Kimemia caught in controversy over recruitment

By Vitalis Kimutai

The Office of the President has been embroiled in a fresh controversy over appointments to various commissions.

In particular, the office of acting Head of the Civil Service Francis Kimemia is being accused of meddling in appointments to the Public Service Commission.

The PSC is especially sensitive since it has a key role in the devolution of public services to the 47 counties created by the new Constitution.

Apart from developing human resources in the public service, the PSC will also “hear and determine appeals in respect of county governments’ public service”.

The selection panel for the PSC jobs under the chairmanship of Richard Ndubai shortlisted 49 candidates for the reconstitution of the PSC.

However, it emerged that applicants from counties in marginalised areas were not short-listed, while some counties had more than one applicant.

Article 232 of the Constitution says that the reconstituted PSC must offer adequate and equal opportunities for appointment, training, and advancement” to men, women, persons with disabilities, and ethnic groups.

A source at the Office of the President said the list is not acceptable because 18 counties are not represented despite people from those regions applying for the jobs.

“Nyeri has three, Murang’a two, Kirinyaga one, and Meru four while other areas have nothing,” said a senior officer in the Office of the President.

The officer said those not represented in the interviews are Tana River, Taita Taveta, Garissa, Wajir, Isiolo, Tharaka Nithi, Embu, Samburu, and Trans Nzoia.

Others missing counties are Nandi, Laikipia, Nakuru, Kericho, Busia, Migori, Nyamira, Nairobi, and Makueni.

Shortlisting wrong

Among those shortlisted are senior officers in the Ministry of State and Public Service, including the PS Titus Ndambuki and three other officers.

Mr Ndambuki is shortlisted as a member of the PSC, together with Njoki Kahiga, Alice Mwita, and Margaret Kobia.

Also challenged was the obvious conflict of interest created by the panel’s chairperson, Richard Ndubai sitting on the interviewing panel.

“The reconstituted PSC is crucial because it would take charge of nominating principal secretaries and forwarding the names to the President for appointment, hence the apparent attempt to manipulate the process,” said the source.

According to a list published on Monday by the PSC, 49 applicants have been shortlisted for interviews to pick nine commissioners to join the commission.

Callers who asked not to be named termed Ndambuki’s shortlisting as wrong because as the current PS, he is a senior officer and cannot be interviewed by his juniors for the PSC job.

“This is part of a wider scheme to fill these positions with suitable people for some purpose in the future and the media need to scrutinise the process,” said a source privy to goings-on at the Office of the President.

According to the new PSC Act 2012, the agency will have nine commissioners, including the chairperson, and vice-chairperson.

The new law seeks to establish a more independent commission to promote ethnic and regional representation in Government unlike in the past one. It is against this backdrop that callers claimed the list is not representative and needs to be reviewed.

The panel headed by Performance Contracting PS Richard Ndubai has advised shortlisted candidates to seek clearance from the Kenya Revenue Authority, Ethics and Anti-Corruption Commission, Credit Reference Bureau, and Higher Education Loans Board.

The public has been invited to make submissions to the selection panel on shortlisted candidates in confidence.  The panel says such member of the public should be prepared to appear in person to verify any information submitted.

Some 40 people have been invited for interviews for the position of vice-chairperson and members in interviews scheduled for October 22.

The panel said over 1,140 people had applied for the positions.

Outgoing National Assembly Clerk, Patrick Gichohi, and Pensions Director, Anne Mugo, are also in the line-up to be commission members as is Alice Muita. Heritage PS Jacob ole Miaron, Kenya School of Government Director-General Prof Kobia, former PS in the Directorate of Personnel Management, Simon Njau, and Commission for the Implementation of the Constitution Chief Executive, Peter ole Nkuraiya, are among nine applicants seeking to become chairpersons of the commission.

The Government is, however, yet to gazette the effective date of the new PSC Act 2012, which was assented to in August by President Kibaki.

Kimemia said he could not comment on the work of an independent body, adding that the interviews are yet to be completed to determine successful candidates.

“Why should I comment on an incomplete exercise being run by an independent body?” said Kimemia

Also controversial is the appointment of commissioners to the revamped Teachers Service Commission (TSC), which some top Government officials are said to be meddling.

MUZZLING BOARD

The latest furore comes on the heels of another standoff pitting Kimemia against Agriculture Minister Sally Kosgei over the latter’s appointment of Managing Director for Nyayo Tea Zones. The outgoing MD, Anne Kinyua had completed three terms at the helm of the authority. Kosgey replaced Ms Kinyua with Peter Kiplagat Korir.

But Kimemia is said to be pushing for the rehiring of Kinyua for a fourth term, something that has not happened in parastatal appointments.

The matter exploded in Parliament last week when Kosgei accused the Government Printer of refusing to publish a gazette notice containing her appointment.

The Government Printer is directly under the watch of Kimemia in the Office of the President.

“The fact that Kimemia has attempted to muzzle the board of directors to re-appoint Kinyua, even after she proceeded on terminal leave and was paid her benefits is a clear indication of interference by the Office of the President,” Ainamoi MP Benjamin Langat said.

On Tuesday Langat said the role of the Office of the President on the matter was only to appoint the chairman of the board at the State Corporation, but not the CEO.

The Nyayo Tea Zones Board forwarded the names of Peter Kiplagat Korir on July 19, to be gazetted as the managing director. He scored the highest marks in the interview where 11 candidates participated, but the board was slapped with a court injunction a day later.

“It is a fact Dr Kinyua did not re-apply for the job after her former position was advertised following recommendations by Agriculture Minister Sally Kosgei and Permanent Secretary Romano Kioko.

It is shocking that Kimemia could insist on her reappointment,” said Yatta MP, Charles Kilonzo.

The TSC selection panel under the chairmanship of James Kamunge is being accused of flouting the law by advertising four positions of chairman and three members instead of eight.

“What is the rationale of retaining five commissioners serving under the previous Constitution? If that is allowed to prevail, it would open loopholes for people to move to court to challenge legality of constituting the TSC,” Eldoret South MP, Peris Simam said.

Akello Misori and Omboko Milemba, the Kenya Union of Post-Primary Education Teachers secretary general and national chairman, said that the interviewing panel did not adhere to the procedures of shortlisting candidates.

Mr Misori and Mr Milemba said the common practice of publishing the names of all the applicants in major daily newspapers alongside the shortlisted candidates was not followed.

“Prof Kamunge’s panel started the process on a bad note, as regional balancing is not reflected in short listing the candidates,” Misori said.

Milemba said Kuppet wants a free, fair, and transparent process of picking commissioners in order that the envisaged reforms are implemented at TSC.

“In other commissions, including the Independent Electoral and Boundaries Commission, and the Police Commission, the positions were re-advertised for various reasons. The same should be applied to TSC,” Milemba said.