Activists call for fresh nomination of anti-graft czar

By Peter Orengo

Non-governmental organisations have called for fresh nomination of Commissioners to the Ethics and Anti-Corruption Commission (EACC) to end the controversy surrounding the appointment of the three nominees.

Transparency International (Kenya), Center for Law and Research International (Clarion), FIDA Kenya, the International Center for Policy and Conflict (ICPC) and the International Commission of Jurists (ICJ) faulted the nomination process that led to short-listing of Mumo Matemo, Jane Onsongo and Irene Keino as EACC nominees.

They said claims of horse-trading by the two principles and corruption allegations on one of the nominees were reason enough to stop the ongoing process.

"We demand that the process be stopped because it is highly flawed and stands no chance of giving Kenya a credible anti-graft commission. We believe the three sailed through due to weak EACC laws which also need to be looked into," said Samuel Kimeu, TI Executive Director.

He claimed that by parliament enacting the EACC in August 2011 was driven by lack of passion to fight corruption, hence the weak legal framework.

"It would be impossible to have a strong and credible EACC without revisiting the law establishing it with a view of strengthening it. In this country we know that corruption drives politics and it’s difficult to find a legislator who is not tainted," said Morris Odhiambo, Executive Director of Clarion.

Odhiambo said the Civil Society had the options of going to court or call for mass action should the three names be approved by parliament when it convenes next Month.

They also noted that the President and the Prime Minister forwarded the names of their choice to Parliament for approval one week outside the legal deadline without invoking the provisions of Section 6 of the EACC Act, which governs the procedure for extension of time.

This may open the process to legal challenges, which may prove a significant hurdle to the legality of the process.

"The war against corruption must be led by individuals who believe in the practice and ideals of the constitution, have an unimpeachable reform record and are true advocates of integrity," said Ndungu Wainaina, from ICPC.

They further recommended that once new commissioners start work, they should vet all staff of the EACC.

The Government is expected to move a fresh Motion seeking the approval of the three nominees.

House Speaker Kenneth Marende last December ruled that rejection of a House team’s report does not amount to approval of the nominees and asked the Government to come up with a Motion seeking the approval of the nominees.

Parliamentary Committee on Justice and Legal Affairs had recommended rejection of the three EACC nominees.

MPs opposed to the EACC nominees have vowed to rally support to reject them if re-introduced in Parliament.