointed to, and hold in trust for Kenyans,” said Chirchir.

Nduva, who has also stepped aside, said: “Corruption is a vice that has great impediment to the growth and development of the Kenyan economy. I am aware that I was serving at the pleasure of President Uhuru Kenyatta. I am stepping aside, as he directed, to pave way for investigations, and I won’t mind being reinstated once I am cleared by EACC”.

Elsewhere, Mt Elgon MP John Serut, who is among the 175 people in the EACC report, has told The Standard on Sunday he was in shock. “I was shocked to read in papers and also hear on radio and Television that I am in the list of the 175 people. EACC officials have never been in touch with me,” he said on the telephone.

The legislator, a member of the Parliamentary Committee on Agriculture, whose members have been mentioned in the report, absolved himself from any wrongdoing. He said he read malice in the whole matter.

“I have been in the forefront pushing for the resignation of the committee chairman. My name may have been maliciously sneaked in the list,” said Serut, adding that he was ready to face EACC to clear his name.

— Additional reporting by Daniel Psirmoi