RINGERA UPROAR OVER KIBAKI'S MOVE

By DAVE OPIYO
Tuesday, September 1 2009

"President is accused of flouting the law by reappointing anti-corruption boss
Lobby groups protest against decision by the President to reappoint commission boss, saying he had flouted the law.

"The Kenya Anti-Corruption Commission Advisory Board has challenged President Kibaki’s reappointment of Justice Aaron Ringera as the director of the anti-graft agency, and vowed to go ahead with its own meeting scheduled for Wednesday to discuss the position."

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 Ringera’s reappointment to a second five-year term without their approval.

One of the main partners in the governing coalition, Prime Minister Raila Odinga’s 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 Ringera’s reappointment and urged President Kibaki to reverse his decision.

They termed the Head of State’s 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.

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

Mr O’Mogeni said President Kibaki’s renewal of Justice Ringera’s 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 President’s 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.

COMMENTS:
Submitted by Pakamoyo
Posted September 02, 2009 08:06 AM

This is rediculous.Mr Kibaki's move was unconstitutional.He needs to seek for advice.How can he just reappoint the thieve back...Thats is a sign of impunity.

Submitted by sikujamu
Posted September 02, 2009 08:04 AM

"Meaning of insanity: Doing the same thing over and over again expecting a different outcome which doesn't seem to happen." This is the same case with the appointment of Ringera even during the Moi regime. He doesn't do his job to our satisfaction, but leaders seem to be reappointing him back to the seat. Btw the leaders and us citizens, one of us is insane and it ain't us the citizens.