The Nation (Nairobi)

Kenya: President Kibaki and Prime Minister Odinga Should Not Overlook the Law

editorial

The President and the Prime Minister had all the time they needed to nominate three commissioners to lead the war against one of the biggest threats to the prosperity of this nation -- corruption.

And, in as much as we are alive to the reality that certain plum and strategic positions in Kenya are essentially political appointments, the two need not have overlooked the law in their horse-trading.

Consequently, the nomination of Mr Mumo Matemu (chairman), Ms Irene Keino and Prof Jane Onsongo as commissioners on the Ethics and Anti-Corruption Commission is likely to run into political and legal headwinds.

Horse-trading is to be expected in public appointments, especially in our unique context of constitutionally mandated power-sharing, but it shouldn't be protracted at the expense of our national interests.

And we may never establish who was the stumbling block in this case, but that is no excuse for inertia.

We fail to understand why the two principals could not avail themselves of the provisions of the Anti-Corruption Act (2011) to seek a legal extension after the expiry of the 14-day window within which the appointments should have been made and submitted to the Parliamentary Legal Affairs Committee.

This Executive foot-dragging can only benefit those who thrive on grand corruption-the clique that would cherish a permanent state of confusion at the anti-graft agency.

Public-spirited Kenyans will justifiably challenge the legality of these appointments in a court of law.

The evidence gathered by the commission's predecessor, the Patrick Lumumba-led Kenya Anti Corruption Commission, will mostly be distorted.

Some of it will, most likely, be interfered with or bizarrely disappear now that the Advisory Board led by lawyer Okong'o O'Mogeni is no longer at Integrity Centre after the expiry of its 90-day mandate.

Again the beneficiaries of this Executive laziness will be those in the big-eating league for whom the misuse of public resources for private gain is business as usual.

Which is why it makes sense to ask the question whether the President and the PM are serious about the war on corruption.


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