KIBAKI REAPPOINTS RINGERA TO HEAD KENYA ANTICORRUPTION AGENCY DESPITE PROTESTS

By DAVE OPIYO
Monday, August 31 2009

Outrage greeted the re-appointment of Mr Justice Aaron Ringera as the chief executive of the top anti-corruption agency.

Lawyers argued that President Kibaki had erred in re-appointing Mr Justice Ringera, at a time when his public ratings had gone down for unsatisfactory performance.

Lawyer Paul Muite termed the appointment illegal, saying the President “had no powers” to carry out this mandate.

“The names of those to be appointed to this position must come from the anti-graft top organ, its advisory board. They must then be taken to Parliament for approval before being forwarded to the President only for gazettement,” said Mr Muite.

Law Society of Kenya chairman Okong’o Omogeni, who is also a member of the Kenya Anti-Corruption Commission (KACC) advisory board, said the board was never consulted on the reappointment and would meet on Tuesday to discuss the matter.

According to a Presidential Press dispatch sent to newsrooms on Monday evening, President Kibaki also renewed the contracts of Ms Fatuma Sichale and Mr Smokin Wanjala.

Ms Sichale will continue serving as the assistant director, legal service, while Mr Wanjala remains the assistant director, preventive services.

The re-appointments take effect from September 8.

Imenti Central MP Gitobu Imanyara said he would rally his fellow MPs to refuse to go on recess until the matter was sorted out.

Rule of law

Parliament is on Tuesday expected to go on a two-month break.

On Monday, Mr Imanyara urged Mr Justice Ringera to turn down the appointment if he really believed in the rule of law.
“This is a clear breach of the law, which in other countries can lead to the impeachment of the President,” he said.

LSK vice-chairman James Mwamu urged Parliament to reassert its authority and deal with the matter “as appropriate”.

“Parliament should not accept this. The President has totally misinterpreted the law,” he said.

A local lobby, the Mars Group, questioned why the President bypassed Parliament in Mr Justice Ringera’s reappointment.

Public Investments Committee (PIC) chairman Mithika Linturi welcomed the reappointment, but emphasised the need to give the KACC powers to prosecute corruption suspects.

The KACC bosses will have their salaries cut by 35 per cent, a decision taken by the KACC advisory board.