Stage set for battle over Muthaura

The battle to control policy implementation in the civil service between coalition partners ODM and PNU could spill over into the Cabinet when it meets on Thursday.

While Prime Minister Raila Odinga and his Orange Democratic Movement (ODM) party have vowed to censure civil service head Francis Muthaura or have him work under the PM, the Party of National Unity (PNU) and Vice-President Kalonzo Musyoka’s ODM-K wing said this was “impossible”.

The parties in President Kibaki’s PNU coalition said Mr Muthaura was not to blame for the fiasco over the transition team at the Electoral Commission of Kenya.

ECK closure

Led by Mr Musyoka and Internal Security minister George Saitoti, the MPs said Mr Muthaura was being “vilified for mistakes he did not make”.

Prof Saitoti said: “Let’s not politicise the Civil Service, we need it to remain stable.”

Mr Odinga has ordered the closure of all ECK offices saying the transition team announced by Mr Muthaua was not agreed upon by the coalition partners.

“We’ll be the last to throw a stone to condemn the coalition Government,” Prof Saitoti said.

Speaking at a PNU parliamentary group meeting on Wednesday, Mr Musyoka said the different voices in the coalition were simple problems that could be all viated if President Kibaki and Mr Odinga agreed to sign a memorandum to establish a committee to iron out the differences.

The VP said: “The MoU would guide conduct within the coalition and handle complaints from the partners.”

But it seems, until then, the coalition will continue squabbling over housekeeping issues that could have been avoided. Nairobi Metropolitan Minister Mutula Kilonzo accused ODM of hypocrisy over the ECK memo sent by Mr Muthaura.

“The team was appointed by Minister of Public Service Dalmas Otieno,” said Mr Kilonzo.

Constitution

He discounted a statement by Lands minister James Orengo, that Mr Muthaura’s office was not anchored in the Constitution, but was just a relic of the one-party state.

He read a clause from the Constitution which gives the President powers to appoint a permanent secretary to oversee government functions.

“It is the President’s domain and it would be impossible for this docket to be placed under the Prime Minister,” Mr Kilonzo said.
He said the constitutional amendment brought about by the National Accord did not abolish the position.

“If ODM wants to have the post under the PM’s docket, let them look for numbers and amend the appropriate sections of the Constitution,” said Mr Kilonzo.

However, although Chapter 2, part II of the Constitution says there shall be a PS in the Office of the President, it does not say the person should be the head of the Public Service.

ODM has said that Mr Muthaura is undermining the PM’s mandate and as a result, his office should to be put under that of the Prime Minister to achieve smoother operations in the Government.

At their parliamentary group meeting yesterday, ODM MPs resolved to remain in the Grand Coalition but gave a list of radical demands which bordered on restructuring the Government.

The party demanded four senior offices in Government be ceded to the Prime Minister’s office, and the abolition of the office of the head of the Public Service and Secretary to the Cabinet.

The party also wants the coalition to appoint a joint commission to evaluate and audit the performance of the Government and draw a management agreement within two weeks. The party’s Parliamentary Group-cum-National Executive Committee meeting resolved that Mr Muthaura’s duties be transferred to the permanent secretary in the PM’s office.

ODM also wants the duties of the Leader of Government Business in Parliament, now under VP Musyoka, be performed by the Prime Minister in line with his duties as coordinator and supervisor of Government policies.

The office of the Government Spokesman should also be transferred to the PM’s docket, they said. ODM Secretary General Anyang’ Nyong’o who read the resolutions after a four-hour meeting at Orange House said the President and PM were equal partners in the coalition and their powers were clearly defined for the purposes of governing the country peacefully.

Usurped duties

ODM argued that the Head of the Public Service had usurped Mr Odinga’s duties as coordinator and supervisor of government functions and this was undermining the coalition and was unconstitutional.

As the row raged, an inter-ministerial task force on the dissolution of the ECK on Wednesday indicated that the Office of the President erred in installing a transition team at the defunct electoral agency.

A document indicating the “facts” on the dissolution of ECK implies that the transition team is yet to be constituted. The unsigned document notes that following the enforcement of the Constitution of Kenya (Amendment) Bill 2008 on December 29 last year, “a transitional team is to be established after consultations”.

The document adds that the transition team will take charge of operations of the defunct ECK until the Interim Independent Electoral Commission is put in place.

The task force notes that it has made recommendations to the Government on the transitional arrangements pertaining to the exit package of the former ECK commissioners. It has also made recommendations on the redeployment of other ECK staff in the Public Service as well as the retirement of those who are not eligible for absorption.

The team is made up of representatives from the office of the President, that of the Prime Minister, the ministries of Justice, Public Service and Finance, Inspectorate of State Corporations and the State Law Office. It is co-chaired by the permanent secretaries in the Justice ministry and Prime Minister’s office.

The document dated January 5, 2009 shows that as other former ECK staff were sent on compulsory leave on December 24, 2008, 31 of them were asked to remain in office.

It, however, notes that all the staff ceased to hold office on December 29 when the law came into force.

The transition team is to oversee the preservation of ECK assets as well as address all human resources-related issues affecting the former commissioners and staff of the electoral body.

ECK records

The team will also control access to ECK records and offices. The team is expected to receive handover reports from former ECK personnel and oversee the transfer of assets, liabilities and obligations of the disbanded agency to the Interim Independent Electoral Commission.