House okays PLO Lumumba for anti-graft job

Renowned lawyer PLO Lumumba moved a step closer to being the next Kenya anti-corruption head after Parliament approved his nomination to the position.

Dr Lumumba's fate now lies with President Kibaki, who is expected to formally appoint him as the Kenya Anti-Corruption Commission director.

Parliament on Thursday unanimously approved his nomination alongside those of lawyer Pravin Bowry and university lecturer Jane Kerubo Onsongo as deputy directors of Kacc.

Wednesday’s attempt by nominated MP George Nyamweya to block Dr Lumumba from getting the job was dismissed as “flimsy” and “lacking evidence”.

Dr Boni Khalwale (Ikolomani, New Ford Kenya) said the advisory board was “competent” and Parliament could not just throw the nominees out without proof.

Mr Nyamweya had accused Dr Lumumba of scuttling the Bomas constitutional conference, but Dr Khalwale told him: “Inside a bus, you’ll always have a very faithful turnboy and a very competent driver…Dr Lumumba was merely a turnboy, don’t blame the failings of Prof (Yash Pal) Ghai on him.”

Baseless

He said that just because Dr Lumumba had contested in the last elections did not make him political. And if he was to be disqualified over that, then politicians like Mr Andrew Ligale, the chair of the boundaries review commission ought not to have gotten the job.

Cabinet minister James Orengo and Gichugu MP Martha Karua said that the accusation that Dr Lumumba and Mr Bowry had represented corruption clients in court and therefore their impartiality was not guaranteed, was baseless.

They said he was acting in his professional capacity.

Ms Karua said that Parliament ought to be factual for if they do otherwise “the House will be taken as a lynch mob out to destroy the careers of professionals".

“He bribed no one during the campaigns. He has very little tribal affiliation, and I don’t think he’s interested in any having been brought up in Nairobi,” said Cabinet minister Fred Gumo.

However, it was not all smooth-sailing for Dr Lumumba as assistant minister Aden Duale said that the “job of Kacc director general was not all about eloquence or public speaking".

“It is about integrity and that depends on the history of a person. Nairobi (Kamukunji) people had no confidence in him,” said Mr Duale.

“Let’s not be carried away by friendship in the legal profession.”

Supporting, Kangundo MP Johnstone Muthama urged the House to give Dr Lumumba a chance.

“Don’t block him, he is a man of integrity as the committee found out,” he said.

Fight corruption

Nominated MP Musikari Kombo ,in support, described him as a brave man, who cannot be compromised by the government.

“He participated in the second liberation and Agenda 4 reforms and is best placed to head the commission,” the member said.

Kitutu Masaba MP Walter Nyambati, supporting, said vetting by the nominating authority and the parliamentary committee had been thorough.

“If there is one person who can fight corruption it is PLO Lumumba,” he said.

Youth Affairs and Sports assistant minister Wavinya Ndeti lashed at MPs warning them that their opposition to Dr Lumumba on the basis of his political background amounted to "digging their own graves".

“The day you retire, are you saying you should not apply for some jobs because you have been a politician? We should be fair in the decisions we are making and stop spoiling Dr Lumumba’s name,” she said.

Government chief whip Jakoyo Midiwo, supporting, said that Dr Lumumba and Mr Bowry being good lawyers should be reason enough to have confidence in them.

“PLO may have been a lawyer to many criminals and if I was in danger I would go to the best lawyer, so you cannot criminalise one for representing people in a job he went to school to learn,” he said.

“Lawyers go to school to be just that,” the member added.

Rising on a point of order, Lands Minister James Orengo said good criminal lawyers had got so many people out of jail. He cited Kenya’s founding President Jomo Kenyatta, South Africa’s former President Nelson Mandela as some leading lights that had been represented by good lawyers, adding that even some sitting MPs have been represented by good lawyers.

Malign Kenyans

Mr Midiwo said the floor of Parliament should not be used to malign Kenyans who have no chance to defend themselves of the accusations.

“We should use the floor well, it is not  crime to be interested in politics because if that is so then  it would mean so many of us have no integrity by virtue of being MPs,” he said.

Yatta MP Charles Kilonzo, supporting, said professionals are expected to give their best in their line of duty and should not be criminalised later on for doing that.

“One should not be criminalised or undermined because of giving their best,” he said.

Internal Security and Provincial Administration assistant minister Orwa Ojode lauded the team as the best that Kenya can have.

“I have no words to describe Dr Lumumba because Martha Karua, Bonny Khalwale, James Orengo and others have said it all,” he said.

“This is the team if Kenya is to fight corruption, forget about their tribes,” he said.

Responding to the members’ contributions, the mover of the motion Ms Millie Odhiambo, who is the vice chairman of the Legal Affairs committee, said the team went through a thorough vetting process.

“We looked at the professional reports of the Law Society of Kenya, National Security Intelligence Service and Advocates Complaints Commission and they all gave good reports and we were satisfied,” she said.

She said the LSK described Dr Lumumba as candid and frank and having strict adherence to high integrity among other attributes while Mr Bowry was described as adhering to highest ethical standards among others.

If appointed, Dr Lumumba will replace Dr Aaron Ringera on the Kacc hot seat, who resigned after Parliament declared illegal his reappointment for a further five-year term by President Kibaki.

Mr Bowry has been proposed for assistant director in charge of legal services, while Prof Onsongo was considered for the post of assistant director in charge of education, research, policy and preventive services.