Ministers who are facing charges

• Charges against them include corruption, theft, irregular acquisition of public land, and incitement.
• LSK chairman: MPs facing charges ought to step aside and the cases be concluded speedily
• Most of the MPs contacted by the Nation on refused to comment, saying to do so might be contempt of court.

Three Cabinet ministers are among nine MPs from across the political divide who are facing court charges.

Charges against the nine include corruption, theft, irregular acquisition of public land, and incitement.

The three ministers are deputy Prime Minister and Local Government minister Musalia Mudavadi, Agriculture minister William Ruto and Education minister Samson Ongeri.

Others MPs facing charges are Ferdinand Waititu (Embakasi), Simon Ng’ang’a Mbugua (Kamukunji), Sammy Mwaita (Baringo Central), Zakayo Cheruiyot (Kuresoi), John Mututho (Naivasha) and Shakila Abdallah (Nominated).

MPs facing charges ought to step aside and the cases be concluded speedily — although all should be treated as innocent until proved otherwise, the Law Society of Kenya chairman Okongo Omogeni said last night.

He added there was a need for a Code of Conduct for ministers and MPs, which should be enforced with guidelines on what should be expected of one facing court.

While there was a clear Code of Conduct and Ethics for public servants, the situation was much more lenient for MPs, Mr O’Mogeni said.

The ministerial Code of Conduct was silent on how to deal with a minister involved in a criminal case, but it specified that all ministers are also bound by the Public Officer Ethics Act.

The section cited bars public officers from using their office to improperly enrich themselves and also prohibits improper use of office to acquire land or other properties.

It is silent on ministers facing charges for offences that might have been committed outside the office, however.

Most of the MPs contacted by the Nation on Monday refused to comment, saying to do so might be contempt of court.

Mr Mudavadi is facing a suit over illegal land allocation. He was taken to court by Kenya Anti-Corruption Commission seeking to recover a house in Nairobi’s Woodley estate, which was acquired from the City Council.

Hearing

The anti-corruption agency says the house was corruptly acquired. The case, number HCC. NO 280/07, is scheduled for hearing on September 25 according to the commission.

Prof Ongeri was also sued by the commission over a piece of land in Kisii, which was reserved for a town market, but was later allocated to the minister, says KACC. An order preserving the land pending the determination of the case was granted by Kisii High Court.