President Uhuru
Kenyatta’s administration has steadily gained a foothold in key constitutional
offices two years after he took office, if recent legislation and actions are
anything to go by.
Made with an eye
on the 2017 General Election, the decisions have left some of the senior
Kibaki-era appointees unsettled as President Kenyatta stamps his mark on
government.
“Regime
consolidation is an important aspect of self-preservation, and Uhuru (Kenyatta)
has been no exception. In Western governments, the elected leaders appoint
people according to their ideological persuasion because such appointees tend
to give outcomes the regime desires,” political analyst Martin Oloo told the
Sunday Nation.
However State
House spokesman Manoah Esipisu dismissed the claims saying: “As far as we are
concerned independent institutions are operating as independent as they would
in any democratic society. No one tells the Inspector-General of Police what to
do. IEBC is carrying out its functions independently as all other independent
offices.
EACC has had
challenges and even the President alluded to that in his State of the Nation
address to Parliament and some of those challenges have come from within the
commission itself.
However, Kenyans
need to remember that no institution operates in a vacuum. Obviously the
general perception is that when things are not working in a certain agency or
department then it is the executive that is meddling. The answer is no.”
The most overt
of such actions came when President Kenyatta acrimoniously pushed through
Parliament enactment of the Security Laws (Amendment) Act, 2014. With the Act
in place, he totally diminished the independence of the National Police Service
Commission (NPSC).
The Act,
sections of which were later expunged by the High Court, now grants the
President powers to appoint and fire the Inspector-General of Police, making
the holder of the office subservient to the Presidency.
The weakening of
the Inspector-General of Police’s independence became clear after the recent
Garissa University College terrorist attack in which 148 people were killed by
the al-Shabaab.
In his first
national address after the incident, the President directed the
Inspector-General of Police Joseph Boinnet to speedily ensure the 10,000 police
recruits whose enrolment was pending due to a court case to report for
training.
“I take full
responsibility for this directive. We have suffered unnecessarily due to
shortage of security personnel. Kenya badly needs additional officers, and I
will not keep the nation waiting,” he said.
Article 245 (4c)
of the Constitution provides that no person can give a direction to the
Inspector-General of Police with respect to “employment, assignment, promotion,
suspension or dismissal of any member of the National Police Service.”
Furthermore, the
human resource function is the domain of NPSC under Johnstone Kavuludi, which
has now been rendered toothless.
The Independent
Police Oversight Authority (IPOA), which provides for civilian oversight of the
police, has since warned that it will cite Mr Boinnet for contempt of court if
he goes ahead to implement the directive. Similarly, the Judicial Service
Commission (JSC) also faulted the President’s directive and asked Mr Kenyatta
to respect the dignity of the courts.
For Mr Oloo, the
independent offices as the Constitution provides only remain so when the people
in those positions share the same ideology with the head of the executive.
“Kenyans are a
long way from experiencing the benefits of these so-called independent offices.
In reality, they buckle under pressure. If not, they are removed,” said Mr
Oloo.
It is therefore
not surprising that where the executive branch cannot change the people at the
helm of the commissions, they use coercion or cause disharmony as a pretext to
come up with tribunals to remove the individuals, according to Mr Oloo.
That could
explain why at the Ethics and Anti-Corruption Commission (EACC), the
executive’s hidden hand has been blamed for the internal feuds at the
commission.
EACC
commissioner Irene Keino recently accused President Kenyatta’s confidantes, one
of who has been identified as Jomo Gecaga, the President’s private secretary,
of coercing her to resign in a meeting.
“I wish to state that there is a brazen attempt to force my resignation and disbandment of the commission by a clique, which is a clear subversion of the Constitution,” she said.
“I wish to state that there is a brazen attempt to force my resignation and disbandment of the commission by a clique, which is a clear subversion of the Constitution,” she said.
Ms Keino said
she had been asked to resign from the commission and be given a new job as
deputy ambassador to Brazil. One of the commissioners, Prof Jane Onsongo,
meanwhile, bowed to pressure and left.
EACC chairman
Mumo Matemu is also said to have been approached to resign but demanded a lot
more than State House was willing to give, which explains the reason he was not
at the meeting with Ms Keino, Prof Onsongo and the president’s confidantes.
But it’s not
over yet for Mr Matemu and Ms Keino according to a source familiar with State
House’s plans.
“State House is
still leaning on Matemu’s and Keino’s resignation from the commission so that
they can appoint a new team that will dance to their tune,” the official told
the Sunday Nation.
That the
President’s office is keen on filling the constitutional commissions and
independent offices with individuals that will do their bidding also became
apparent when President Kenyatta nominated former executive director of his
party TNA Winnie Guchu and Kipng’etich arap Korir in place of Prof Christine
Mango whose term had expired and Rev Samuel Kobia at JSC.
The formal
appointment of the two is all that is left after Parliament approved their
appointments.
Rev Kobia,
Sunday Nation understands, was prevailed upon by State House to resign despite
the fact that he still had almost two years left on his term at the JSC.
Meanwhile,
Sunday Nation has also confirmed that there are plans to have another JSC
member Emily Ominde leave, either through resignation or by not defending her
position when her term expires in about two years. Ms Ominde represents
magistrates on the commission, and hers is an elective position, which means
the presidency would have to somehow persuade magistrates to vote in a
preferred candidate.
“There is a
pattern to take over and control all key commissions,” the official added.
That pattern
started with the control of Parliament, which has become the Presidency’s “toy”
based on tyranny of numbers and outright coercion of MPs.
AUDIT
BILL
The pattern of
consolidating power has also extended to muzzling the Auditor-General Edward
Ouko through the Public Audit Bill.
The Bill that
was passed by the National Assembly ties the hands of the Auditor-General on
the information he can include in his reports under the pretext of national
security. This is supposedly to avoid another public disclosure such as the
alleged illegal transfer of Sh2.4 billion from the Interior ministry less than
two months before the 2013 General Election.
Meanwhile,
Parliament has yet to enact legislation to give full effect to the Office of
the Controller of Budget who oversees the implementation of the budgets of the
national and county governments by authorising withdrawals from public funds.
As such, the Controller of Budget Agnes Odhiambo continues to operate as an
appendage of the National Treasury.
Secretary to the
Cabinet Francis Kimemia and Defence Principal Secretary Mutea Iringo have been
the casualties as President Kenyatta seeks to rid himself of the excesses from
the Kibaki era. Both Kimemia and Iringo were recently suspended after they were
mentioned in the EACC dossier of individuals under investigation for alleged
corruption.
Other carryovers
from the Kibaki era who have lost their positions altogether include ex-spy
chief Michael Gichangi who was replaced by Maj-Gen (rtd) Philip Kameru and former
police chief David Kimaiyo who was replaced by Mr Joseph Boinnet.
But Esipisu
said: “All Kenyans have a right to serve in government and there are some many,
probably in their thousands, that served in the previous regimes. One or two
changes cannot be used to generalise that the Jubilee Government is shedding
off Kibaki-era appointees.”
Similarly, for
him to have a say in the Civil Service, President Kenyatta appointed Joseph
Kinyua to a non-existent position of the head of public service despite the Constitution
creating an independent Public Service Commission (PSC).
And to oversee
the functions of the non-governmental organisations, a government operative
Fazul Mohammed Yusuf was appointed the executive director of the NGO Board.
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