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Kenya: President Contravenes Law to Preside Over Harambee
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The Nation (Nairobi)
13 May 2008
Posted to the web 13 May 2008
Mike Mwaniki
Nairobi
Monday's harambee in which more than Sh457 million was raised within a few hours was the first by President Kibaki since he took over power in 2002.
However, the President's gesture contravened the Public Officer Ethics Act 2003, which prohibits public officials from presiding over harambees.
Bothered by the many harambees that marked Kanu's reign, Narc promised to abolish fund drives in its 2002 election campaigns. And true to its word, in April 2003, Narc set up a task force headed by then Subukia MP Koigi wa Wamwere to investigate harambees after the party formed the Government.
The task force was allowed to use past official reports and collect public views on whether or not harambees were necessary.
After several sittings and hearings from the public, the task force came up with wide ranging reforms to control rampant abuse of harambees.
This led to the Public Officer Ethics Act 2003, which banned MPs, including ministers, from officiating at harambees.
While accepting the committees' report, the then Justice minister Kiraitu Murungi announced that the Government had already abolished presidential harambees.
Earlier, in November 2003 for example, a harambee at which President Kibaki was to have been chief guest for Othaya Bursary Fund was cancelled after MPs complained it would be illegal. The harambee had aimed to raise Sh20 million.
Before the cancellation was announced, Mr Wamwere had urged the President to step down as the guest of honour so that people did not misread the Government's stand on graft.
The then Subukia MP said the law was clear that public officers should not organise or officiate at such functions.
However, barely a week later, then Vice-President Moody Awori presided over a fund-raiser for construction of a Catholic church at Ruiru Prison Training College where Sh885,102 was raised.
In November 2003, the then parliamentary Speaker, Mr Francis Kaparo, ruled that it was illegal for MPs to organise or preside over harambees. However, MPs could give personal donations at fund-raising functions, he said. The Speaker's ruling came after a heated debate on how new anti-corruption laws affected fund-raising.
According to a 2001 report by Transparency International titled: "Harambee: Pooling Together or Pulling Apart?" Sh3.8 billion - equivalent to more than Sh10 billion today - had been raised in harambees in the past 20 years.
Most of the functions, the group said, were conducted during election years.
The tally on major harambee contributors read like a Who is Who in Kenyan politics. In only nine years - between 1990 and 1999 - former President Moi contributed Sh130 million, making him the highest political philanthropist of the time. Prof George Saitoti, his then Vice-President, came second with Sh19 million, while former Kanu secretary-general Joseph Kamotho was only behind them with Sh17 million.
Between 1980 and 1999, Mr Moi contributed Sh155 million followed by Prof Saitoti (Sh22 million) and Mr Kamotho (Sh19 million).
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Mr Kibaki, who served as VP, Health minister and opposition leader was the 10th highest contributor, with Sh7 million.
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