THE Commission on Administrative
Justice has asked President Uhuru Kenyatta to stop sending what it terms “mixed
signals” on anti-corruption and crack the whip on high-profile State officers implicated
in scandals.
The Commission, also known as the
Ombudsman, maintained that the President should immediately suspend Energy
Cabinet Secretary Davies Chirchir if his tough talk on sleaze is to be
believed.
Ombudsman Otiende Amollo insisted
that “a lot still needs to be done factually and not just by declaration”,
citing a recent Executive Order by Uhuru that gave the civil service a two-week
ultimatum on corruption.
“While I have no doubt that the
President is committed to fighting graft, by allowing officials whose names
have been gravely mentioned in matters of corruption to continue in office, the
executive ends up sending a mixed signal,” Otiende told the Star in an
exclusive interview.
“The CS for Energy ought to be
suspended, pending a quick probe into the matter. And this is not to say that
he is guilty,” he said.
Chirchir and IEBC Chairman Issack
Hassan are among senior State officers implicated in the Sh50 million
ChickenGate scam.
A London court has jailed the two
top directors of British printing firm Smith & Ouzman for bribing Kenyan
and other African officials to secure contracts.
Defence Principal Secretary Mutea
Iringo is also fighting for his career over some Sh2.9 billion lost during the
presidential transition in 2013, for which the Parliamentary Accounts Committee
has recommended his prosecution.
“If there was any particular offence
to which Parliament investigated a matter and found an officer culpable and
that report was submitted to the whole House and adopted, then it will be proper
to ask that officer to step aside,” Otiende pointed out.
The Ombudsman, who was also among
the Committee of Experts that drafted the 2010 constitution, maintained the law
holds that government officials implicated in graft must step aside.
“It is not about waiting until you
are charged in a court of law. It’s not until you are convicted. The
expectation of the constitution – both in letter and spirit – would be that, in
all these instances where people are adversely mentioned, in truth they should
step aside,” Otiende said.
Stung by runaway corruption, Uhuru,
in a hard-hitting but confidential Executive Order, asked all government
departments and agencies to furnish his office with their anti-graft strategy
in two weeks.
Part of the directive was that all
State corporations must within two weeks give his office details of all
procurement deals sealed since his administration took over in 2013 – complete
with contract value and awardees.
The two-week ultimatum lapsed on
Friday last week.
Otiende said his office is
finalising a probe into the anti-graft agency and would then send their report
to the National Assembly.
On Friday, Parliament received a
petition seeking to remove EACC Chairman Mumo Matemu and Vice Chair Irene Keino
over what the petitioner, Geoffrey Oriaro, described as incompetence and
violation of the constitution.
“We are investigating claims that
the Deputy CEO [Michael Mubea] was earning more money than is authorised by the
Salaries and Remuneration Commission and perhaps more than was approved by the
Commission itself and more than was offered to his colleague because there are
supposed to be two deputies,” Otiende said.
“We are also investigating claims
that the Vice Chair and the Deputy CEO may have gotten some houses from NSSF as
forbearance in respect to some investigations the EACC had with NSSF,” he said.
The Parliamentary Legal Affairs
Committee has up to 14 days to decide whether the two EACC chiefs should be
sent packing.
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