RAILA ODINGA OPPOSES PUBLIC SERVANTS' INTERFERENCE IN THE CONSTITUTION DEBATE

THE STANDARD
By Willis Oketch and Patrick Beja

Prime Minister Raila Odinga has protested a move by the Head of Civil Service Francis Muthaura to directly involve senior civil servants in the debate on constitution review.

In a letter to the Grand Coalition Management Committee, Raila says civil servants should not be compelled to present their views on the Harmonised Draft Constitution.

"I advise you take immediate action to prevent public servants from being compelled to present their views on the Harmonised Draft Constitution," Raila’s letter says in part.

The offices of the Prime Minister and that of the President are also at variance over a meeting of the committee tasked to manage the affairs of the Grand Coalition called by Mr Muthaura today to reportedly get its approval on a bid to amend the Act to extend the public debate period.

In the letter seen by The Standard on Saturday, Raila emphasised the committee should particularly direct Muthaura not to force civil servants to present views.

"In my view, Mr Muthaura’s letter amounts to invitation to those senior public servants to participate in divisive political engagement," Raila warned.

The PM was referring to Muthaura’s letter on December 2 to all permanent secretaries directing them to give views on the draft constitution.

According to the letter, Muthaura met the PSs on December 1 at his Harambee House office where it was resolved they examine the draft constitution and give proposals in line with Vision 2030.

It was resolved the PSs, who are also accounting officers, would submit their recommendations to a committee comprising 12 State organs.

These include Ministry of State for Provincial Administration and Internal Security, Ministry of Planning, National Development and Vision 2030, Auditor General and Cabinet Office.

Other agencies are Ministry of Local Government, Vision 2030 Secretariat, National Security Intelligence Service, Ministry of State for Public Service, Ministry of Justice, National Cohesion and Constitutional Affairs, Registrar of High Court and State Law Office.

Politics and civil servants

The committee would then hand over the recommendations to the Ministry of Justice, which would forward them to the Committee of Experts on Constitutional Review.

But Raila said the Constitution of Kenya Review Act 2008 does not permit direct involvement of public servants in this manner.

He also complained since the composition of PSs and other Government officials is skewed in favour of PNU, there is suspicion the intended views would lean towards the President’s party.

"This would lead to unfair advantage being given to PNU on matters of operations," he noted.

He said civil servants should be neutral and not participate in partisan politics as they are the implementers of Government policies.

"The conception and formulation of public policy ought to be reserved to elected representatives," he noted.

He said there was no guarantee the civil servants’ views would be taken to the CoE in the same manner they have been expressed.

"The views of senior public servants may intimidate the CoE as there is no mechanism to prevent manipulation," Raila cautioned.

He said there was a Grand Coalition consensus team working on a united Government position on the harmonised draft.

"Directing senior Government officers to present their position papers over the same matters is tantamount to duplicity and the creation of a parallel process," he said.

Sharp differences have also emerged on the meeting slated for 4pm today called to "seek ways of guiding the public debate on the draft constitution."

The meeting will bring together the members of the permanent management committee of the Grand Coalition Government.

The committee includes the President, Prime Minister, Vice-President Kalonzo Musyoka, Deputy Prime Ministers Musalia Mudavadi and Uhuru Kenyatta.

Others are ministers Charity Ngilu, Beth Mugo, George Saitoti, William Ruto, Moses Wetang’ula, Amason Kingi, Ibrahim Elmi, Chirau Ali Mwakwere and James Orengo.

— Additional reporting by Maseme Machuka