Constitution is clear, all thieves belong behind bars

By John Gerezani 

The last time l checked, attempting to defraud was an offence punishable by a long stretch in neti upon conviction thus I am suprised that no action has been taken against the normally voluble Bullfighter after it emerged that he had tried to snooker the NHIF.

Like an adulterer caught in the act, the Bullfighter could not even state on which street his clinic is situated only offering to say the “clinic” operates at his convenience.

Martha Karua says this Parliament is most wanting in integrity and moral uprightness where merchants of corruption, guns for hire and brazen defenders of impunity lord.

She has raised queries about the integrity of some of the investigations by House committees claiming they were riddled with corruption, political interests and that some of the reports were manipulated. That should make netizens look like saints after all neti is packed with pickpockets, petty thieves and ganja peddlers.

It’s time to tell the Speaker Hon Marende to clean house, beginning with the PSC, which he chairs. It’s disturbing that a Motion that was to be tabled detailing the shenanigans within that body has never been listed for debate while it is public knowledge the issues which the Motion seeks to address.

It is the same PSC that wanted to import seats at Sh400,000 each?

Even the Marendes being “made” by neti are believed to be highly overpriced. My mole tells me that other than the imported leather, the rest could have been made by our jua kali artisans at less than half their going price. Hey, it would be a great shame for our MPs to sit on seats made by conscripted labour before they debate and pass a Motion on netizens’ earning scheme. I digress.

What Hon Karua, Mbadi, Millie and others have simply said is that there are criminals in Parliament. Period.

CJ Willy Mutunga could have jumped the gun by declaring that any kizee or dudette who falls short of the threshold in Chapter 6 of the Constitution will not see any leadership position at the next polls, but being a smart legal mind, l believe the brother was only liberally interpreting the self-executing Article 73 section 1(a) (ii, iii and iv) as read with section 2 (c, d and e).

The  authority that these leaders wield is public trust and that we are the bosses, they are the servants.

That being the case, Kenyans could safely argue that the recent self-award of hefty gratuities at the completion of their terms is illegal.

Besides usurping the role of the Salaries and Remuneration Commission as spelt out in Article 230(4) (a), their decision also contravened Article 10, which binds all State organs, all persons whenever any of them (1) (b) enacts, applies or interprets any law or (c) makes or implements public policy decisions.

MPs must agree that by failing to allow public participation before making the ill-thought decision; by avoiding inclusiveness and equality; by lacking accountability and transparency in the matter; MPs failed to uphold the very supreme law that the swore to defend and therefore to that extent their pay-off allowances are null and void.

no philanthropy here

MPs wiggled out of paying taxes, but Njiraini never withdrew the demand notices so they should be prepared for a rough ride once their terms end. Can’t they see Hon Mutula Kilonzo whose entire salary goes directly to KRA to pay back taxes? Paying taxes is not a philanthropic exercise and nothing will change the fact that we will demand that all those seeking public positions make public their tax returns.

Perhaps what should strike the biggest fear in the minds of the philandering lot of MPs is that just like the once popular John Edwards is facing trial in the US for using campaign chwaa to keep a mistress at a time when his wife was down with cancer, all those who have been using chwaa pilfered from CDF projects to keep mipango wa kando and ziada will soon be dead meat.

I’m informed of a dossier of one who inflated the cost of building the local CDF office 10 times and used part of the chwaa to pay off creditors who wanted to auction his prime property in the leafy side of town.

If Hermain Cain could be bumped off the Republican ticket on account of alleged marital infidelity, if Bill Clinton almost lost the presidency courtesy of Lewinskygate, if Tiger Woods lost major sponsorships because of mipango wa kando, why should we entertain chaps who cheat on their spouses? How naive are Kenyans to believe  in people who cannot keep marital vows.

Netizens hereby give notice to all current and aspiring waheshimiwa: lf you know you have ever paid anybody to bump off your biz or political rival; if you snort or sell drugs;if you have engaged in hanky panky with school kids; if you have extorted chwaa from companies to ask or drop questions; if you’ve been corrupt, sahau uongozi and get ready to come to neti.

The CJ was only stating the inevitable. It was not a threat or a boast but just the way it’s going to be. Remember that a criminal is anyonewho breaks the law whether caged like me or influential. 

Writer is an insider who comments on policing and reform matters.