The release of an explosive report on the National Youth Service
(NYS) scandal is facing strong resistance as the National Assembly’s
Public Accounts Committee races against time to complete it.
A
series of failed committee meetings blamed on quorum hitches have now
raised concern that powerful forces in the government and the financial
sector could be working behind the scenes to frustrate the efforts to
expose those behind what is considered the biggest scandal in recent
years that involved the loss of at least Sh1.6 billion. MPs were, for
example, supposed to meet last Tuesday but not enough members turned
up.
A second attempt to rally them on Thursday to
finish the task flopped and Chairman Nicolas Gumbo is hoping to whip the
MPs into attending a meeting on Tuesday as the clock fast ticks towards
the end of the 11th Parliament.
Some members pointed
out that these are just the latest occasions where sessions have been
shelved under unclear circumstances as there were many postponements
late last year.
The Nation has learnt that
haggling over suspects to be cleared on the one hand and those to be
indicted on the other is fomenting the impasse that threatens the very
existence of the committee whose fate lies with the Speaker Justin Muturi over bribery allegations brought by Elgeyo Marakwet Senator Kipchumba Murkomen.
While
he could not be drawn into discussing specifics, Ford Kenya MP and
committee member Eseli Simiyu pointed out that the final lap had
attracted immense interests.
“We are supposed to deal with culpability, who did what,
apportioning blame, that’s why things are not moving. There could be an
unseen hand which we are not aware of.”
He said that while the remaining work needed three or four days to clear, several impediments keep on cropping up.
“It
is very unfortunate that we are yet to finalise that report. It is
causing us a lot of anxiety. A number of us are concerned that we are
not making progress like we should. We were supposed to meet on Thursday
but it was cancelled under unclear circumstances,” he said, adding that
they later learnt that the Treasury had not released some crucial
documents.
Should the MPs refuse to play ball, the plot
could be to frustrate the process until the House goes on indefinite
recess on June 15 and dissolves on August 7, a day to the elections.
According
to multiple sources in the committee, who spoke in confidence, while
individuals in high places are understood to be responsible for the
stalemate given their cronies or they themselves are liable, a strong
hand of some financial institutions is equally implicated.
Banks
are said to be deeply involved in the scheme over the Sh1.6 billion
scandal that has proved to be a nightmare for Jubilee.
Deputy
President William Ruto’s aide Farouk Kibet and a law firm linked to his
ally, Mr Murkomen, are among those that have been dragged into the saga
that had in the past threatened to tear the ruling coalition apart.
WAIGURU FORCED TO RESIGN
Devolution Cabinet Secretary Anne Waiguru was in 2015 forced to resign
after sustained pressure on the evolving scandal. Investigations by the
Ethics and Anti-Corruption Commission have also led to multiple court
cases over abuse of office and dubious tenders.
In a
letter to Speaker Justin Muturi on December 16 last year, Senator
Murkomen sensationally accused some members of the powerful watchdog
committee of receiving Sh40 million from a bank adversely implicated in the scandal to shield it from investigations.
If
Mr Muturi chooses to refer the matter to the Powers and Privileges
Committee, the process will drag for a few more weeks, if not months.
The
Gumbo-led outfit risks suffering the same fate as its precursor under
Budalang’i MP Ababu Namwamba. That team was disbanded following
allegations that it had turned into a rent-seeking squad, extorting from
suspects and implicating those who fail to cooperate.
Mr Gumbo, however, denies any attempts to arm-twist the committee into adopting a lenient report.
“A non-existent report can’t be doctored,” he said.
He added: “The report will hopefully be ready this month. I am more interested in an accurate and exhaustive report as opposed to a ‘pressure-cooker’ dish that’s neither hot nor cold,” the opposition lawmaker said.
He added: “The report will hopefully be ready this month. I am more interested in an accurate and exhaustive report as opposed to a ‘pressure-cooker’ dish that’s neither hot nor cold,” the opposition lawmaker said.
WATER DOWN REPORT
On
February 1, a section of the lawmakers met in Mombasa but could not
agree on the proposed recommendations after claims they were being asked
to water down the report in favour of influential people dominated the
session. A planned meeting to build consensus did not take place the
subsequent week.
A senior member of the committee told the Sunday Nation that NYS suspects who fear they may be faulted could be orchestrating quorum hitches to defeat the process. The banks are also said to be keen to influence a favourable report. Were the regulator to take disciplinary action against them on recommendations of the committee, it could severely affect their business. Some 28 banks handled the NYS monies.
This is a somewhat ironic turn of events as, ordinarily, MPs are known for their huge appetite for sitting allowances that make the bulk of their income and largely coming from committee sessions.
Marakwet East MP Kangogo Bowen acknowledged that being a high-profile case, it is expected that some forces outside the committee would want to have a say on the output.
“A lot of interests are at stake; you know it is a high voltage investigation,” he said.
A senior member of the committee told the Sunday Nation that NYS suspects who fear they may be faulted could be orchestrating quorum hitches to defeat the process. The banks are also said to be keen to influence a favourable report. Were the regulator to take disciplinary action against them on recommendations of the committee, it could severely affect their business. Some 28 banks handled the NYS monies.
This is a somewhat ironic turn of events as, ordinarily, MPs are known for their huge appetite for sitting allowances that make the bulk of their income and largely coming from committee sessions.
Marakwet East MP Kangogo Bowen acknowledged that being a high-profile case, it is expected that some forces outside the committee would want to have a say on the output.
“A lot of interests are at stake; you know it is a high voltage investigation,” he said.
He
regretted that the attention of most of his colleagues had shifted to
campaigns. He pointed out that they are hardly in Nairobi.
“Chairman has sent us a message to convene on Tuesday, let’s see how it goes,” he said.
“Chairman has sent us a message to convene on Tuesday, let’s see how it goes,” he said.
Being an election year, incumbent lawmakers have already retreated to the villages to fight for re-election.
These
investigations have arguably presented PAC with one of its most
daunting tasks in its brief history since a number of the companies
implicated are either owned by MPs, their relatives or cronies, raising
serious questions on conflict of interest.
MPS ARE BENEFICIARIES
And,
with reports that some MPs are beneficiaries of the loot, there are
allegations that they have been advised to “go slow” for fear that they
could be exposed.
But House Majority Leader Aden Duale defended Jubilee against claims that it was slowing down the pace of investigations.
But House Majority Leader Aden Duale defended Jubilee against claims that it was slowing down the pace of investigations.
“Firstly,
the President and his Deputy are not PAC members to interfere with
deliberations. Secondly, can you ask this committee why it has taken
them two years to bring this matter to a close? Jubilee leadership will
only come in once the committee presents its report before the House.”
In his combative element, Mr Duale threw down the gauntlet at the PAC’s doorstep, accusing it of being complicit in the saga.
“PAC
is deeply involved in the matter of NYS, otherwise why would they take
this long? They are either using it for personal gain, political mileage
or both. Let its chairman walk the moral high ground and table the
report in the shortest time possible,” he said on Saturday.
The
Garissa Township MP maintained that Jubilee had reined in corruption
and that everyone who is found guilty in the ongoing investigations will
not be spared.
Chief Whip Katoo ole Metito agreed with him, saying “I am not aware of pressure from any quarters to have PAC adopt a friendly report.”
Chief Whip Katoo ole Metito agreed with him, saying “I am not aware of pressure from any quarters to have PAC adopt a friendly report.”
Facing what already looks like a
tough re-election campaign, President Uhuru Kenyatta’s Jubilee would not
want to have a matter as unpalatable as this to hog the public
limelight since the opposition has demonstrated the ability to
capitalise on such to try and tilt the balance in its favour.
The
11th Parliament has since 2013 been accused of being an appendage of
the Executive, passing laws as dictated by it and scuttling probes where
government officials are involved.
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