Close allies of Deputy President William Ruto have threatened legal action to force the removal from office of ministers who support Orange Democratic Movement (ODM) leader Raila Odinga’s 2022 presidential bid.
United Democratic Alliance (UDA) party leaders have vowed to file a lawsuit against Cabinet Secretaries Fred Matiang’i and Joe Mucheru for allegedly violating the leadership and integrity Act by taking sides in political campaigns.
The party has accused the two highly influential ministers of biased views despite calls for political neutrality of State officers and public officials.
UDA argues that the duo cannot be trusted to discharge their duties impartially as they have already endorsed the ODM leader’s campaigns and have been attacking Dr Ruto.
In a letter to the Independent Electoral and Boundaries Commission, the party claimed the ministers would be central to preparations for the polls due to their roles as heads of security and Information Technology.
“We’ll have to pursue this matter through other legal means. IEBC will be held responsible for any bungled electoral process,” said UDA chairperson Johnson Muthama.
Murang’a Senator Irungu Kang’ata added: “UDA might be compelled to file a lawsuit against state servants violating the Leadership and Integrity Act. The law compels state servants to act in a neutral manner.”
Speaking in Nyamira a fortnight ago, Dr Matiang’i declared support for the ‘handshake’ between President Kenyatta and Mr Odinga.
“I have now told you where I am. I cannot be where Mr Odinga and President Kenyatta are not,” he said.
ODM leader Raila Odinga (right) and Interior Cabinet Secretary Fred Matiang’i at Mwongori Secondary School in Nyamira County on October 22, 2021.
Photo credit: Ondari Ogega | Nation Media Group
Dismissed bottom-up model
Mr Mucheru has in the past dismissed Dr Ruto’s bottom-up economic approach and accused “Bible-waving politicians of misleading the youth”.
IEBC chairman Wafula Chebukati acknowledged UDA’s concerns in a November 5 letter to its secretary-general, Ms Veronica Maina, saying all State officers and public officials should uphold political neutrality.
“The provisions of the constitution, the Public Officers Ethics Act, 2003 and the Leadership and Integrity Act, 2012 prohibit State officers and Public officers from engaging in any political activity that may compromise the neutrality of the office they hold,” he stated.
“We wish to observe that whereas Section 23 of the Leadership and Integrity Act, 2012 seems to give Cabinet Secretaries and County Executive Committee Members a lifeline to engage in political activity, that statutory provision no doubt falls foul of the Constitutional underpins under Chapter Six of the Constitution. There is need for all State officers and Public Officers to uphold political neutrality.”
Besides the courts, UDA could take the parliamentary route, which provides for the removal of a CS.
MPs at a past House session in Parliament.
Photo credit: File | Nation Media Group
It requires that a motion compelling the President to dismiss a CS on grounds of gross violation of the constitution, gross misconduct and suspicions of a serious offence be supported by at least a quarter of all the members of the National Assembly (87).
It must be supported by at least one-third of members (116) for the House to appoint a select committee to investigate the claims against the CS.
If the select committee upholds the charges, a resolution requiring the President to dismiss the CS must be supported by a majority of members.
The DP’s camp has previously threatened to have Dr Matiang’i censured, but no motion has ever been tabled in the House. The Speaker must approve such a motion to ensure grounds for removal are clearly spelt out.
Planning the elections
Dr Matiang’i’s security docket is vital in the management of elections, while Mr Mucheru’s ICT ministry controls telecommunication organisations that are crucial in electronic transmission of votes.
The duo are also part of a multi-agency team set up last week to oversee preparations for the elections.
In her October 29 letter to Mr Chebukati, Ms Maina said the IEBC is an independent commission which, pursuant to Article 249 of the constitution, should not be subject to direction or control by any person.
“In this regard, is it the Interior CS who should tell the IEBC what it needs as security support for the electoral process or it is IEBC which should define the level of support it requires to conduct the elections?
“How are the other candidates and Kenyans supposed to have faith in a constitutional commission that is being run by the two partisan CSs? On this one, IEBC is playing on dangerous grounds and it must stop forthwith!” stated Ms Maina.
She said the multi-agency team planning the elections is “unknown in law”. “One wonders how the decisions of this illegal entity will be implemented. Can this unknown outfit sue? Can it be sued? Where can the public engage with it? Are its meetings open to the public? Are its deliberations in writing and are they available to the public?” she posed.
The letter was copied to the African Union Commission, the Delegation of the European Union and the US and UK embassies.
Dr Matiang’i last week scoffed at UDA’s claims, saying he has no role in the management of elections.
“Our job is to work for all Kenyans and we have no role in the decision-making of the IEBC. IEBC has its chairman and as a security organ, we can only supplement what they ask for. Ignore some of these things being peddled around,” the CS said in Limuru.
Removal of Cabinet Secretaries
“I am here to work for Kenyans so that we can bring government services closer to the people and I will not be distracted by people who do not know the agenda we have for this country,” he added.
Garissa Township MP Aden Duale said they would continue to demand a “free, fair, credible and transparent election in 2022”.
Mathira MP Rigathi Gachagua demanded the resignation or removal of the two CSs from their dockets.
UDA said the election team put together a fortnight ago and attended by Dr Matiang’i, Mr Mucheru and Chief Justice Martha Koome would stifle democracy and deny Kenyans an opportunity to freely elect their leaders.
Defence Cabinet Secretary Eugene Wamalwa defended the two CSs’ decision to back Mr Odinga, saying they have to support the President.
“As CSs, we are the President’s workers. We are appointed to assist the President. If you have been appointed to assist the President, can you resist the President? If he says the ‘handshake’ between him and Raila will bring peace, then CSs have to join him,” he said.
His Public Service counterpart Margaret Kobia said: “CSs are political appointees and may participate in political rallies and meetings. However, it is with a word of caution and personal responsibility not playing party politics that may affect fair public service delivery.”
On Saturday, Water CS Cecily Kariuki was among Mt Kenya leaders who accompanied Mr Odinga to his rallies in Nyandarua County.
