President Kibaki (pictured) has 60 days to revoke the reappointment of Kenya Anti-Corruption Commission director Aaron Ringera and his two deputies.If he does not, MPs will punish Justice minister Mutula Kilonzo or cut funding for KACC. The House Committee on Implementation on Sunday said the President has 60 days to act on MPs decision that his KACC appointments are against the law.
It is the House that will make a decision to ensure the rule of law is followed without victimising any side, committee chairman Jamleck Kamau said by phone.
Block funding
He said the committee will take a decision whether to name the minister under whose docket the anti-corruption agency falls, bar him from debate or block funding for the commission.
KACC is in the Ministry of Justice, National Cohesion and Constitutional Affairs and Mr Kilonzo has said Mr Ringera will not be removed from his position. The job of the implementation committee is to look at resolutions of Parliament, including the reports adopted, petitions and promises made by the government on the floor, to ensure that they are carried out.
On Sunday, Mr Kamau said the wishes of Parliament must be respected, adding that the Standing Orders require his committee to act on resolutions within 60 days.
Committees
Other members of Mr Kamaus committee are MPs John Olago Aluoch, Gitobu Imanyara, Ababu Namwamba, Julius Kones, Amina Abdalla, Barnabas Muturi Mwangi, Kiema Kilonzo, Njoroge Baiya and Fahim Twaha.
Two parliamentary committees that on Delegated Legislation and on Administration of Justice and Legal Affairs said the President did not follow the law.
The law stipulates that KACCs advisory board come up with names of people to be appointed for approval by Parliament before the President names them.
Nominated MP Sam Nyamweya, who is also PNUs vice-chairman, said the Judiciary should now determine whether the President was right in making the appointments.
Mr Nyamweya said some people who were now saying Mr Justice Ringera did not prosecute anybody were the same ones who helped defeat amendments in Parliament to give KACC powers to prosecute. They keep changing positions every second depending on whom they want to please, he said.
Meanwhile, pressure continued for Justice Ringera and his deputy Fatuma Sichale to follow the example of Dr Smokin Wanjala and quit. An advisory board member of the commission said they expect to meet with Mr Ringera and Ms Sichale on Tuesday to urge them to resign.
As an advisory body we want to let them know that KACC is bigger than an individual. They should respect Parliament and avoid putting KACC into a crisis, the official, who asked not to be named because he is not authorised to speak for the board, said.
Mr Ringera was expected to return from an overseas trip either on Sunday or Monday. The Supreme Council of Kenya Muslims secretary-general Adan Wachu said: In Islam, one thing is very clear. If the masses are against you and you are a leader, then you have no choice but to quit.
Separately, three human rights campaigners welcomed Dr Wanjalas resignation on Friday and urged Mr Ringera and Ms Sichale to follow suit.
Right decision
Kenya National Commission on Human Rights vice-chairman Hassan Omar, International Centre for Policy and Conflict director Wainaina Ndungu and Kenya Human Rights Commission programme officer Davis Malombe said Dr Wanjala took the right decision.
Former Justice minister Martha Karua also called on judge Ringera and Ms Sichale to resign and said President Kibaki should listen to Kenyans in future before making public appointments to avoid humiliation.
In Mombasa, Information assistant minister Dhado Godana said Mr Kilonzo and AG Amos Wako were to blame for the controversy over Mr Ringeras reappointment.
Additional reporting by Simon Siele and Mazera Ndurya
Daily Nation
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