MPs' vote on Ringera meaningless, AG says

Attorney-General Amos Wako has introduced a new twist to the Justice Aaron Ringera saga, saying Parliament’s position on the controversy was only an opinion.

The AG termed Parliament’s recent move to declare the re-appointment of the anti-corruption czar illegal as “just an opinion,” which was not legally binding. “As far as I’m concerned, the court’s interpretation of the matter is what is legally binding, not what Parliament decides,” said Mr Wako at Alliance High School in Kikuyu on Saturday.

“What Parliament did (to declare Mr Ringera’s re-appointment illegal) is just an opinion ... let us wait for the court’s decision,” he said. The AG’s comments come only a few days after the besieged Kenya Anti-Corruption Commission’s boss met Chief Justice Evan Gicheru.

Although details of their meeting still remain scanty, Mr Ringera said his visit was just a courtesy call. When asked what was discussed, the CJ answered: “He is not a member of the Judiciary as of now. I cannot speak on his behalf.”

Mr Ringera is facing fierce criticism since his re-appointment by President Kibaki three weeks ago. Lobby groups and MPs say the appointment of the KACC director and his assistants lay with the advisory board, after which the names are forwarded to Parliament for vetting. The President’s work, they say, should only be to gazette the new appointees.

Those who support Mr Ringera’s re-appointment argue that since the law was silent on who should re-appoint the directors, it was the prerogative of the President to do so. A group of lawyers, NGO officials and Ikolomani MP Boni Khalwale went to court to challenge the re-appointment. Dr Khalwale has since withdrawn his case.

Mr Ringera has summoned his staff to a meeting on Wednesday to “make a major announcement”. Meanwhile, President Kibaki has been urged to listen to the voice of Kenyans and nullify Mr Ringera’s re-appointment. Making the call in Malindi on Saturday, area MP Gideon Mung’aro warned that the President was set for embarrassment by Parliament when it reconvenes.

“When we reassemble, the first agenda will be on Justice Ringera if he will not have been relieved of his duties. MPs are preparing to embarrass the President on this matter,” he said. Parliament, he said, will also not pass the Appropriation Bill that enables KACC to get money for its operations.

Read signs

Mr Mung’aro urged President Kibaki to “read the signs of the time” and heed the voice of the majority. “The President should be the first law abiding citizen but he did not follow the law in re-appointing Justice Ringera,” he said. He said Parliament was not against Mr Ringera as a person but was opposed to the manner in which he was re-appointed without following the laid-down procedure.

“First the KACC board had to bring names to be ratified by Parliament and taken before the President to appoint one of them to the position,” said Mr Mung’aro. He said the current Parliament was determined to block Ringera’s re-appointment and “go to any length to end impunity,” adding that it will not let go on the Ringera issue.