Failed bid to stop President Ruto Cabinet secretaries picks

Davis Chirchir, Energy Cabinet secretary nominee during his vetting in Parliament on October 18, 2022. PHOTO | DENNIS ONSONGO | NMG

By EDWIN MUTAI More by this Author

Kenyans raised integrity questions on seven of the 24-member Cabinet secretary nominees set to take the oath of office after Parliament cleared them for appointment by President William Ruto.

The public filed 23 affidavits to the Committee on Appointments out of which four affidavits contested the suitability of the seven nominees. The rest supported the appointment of the various candidates.

Read: Parliament saves Malonza, approves all Ruto's Cabinet picks

The Kenya Human Rights Commission and Transparency International raised integrity concerns over the nomination of Treasury Cabinet secretary nominee Njuguna Ndung’u, Davis Chirchir (Energy), Moses Kuria (Trade), Mithika Linturi (Agriculture), Aisha Jumwa (Public Service), Alice Wahome (Water) and Ababu Namwamba (Sports and Youth).

Although the affected candidates dismissed the claims against them when they appeared before the vetting panel, the committee was unable to determine whether there were any pending criminal proceedings against them as Director of Public Prosecutions Noordin Haji did not respond on time.

“The clerk of the National Assembly vide a letter dated October 15, 2022, Ref No. NA./CAN/CORR/2022 (147), wrote to the Director of Public Prosecutions requesting a status report on whether there were any pending criminal proceedings against the 24 nominees,” the report of CoA states

“However, the DPP did not reply to the request for information on the nominees.”

Davis Malombe, executive director of Kenya Human Rights Commission, in an affidavit, contested the nomination of Prof Ndung’u, Ms Wahome, Ms Jumwa, Mr Kuria and Mr Namwamba, arguing they did not meet the requirements of Chapter Six of the Constitution.

He claimed in the affidavit that Prof Ndung’u was not qualified for facing abuse of office charges involving the irregular award of tender while serving as governor for the Central Bank of Kenya in 2014.

Mr Malombe also claimed Prof Ndung’u was adversely mentioned or involved in the irregular sale of the Grand Regency Hotel in 2008, citing the report of the Commission of Inquiry into the sale of the hotel.

He said Ms Wahome was captured on video assaulting an Independent Electoral and Boundaries Commission (IEBC) on October 17, 2017. Mr Malombe also told the vetting panel that Ms Jumwa had been charged with murder and misappropriation of the National Government Constituency Development Fund (NG-CDF).

The petitioner claimed Mr Kuria was under investigation for embezzlement of NG-CDF funds for the Gatundu Constituency and publicly confessing to having received a bribe of Sh100,000 in 2020 to vote for Amos Kimunya as the Leader of the Majority.

Mr Malombe wanted Mr Namwamba not to be cleared for being adversely mentioned in a bribery scandal when he was the chairperson of the Public Accounts Committee (PAC) in 2014.

Sheila Masinde, executive director of Transparency International Kenya, put in an affidavit similar in wording to that of Mr Malombe except that it contested the suitability of Mr Chirchir and Mr Linturi.

Ms Masinde drew the attention of the committee to the nomination of Mr Chirchir who was adversely mentioned in the “Chicken Gate” scandal where officials of the IEBC received kickbacks from the UK-based ballot printing company.

On Mr Linturi, Ms Masinde asked the committee to reject his nomination for being accused and charged with attempted rape.

“The affidavit was a written statement on oath and therefore complied with section 6(9) of the Public Appointments (Parliamentary Approval) Act, 2011,” the report states.

The House threw out a memorandum by former workers of Nguo Yetu Limited claiming that Mr Kuria, as the chairman of the firm at EPZ Athi River, declined to pay their salaries in June, July and August 2021. The letter was thrown out on account of being filed out of the deadline of Friday, October 14, at 5pm.

All the nominees put up a spirited defence and denied all the claims against them by Mr Malombe and Ms Masinde.

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