End of the road for anti-graft boss

Aaron Ringera, under pressure from Parliament and civil society, resigned on Wednesday as director of Kenya Anti-Corruption Commission, handing MPs a major victory in a contest of wills with President Kibaki.

The Bible-quoting and poetry-loving Justice Ringera quit alongside Ms Fatuma Sichale, the equally embattled lawyer who until on Wednesday was Mr Ringera’s deputy.

Quoting Ecclesiastes Chapter 3, the former KACC boss said: “There’s a time for everything and a season for every activity under heaven. A time to be born and a time to die, a time to embrace and a time to refrain.” He went on: “And I would personally add there’s a time to be in office and a time to leave office.”

Highest paying job

While maintaining that his controversial reappointment by the President was lawful, a view not shared by many, he said he will not be reapplying for the job. “I will definitely not be amongst the applicants. I will not seek reapplication.”

The resignations, caused by a standoff between Parliament and President Kibaki over the manner in which he reappointed KACC bosses to serve a second term, opened the door for the hiring of a new director, the highest paying civil service job in the country. The anti graft commission’s top decision making organ — the advisory board — will meet on Thursday to approve advertisements for these jobs.

Explaining his resignation, Mr Ringera said he did so to safeguard the institution from being dissolved by MPs. Before leaving, Mr Justice Ringera appointed Dr John Mutonyi the commission’s deputy director. He will now head the commission in an acting capacity.

According to the law, if there is no director, then the deputy director exercises the powers and functions of the boss. At a packed news conference at Integrity Centre, the commission’s headquarters, Mr Justice Ringera said he had carefully searched his soul over the matter, taking into consideration the welfare of his staff and the institution, which he built from scratch over the last five years.

Cut off funds

But with threats by a section of MPs to disband the institution gaining momentum, following his earlier decision not to quit, the former KACC boss said he had no option but to leave. A section of MPs led by Kisumu Town West legislator Mr Olago Aluoch were preparing a law to dissolve the commission. They have been pressing for Parliament to be recalled so as to cut off funds to the commission.

“I have helped build this institution over the last five years and would not be happy to see it dissolved. I lured my staff from both the private and public sector and cannot contemplate seeing them without jobs,” Mr Justice Ringera said.

He had earlier on met members of his staff to whom he broke the news of his resignation. He also told them to rally behind Dr Mutonyi in the war on graft. “We have therefore come to the conclusion that it is in the best interest of the commission and the future of its staff as well as our own interests that we exit from the leadership of the commission... no individual is bigger than this institution,” he declared.

He will now take a two month break from work before deciding what to do next. But he said if appointed to another post, he would not turn it down. There was speculation that he was headed back to the Court of Appeal.

Justice Ringera maintained that his reappointment by President Kibaki was legal and had he thought otherwise, he would not have taken up the job. In his 11-page statement, Justice Ringera said the commission had played its role in the fight against corruption effectively, saying he had no regrets over the way he carried out his duties.

He said the commission had to-date investigated and recommended for prosecution eight Cabinet ministers, four MPs, 11 PSs, 65 directors and chief executive officers of public institutions. Also in this list are seven chairmen of boards of public institutions and 96 other senior level management officers of public bodies.

As of Wednesday, he added, the commission had forwarded 506 files, with recommendations to prosecute in 389 cases. The commissions record on asset recovery was “splendid”, he said, adding that assets of an estimated value of Sh4.5 billion had been recovered.

“Further, we have filed 398 recovery suits with an estimated value of more than Sh5 billion. In these assets recovery cases, 16 of the defendants are MPs,” he added. “In all we have done, we have discharged our mandate with integrity, courage, complete independence and utmost professionalism,” he said.

“We have given the fight against corruption our all. As we bow out, we do so with our heads high.” There has been speculation about Mr Ringera’s return to the Court of Appeal, after he went to see Chief Justice Evan Gicheru last Friday.

Mr Ringera’s decision to quit from KACC must have come after he reportedly lost the support of Mr Kibaki. On Saturday, both the former director and Ms Sichale were reported to have packed their personal belongings in their offices. The KACC board strongly opposed Justice Ringera’s reappointment, insisting that the law had to be followed in filling his post.