House of extortion: Below average MPs minting millions in 'rent-seeking' moves

A section of legislators during the State of the Nation Address at the Parliament buildings, Nairobi. November 9,2023 [File,Standard] The 13th Parliament has been accused of engaging in rent-seeking behaviour and abdicating its oversight role, all the while gobbling up millions in allowances. And whereas the recently concluded reconstitution of 18 key committees at the National Assembly - that saw ODM clinch a majority of the leadership positions- exposed a clamour for legislators to sit in influential House teams, the aftermath has been reports that have largely failed to impress the public. The House has in the recent past struggled with the question of integrity as probes into scandals and cases where millions were allegedly looted have been dogged by claims of rent-seeking. Case in point, during a probe by the Senate into the Shakahola massacre in late 2023, the Danson Mungatana-led Adhoc committee came under fire and was pressed for answers after it emerged that the House team, which was looking into the connection between the Shakahola incident and Pastor Ezekiel Odero's church in Kilifi County, had travelled to Mavueni in Kilifi without the Secretariat. Standing on a point of order, Senate Majority Whip Boni Khalwale demanded answers on the actions of the committee. "In the history of this country, no Member of Parliament or a group of Members of Parliament have ever sponsored themselves to undertake the business of the House," said Khalwale, who threatened to expose on how the trip was procured. "In order to make us less angry, they are trying to persuade us that they sponsored the rendezvous. I beg that I do not be pushed further." Mungatana, the committee chair, would, however, defend the team's visit, stating that they had no time to procure funds to enable the whole team to travel. "We did not have time that is why the team was ready to travel and come and make the claims later. We did not have the Clerk for the reason that at the time of going we did not have the funds, but we made sure that everything that we observed was captured because I gave the report," he explained. He further told Senators that having already been given an extension (of time to probe the matter), the committee couldn't get another extension because of budgetary constraints, necessitating them to fast-track their investigations. "The national forensic laboratory that is under DCI has been frustrated beyond even performance by the very people who are sponsoring negative articles because they know the bombshell we are going to lay in this House, but tell the Executive arm of government that we will expose them for who they are, because they failed the people of Kenya, and it doesn't matter if you send the government Whip here," Mungatana rejoined. Speaker Amason Kingi, on his part, ruled that the matter be handled administratively, noting that he had already instituted measures to handle the issue. Last year, further claims of MPs engaging in rent seeking hit the headlines after Juja MP George Koimburi claimed that MPs were offered Sh2 million to pass the controversial Finance Bill 2024, which sparked anti-government protests, and alleged that lawmakers were carrying the money in sacks. Speaking at the AIPCA Ndururumo Church in Juja constituency, he also claimed to have refused the bribe and voted against the bill. "We were offered money and you all saw how they carried money in sacks. We were told that for every 'yes' vote, we would receive Sh2 million," he said, without giving proof to support his claims. Koimburi was among the 115 MPs who opposed the Bill, as 204 MPs voted in its favour during a parliamentary session that took place amidst staged protests in several parts of the country. But following pressure from the Speaker Moses Wetangula, Koimburi recanted his statement and apologized to the House. Claims of bribery of MPs to reject a report on contaminated Sugar imported into the country also rocked the House in 2018, with the matter ending up at the doorstep of the investigative authorities. The report by the joint Departmental committees on Agriculture, Livestock and Trade, Industry and cooperatives had recommended that 14 companies including millers, importers and wholesalers dealing in the contaminated sugar- which in some cases was found to contain mercury- be investigated by the relevant government agencies with a view to prosecution for violating the law. The report would however, be defeated on the floor of the House. It was later that allegations of MPs receiving as little as Sh10,000 in the toilets to shoot down the sugar report emerged. The then Kiambu MP Gathoni wa Muchomba and Ayub Savula (Lugari) told the Powers and Privileges committee, chaired by National Assembly Speaker Justin Muturi- which was probing the allegations, that they witnessed money exchanging hands minutes to the sitting. Muchomba narrated to the team how she followed fellow woman representatives to the ladies' toilets and to her shock, found them discussing the amounts each had been given. "When I went to the toilet, I heard people saying they had been given Sh10,000 to shoot down the sugar report. Another responded, 'She should have given you Sh30,000.' Some were even saying they had been given money for other members." Appearing before the Muturi-led team, Savula said the sugar report was compromised at committee level. He said there were signs that some members were using the report for rent-seeking, citing claims of 'cosiness' between some of the witnesses and committee members. "When (Jaswant) Rai appeared, they were lining up to shake his hands. Have you seen a judge leave his seat to go hug a suspect? I am still extremely bitter with this Parliament," said Savula. A subsequent report by the powers and privileges committee later recommended that the Ethics and Anti-Corruption Commission (EACC) probes MPs over the allegations. "There might have been bribery of members of the National Assembly to reject the report on the importation of alleged illegal and contaminated sugar into the country. Based on the oral submissions by the witnesses, it is apparent that some members may have been involved in some forms of impropriety," read the report in part. Makueni Senator Dan Maanzo, a vocal critic of the current administration, now claims that current Parliament has proven to be the most "inconsequential" in Kenya's history, noting that it was under capture by the Executive. "A lot of bills that come to Parliament, they go back, the same way they left State House. You do public participation where the views of the people-that don't really matter- are collected, it comes back to the House where members are lobbied heavily and the House votes and the Bill goes back to State House," said Maanzo. "The role of the House has really been diminished; it is under capture thanks to the tyranny of numbers (by UDA) and an opposition without numbers," he added. Bending to the will of the Executive Criticism from stakeholders -including the MPs themselves- has been launched as to why some of President William Ruto's appointees are given a clean bill of health by the House teams only for them to be fired later by the Head of State over incompetence-related issues. In a move that validated the committees' laundromat tag and their alleged ineffectiveness, Leader of Minority at the National Assembly Junet Mohammed last week spoke out against the executive's re-appointment of "failed" civil servants and politicians as ambassadors and Parliament's recycling of leaders. "We cannot be recycling people who have served in a very high office then you give them another office. When will career diplomats get to serve in the diplomatic missions? Every politician who has failed and civil servant who has failed is being dumped in a certain mission somewhere in the world," said Junet. "Even the government of the late Moi and Mwai Kibaki never did this. It started with Jubilee and this culture must stop. In this country, we love ourselves so much as politicians and people in high offices that we forget that there are other people out there that are qualified. I'm asking the executive not to send such a list again." He spoke during the consideration of a report of the vetting of recently appointed Principal Secretaries, key among them former Health CS Susan Nakhumicha as the Permanent representative of Kenya to the United Nations Habitat, Nairobi and former Nyeri Deputy Governor Caroline Karugu as the East African Community affairs PS among others. But in his defense of the House's decision to approve the nominees, Endebess MP Robert Pukose absolved the House from any wrongdoing. "I want to disagree with the minority leader in that these are people who did not perform in their various areas...ambassadors are people with different expertise. They are just not only in the diplomatic circles; you have people who are experts in the Health trade, and this exposes everybody to an equal opportunity. Having served in the various capacities as CS Health Nakhumicha, for instance, demonstrated that she is capable, has wide experience and is able to deliver." And recently, despite criticism by the public over the suitability of Gender CS Hanna Wendot -following her remarks on the recent wave of femicide cases in the country- and former Mbeere North MP Geoffrey Ruku who put up a dismal performance during the vetting exercise, the Speaker Moses Wetangula-led Committee of Appointments gave the duo a nod. "Hon. Geoffrey Ruku and Ms. Hanna Wendot demonstrated knowledge of topical, administrative and technical issues touching on the portfolios to which they have been nominated; and have the requisite abilities, academic qualifications, and professional experience to be approved for appointment," read the report. Prior, it was the approval of the trio of Cabinet Secretaries, namely Mutahi Kagwe (Agriculture and Livestock), William Kabogo (ICT) and Lee Kinyanjui (Trade and Industry) - who made their way back to government thanks to the so-called broad-based arrangement- that set tongues wagging.

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