Deadlock looms over nominees to anti-graft agency

By ALEX NDEGWA

Cabinet resolution to press for the confirmation of three controversial nominees to the anti-corruption agency has elicited hostile reception from a parliamentary committee that rejected the team.

Members of Parliament’s Justice and Legal Affairs committee, whose unflattering assessment of the nominees prompted a deadlock in the House, have questioned the Executive’s obsession with the team.

President Kibaki and PM Raila Odinga have closed ranks to push for the approval of Mumo Matemu, Jane Onsongo and Irene Keino as commissioners of the Ethics and Anti-Corruption Commission.

A Cabinet meeting on Thursday resolved the Government would move a motion next week to seek approval of the nominees, who split Parliament down the middle in a contentious vote last year.

Following the hang vote on the report by the committee, which recommended rejection of the nominees, Speaker Kenneth Marende directed the Government to re-start the confirmation hearings.

Justice Minister Eugene Wamalwa finds himself in an awkward position to move the motion for approval of the proposed commissioners on behalf of Government. Prior to his appointment to Cabinet, the Saboti MP was a member of the Justice committee, which made a unanimous decision to dismiss the nominees as ‘lacking passion’ for the job.

A past Cabinet meeting. The Executive is now seeking approval of the three nominees to the Ethics and Anti-Corruption Commission.   [PHOTO: FILE/STANDARD]

Yesterday, chairman Njoroge Baiya warned the committee would lobby members to reject the names.  Baiya said it would be embarrassing if Parliament were to approve nominees previously rejected by the committee, which MPs had entrusted to undertake vetting.

“We have not changed our position. The team is not up to the task. We will be urging Parliament and Kenyans to reject that team because it is not capable of spearheading the fight against corruption,” he said.

Requisite drive
In its report, the committee argued that although the three had outstanding academic competences, they did not have the “requisite initiative” to lead the anti corruption watchdog.

It read in part: “The nominees did not demonstrate sufficient interest in the fight against corruption.” The Githunguri MP alleged a conspiracy to install an ineffective anti-corruption team as a cover up for corruption cases involving prominent personalities.

EACC is among bodies that will undertake vetting for aspirants seeking public offices. Instructively, directors of its predecessor, the Kenya Anti Corruption Commission, were shown the door as investigations closed in on prominent figures, including ministers and MPs implicated in graft.
Kisumu Town West MP Olago Aluoch, a member of the committee, questioned why the Executive was determined to “ram the nominees down the throats” of Kenyans.

“I get concerned that Cabinet is setting the stage for a stalemate between Parliament and the Executive,” Aluoch said. “I will oppose the team as I had done in the past because the circumstances have not changed.” Aluoch asked: “Knowing the mood of the House, why would Cabinet insist on the appointments under a cloud of controversy.”

The ODM MP said the President and PM should have presented new names so the anti-graft campaign doesn’t appear like it had set off on the wrong footing.

“We are aware that there are forces in the Executive that are determined to have a weak anti-corruption commission, which they can manipulate hence the obsession with the nominees,” Aluoch said.

Baiya added: “We need people who have a background to fight the vice. Look at the National Hospital Insurance Fund mess to see how daring people have become.”

The Standard On Sunday learnt members of the Justice and Legal Affairs committee held an informal meeting with the Justice minister at his offices last week.

The talks reportedly were to discuss how they would work together with their former colleague on the reform agenda, but the minister was asked how he would reconcile his new role and his past position on the EACC nominees.

Another member who spoke on condition on anonymity because he did not wish to be quoted doubting his colleague’s effectiveness said it was unlikely the minister would maintain his opposition. “You should understand the political forces behind his rise. It may be now that he is not his own man,” said the MP. Wamalwa has publicly stated he owes his allegiance to Kenyans and not perceived political masters.

Some members who are opposed to the nominees alleged intimidation and underhand lobbying ahead of the crucial motion.

Ndaragwa MP Jeremiah Kioni, who supported the committee’s report rejecting the nominations, said the United Democratic Forum (UDF) party would take a collective position on the matter. “I don’t want to comment as an individual. We would want to take a collective position as UDF,” he said.

Initial setbacks
But as reports intensified Executive was determined to push through the names even after the initial setback, MPs allied to UDF had vowed to rally support to reject them if re-introduced in Parliament.
The MPs spoke after attending a UDF consultative meeting at a hotel in Nairobi. Those present included Kioni, Baiya, Abdikadir Mohammed (Mandera Central), Ahmed Sugow (Fafi), Kabando wa Kabando (Mukurwe-ini), Ali Bahari (Isiolo South) and Mahamud Sirat (Wajir South).

The matter has had twists and turn underlining the keen attention, especially the political elite attach to the body with a critical role in enforcing the constitutional chapter on leadership and integrity.
In February, fresh controversy emerged over the names of the nominees with report the premier had written the House Speaker seeking to have them withdrawn.

It was a twist considering in December, House Acting Temporary Speaker Gitobu Imanyara told Parliament the President had forwarded Matemu’s name for approval by MPs following consultations with the PM. But on Thursday, the two principals appeared to close ranks.