Cabinet Secretaries Fred Matiang’i, Cleopa Mailu, Najib Balala, Amina
Mohammed, Joe Mucheru and Aden Mohammed at the Jubilee Party manifesto
launch in Kasarani, Nairobi, on June 26. The IEBC said CSs may
participate in political activity, even as the Ombudsman and HRW lament
use of State resources in party campaigns. PHOTO | EVANS HABIL | NATION
MEDIA GROUP
By IBRAHIM ORUKO
Three weeks after the Ombudsman warned against the use of State
resources in political campaigns, government agencies are still getting
involved in electioneering.
The
Commission on Administrative Justice (the Ombudsman) recently called on
the Independent Electoral and Boundaries Commission (IEBC) to take
action against any political party or candidate “proven to have aided or
abetted the participation of public officers or use of public resources in political activities”.
“The
participation of public officers and use of public resources in
political activities politicise and create anarchy and patronage in the
public service and other appointive positions, thereby undermining the
Constitution,” warned the Ombudsman’s acting chairperson Regina Mwatha.
STATE AGENCIES
With
little over a month to election day, concerns have been raised that
State agencies are stifling perceived opponents of the government while
drumming up support for Jubilee Party.
US-based
organisation Human Rights Watch on Sunday warned that, by dabbling in
active politics, the agencies violate national laws and erode public
confidence in the institutions.
Mr
Otsieno Namwaya, HRW lead researcher for Africa, said one of the
factors flagged by the Waki Commission as a cause of the 2007/2008
post-election violence was the public’s lack of confidence in State
institutions such as the Judiciary and the police.
“Even
though some of these institutions were reformed, they are today engaged
in acts that are eroding confidence in the eyes of the public,” said Mr
Namwaya. “Our worry is that, by this behaviour, the August 8 elections
may not be free and fair.”
ENGAGE IN POLITICS
Also
in the spotlight are those heading such agencies or in positions of
authority who actively engage in politics, in breach of the Public
Service Code of Conduct and Regulations.
And
despite many laws barring public servants from political party
campaigns, a number of them have defied them and are part of the Jubilee
campaign machinery.
Section 16 of
the Public Officers Ethics Act requires them not to engage in any
political activity that may compromise or be seen to interfere with the
neutrality of their office.
Section
15 of the Electoral Offences Act warns that those who engage in active
campaigns for a political party or act as its agents are liable to a
fine of up to Sh1 million, imprisonment for up to three years or both.
PARASTATAL CHIEFS
But this has been ignored by top parastatal chiefs, constitution commission chairs and heads of independent offices.
Among institutions in the spotlight are the NGOs Coordination Board and its chief executive Yusuf Fazul Mahamad,
the National Police Service (NPS) and its Inspector-General Joseph
Boinnet, the Kenya Revenue Authority (KRA) and its Commissioner-General
John Njiraini and the Communications Authority of Kenya (CA).
Others
are the National Cohesion and Integration Commission (NCIC) and its
chairman Francis ole Kaparo, as well as the IEBC and its chairman Wafula
Chebukati.
The NGOs Board has been flagged as being overzealous.
Besides
openly supporting Jubilee, it has muzzled alternative voices,
deregistering civil society groups or perceived critics of the State.
DEREGISTERED FOUNDATIONS
In
the past six months, the board has deregistered two foundations headed
by senior members of the National Super Alliance over what Mr Fazul
claimed were financial irregularities. Nasa is fighting to oust
President Uhuru Kenyatta.
The NGO
Board swung into action after President Kenyatta’s claim on Jamhuri Day
that money disguised as for supporting good governance or civic
education was meant to “influence our election”.
The board consequently terminated the $20 million (Sh2 billion) Kenya Electoral Assistance Programme of the International Federation for Electoral Systems (Ifes) for not being registered as an NGO.
Mr
Fazul’s letter ordered Ifes to cease operations immediately, ordered
its foreign employees out and instructed the Central Bank of Kenya to
freeze its bank accounts.
STATE PROTECTION
Mr Fazul has always enjoyed State protection whenever issues touching on his integrity and qualifications have arisen.
Devolution
Cabinet Secretary Mwangi Kiunjuri’s attempt at dissolving the board
last year was quickly rescinded and the board moved to the Interior
ministry.
The arrest of Nation journalist Walter Menya on
allegations of corruption over his story implicating top civil servants
in Jubilee campaigns also exposed the apparent collusion between the
NPS and the party’s propaganda team.
Jubilee-allied
bloggers broke the news of the arrest on social media, complete with
photos of Mr Menya in handcuffs at the highly fortified Directorate of
Criminal Investigations (DCI) headquarters.
IMPLICATING JOURNALIST
They also circulated the alleged evidence implicating the journalist
even as the investigators were asking the court to allow them to hold
him longer than 24 hours to “conclude investigations”.
The audio recordings and alleged M-Pesa transactions were not admitted as evidence.
The saga also exposed the DCI, headed by Mr Ndegwa Muhoro, as working for Jubilee.
That
Mr Boinnet released a statement himself announcing the arrest of Mr
Menya, claiming he had been arrested for extortion but without revealing
the identity of the victim, also raised eyebrows.
FUNDRAISING DINNER
The involvement of Mr Njiraini in the party’s fundraising dinner last month also raised questions.
Mr
Chebukati’s recent statement that Cabinet ministers are free to
campaign, saying they were within the law, was also seen as partisan.
IEBC has been seen to echo Jubilee calls on a number of issues.
For
example, Mr Chebukati condemned plans by Nasa to set up a parallel vote
tallying system yet ignored the fact that Jubilee was also setting up
its own.
On Sunday, however, the commission sought to
fight partiality accusations, saying it has a professional relationship
with all political parties.
MANAGE ELECTIONS
“We
exist to manage elections and we are doing it professionally. I won’t
comment on mere allegations,” said the IEBC through director of
communications Andrew Limo.
Mr Kaparo
has triggered claims of bias when he supported Jubilee in hitting out
at Nasa’s “10 million-strong” campaign slogan, pointing out that it
could cause violence, yet he has been silent on Jubilee Party’s own
“70+1” call.
But on Sunday, he clarified that he had condemned both sides of the divide for peddling falsehoods.
Orange
Democratic Movement (ODM) chairman John Mbadi called on Director of
Public Prosecutions Keriako Tobiko to open investigations on all public
servants who have openly engaged in political party campaigns.
“What is DPP doing?” asked Mr Mbadi. “This is pure negligence on the part of the DPP.”
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