THE PRESIDENT’S RIDICULE OF THE PM DOES NOT HELP THE FIGHT AGAINST CORRUPTION
By MIGUNA MIGUNA, FEBRUARY 24, 2010

Now we know: Latest opinion polls show that 72% of Kenyans believe that the Prime Minister, Raila Odinga, is fully committed to the fight against corruption and impunity. Only 28% of Kenyans support President Kibaki’s cynical view that the fight is being “politicized and personalized.” That is very encouraging news, coming, as it did; just moments after the President stood in Parliament and tried to ridicule the PM.

Kenyans have overwhelmingly rejected the notion that suspending cabinet ministers and senior public servants in order to allow for credible investigations amounts to “personal vendetta,” “settling scores” or “politicization” of the fight against corruption.

To effectively fight corruption, it is imperative that individuals suspected of involvement must be identified, singled-out, investigated and if found culpable, prosecuted. That process, inevitably, demands courage and commitment. Kenyans agree that the PM has demonstrated courage and commitment on this issue; just like he has done on the restoration of the Mau.

Although the President stated that “his” government (notice how he has refused to internalize the fact that it is a grand coalition Government) “was” committed to the fight against corruption, he failed to specify concrete actions that such a “fight” demands. Effective fight against corruption cannot be achieved through mere utterances. To fight and conquer corruption, the Government must get rid of those credibly suspected of graft; those already charged or being prosecuted; and those named in the various public reports of commissions, inquiries and audits.

PNU and KKK politicians are demanding that the PM should take political responsibility and step aside concerning the maize scandal because he chairs the cabinet sub-committee on agriculture and purportedly chaired the Ad Hoc Committee on maize importation. What is amazing, however, is how both the media and those politicians have failed to notice that the cabinet was also involved, and the cabinet’s chair is President Kibaki. If they are honest, why aren’t they demanding that the President, who chaired the cabinet meeting that either “approved” or “noted” – depending on whose version one is inclined to believe – the request for the importation, single-sourcing of Afgri Ltd, Euro World Ltd and Senwes, and the increment of the price from $430 to $455 per metric tone for non-GMO maize, should also resign?

We must also demand an explanation why the Finance Minister, Uhuru Kenyatta, his Permanent Secretary, Joseph Kinyua, and the Minister for Special Programs, Naomi Shaban – all members of the Ad Hoc Committee – were not suspended, are not being adversely mentioned, and no one is asking for their resignation in relation to their ministries’ involvements. In fact, Kinyua was a more significant member of the Ad Hoc Committee than the PM’s Chief of Staff, Caroli Omomdi. Yet, ironically, the PM, who is not mentioned in the PWC’s Report is suddenly a target for “further inquiry” by John Mututho’s Agriculture Parliamentary Committee.

According to the PWC Report, Agriculture minister William Ruto, Livestock minister Mohammed Kuti, Northern Kenya Development minister Mohamed Elmi and numerous MPs irregularly wrote letters for allocation of maize by the NCPB to third parties or to themselves. The PWC report also implicate various NCPB directors, appointed by Ruto, but none of whom have been suspended, dismissed or charged.

To the extent that we should be committed to constructing a just and equitable country governed by the rule of law and constitutionalism, I agree with the President that the war against corruption must be fought justly and impartially. However, I disagree with the President’s emphasis on talking rather than acting. I also disagree with the President’s attempt to ridicule the PM’s decisive action against two cabinet ministers who are implicated by the PWC report. Publicly ridiculing the PM is not a sign of statesmanship; it is partisan political posturing.

Kenyans are waiting for prosecutions of, long jail terms for and recovery from known perpetrators of (a) the Sh 56.3 billion Anglo Leasing scandal; (b) the 2007 Ken Ren fraud; (c) public theft and looting contained in the Kroll report; (d) the irregular transfer of 10% of Telkom (K) Ltd shares in Safaricom to Mobitelea Ventures; (e) the Sh 70 billion Goldenberg rip-off; (f) the irregular and fraudulent payment of Sh 72 million of public funds to six lawyers in Feb 2006 for a 5-day court appearance; (g) the 2008 Line 4 Pipeline and Triton thefts; and (h) the 2001 KPLC scandal relating to the “treated wood poles” at Minstry of Energy.

And, of course, these must be in tandem with investigations, prosecutions, incarcerations and recoveries in the maize scum and the Ndug’u Land Report.

If no decisive action is taken on these and other cases, then it would matter not how many public proclamations the President makes. Finally, Kenyans’ demand for the professionalization, independence and ethical judiciary cannot be achieved when the President still issues orders to them to speed up trials. In view of the foregoing, the PSC draft constitution would make matters worse because the Presidency envisaged is more powerful than the Egyptian Pharaoh!
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The writer is the Prime Minister’s Adviser, Coalition Affairs, and Joint Secretary to the Permanent Committee on the Management of Grand Coalition Affairs. He is a Barrister, Solicitor and Advocate of the High Court. The opinions expressed are his own.