Kenya: Ringera: Uproar over Kibakis illegal move

The board accused the President of making an illegal appointment, as outrage spread over the manner in which the Head of State had ignored the laws and public opinion to renew the term of an anti-graft chief widely seen to have failed in his duties.

Without approval

In Parliament, angry MPs threatened to paralyse house business in protest against Mr Justice Ringeras reappointment to a second five-year term without their approval.

One of the main partners in the governing coalition, Prime Minister Raila Odingas ODM also waded into the controversy, rejecting the reappointments of Mr Justice Ringera and his two assistants, Ms Fatuma Sichale and Dr Smokin Wanjala.

However, the KACC came to the defence of their embattled boss, insisting his re-appointment was within the law.

The commission also defended its performance, saying it was impressive.

Spokesman Nicholas Simani said in a statement that the process of appointing the director and his assistants was different from that of re-appointing the officers, adding more confusion to the saga.

In the House, MPs rejected all government business, including a Motion of Adjournment to grant them a two-month break. They also rejected a motion to reduce the period to debate a Bill that gives the government the authority to spend money allocated in the Budget, and refused to extend the sitting from the normal 6.30pm to complete business on the Order Paper ahead of the adjournment.

Outside the House, groups such as the Law Society of Kenya, Transparency International, Council of Imams and Preachers, the African Centre for Open Governance and the Federation of Women Lawyers (Fida) expressed displeasure with Mr Justice Ringeras reappointment and urged President Kibaki to reverse his decision.

They termed the Head of States move illegal, contemptuous and a sign of impunity.

The KACC Advisory Board complained that it had not been consulted by the President before he made the announcement.

They cited the law showing that the nominations for appointment must come from the board and be forwarded to Parliament for approval before being passed on to the President for formal appointment.

Addressing the media after a hurriedly-convened meeting, board members led by chairman Okongo OMogeni said the Presidents move caught them by surprise as they had scheduled a meeting to discuss the appointments of a new director and assistants as Mr Justice Ringeras five-year term came to a close.

We are actually shocked and dismayed by the move, said Mr OMogeni. The board resolved to ignore the presidential appointment and continue with its own search for a chief executive.

Mr OMogeni said President Kibakis renewal of Justice Ringeras term and that of the two assistants was illegal because it contravened Section (8) 3 of the Anti-Corruption and Economic Crimes Act.

This section states thus: The director and the assistant directors shall be persons recommended by the Advisory Board and approved by the National Assembly for appointments to their respective positions.

Sub-section four states: On approval of a person by the National Assembly, under sub-section (3), the President shall appoint the person concerned to the office in respect of which the approval was given. The action by the Executive is not only contrary to the law but is also un-procedural and a clear contempt of our institutions. This amounts to impunity.

The LSK threatened to take legal action if President Kibaki failed to rescind the appointments. Vice-chairman James Mwamu said lawyers would seek legal interpretation of the Presidents powers under the Anti Corruption and Economic Crimes Act.

We shall also be seeking to quash not just the decision, but the acts of reappointment of the director and deputy directors, said Mr Mwamu.

Fida chairperson Naomi Wagereka called on Mr Justice Ringera to resign to allow a transparent appointment.

Daily Nation