Why Big Two can’t sack ministers

• Coalition deal and 2012 seen as making it hard for principals to discipline ministers
• Protective clause in Peace Accord and 2012 politics make Kibaki and Raila reluctant to get rid of errant and wayward members of their Cabinet

The controversy raised by calls for the sacking of Education minister Prof Sam Ongeri has brought into sharp focus the failure of President Kibaki and Prime Minister Raila Odinga to enforce discipline in Cabinet.

The seeming reluctance by the two principals to sack wayward ministers has been blamed on the ambiguous framing of the National Accord, political calculations ahead of the 2012 elections and the delicate ethnic balance in the coalition Cabinet which was formed following the divisive 2007 presidential election.

President Kibaki’s laid-back leadership style has also been put into question because he has not publicly shown concern about the performance of any of his ministers since he was elected in 2002.

Apart from Prof Ongeri who is being taken to task over the disappearance of millions of shillings meant for the free primary education programme, at least 14 other ministers have come under pressure to step down for a range of reasons including suspicion of involvement in corruption, management failures in their ministries or actions of junior officials in departments in which they bear ultimate responsibility.

Only Trade minister Amos Kimunya briefly left his Finance post under public pressure during the life of the grand coalition but he returned to Cabinet a few months later.  

Much of the blame for the principals’ inability to sack ministers has been blamed on Clause 5 of the National Accord which sets strict conditions for the sacking of a minister.

It states: “The removal of any minister nominated by a Parliamentary party of the Coalition shall be made only after prior consultation and concurrence in writing of the leader of that party.”

Political analyst Prof Macharia Munene says the provision makes it difficult to sack a member of the Cabinet, because of the complex political calculations at play.

“It was designed to ensure stability and make sure people on either side don’t cause trouble (by sacking rivals),” he said.

Prof Munene blamed the paralysis in government on the fact that the coalition was formed at a time of crisis and “incorporated even bad people”.

The clause on firing of ministers implies both President Kibaki and Prime Minister Odinga must agree on the sacking.

With allies of both men plotting for 2012, it is unlikely that they can sack a minister who may prove useful at elections.

The complexity of the removal procedure means that ministers such as William Ruto and Najib Balala have retained their Cabinet positions despite being openly at loggerheads with Mr Odinga, the leader of their ODM party.

Apparently, Mr Odinga cannot succeed in removing the two because they have lately allied themselves to Finance minister Uhuru Kenyatta.

Mr Kenyatta, who is believed to be eyeing the presidency in 2012, is said to have the President’s ear on most matters and it is unlikely he would be enthusiastic about the sacking of the two ministers.

President Kibaki has also been unable to act on ministers from the PNU wing who have similarly come under pressure, possibly for fear that this would weaken the party in the fractious coalition.

Energy minister Kiraitu Murungi was the subject of calls for resignation after the emergence of the Triton oil scandal last year while Transport minister Chirau Ali Mwakwere has been under pressure from industry stakeholders and the general public to quit over his failure to control the matatu madness.

Even replacement of ministers has seemingly become complicated. Garsen MP Danson Mungatana is yet to be replaced as assistant minister for Health after he quit last year following the resignation of Narc-Kenya party leader Martha Karua.

Similarly the vacancies created by former Bomachoge MP Joel Onyancha and Mr Omingo Magara in the Trade ministry following the nullification of his South Mugirango election are yet to be filled.

Transport minister Chirau Mwakwere has joined the list after losing his Matuga seat in an election petition on Friday. Prof Munene says Mr Kibaki’s temperament is an issue at play.

During his first term, the President never sacked any minister although a number of them bowed to pressure and stepped aside over the Anglo Leasing and Goldenberg scandals.

In fact the only time he has come out to discuss a minister’s performance was when he defended Internal security minister Prof George Saitoti from accusations of ineptness by First Lady Lucy Kibaki.

“He is not a man who likes bringing down the broom,” Prof Munene said.

According to the lecturer, founding President Jomo Kenyatta was more forceful in dealing with ministers. But it is former President Moi who exercised his political powers most liberally, often sacking ministers who did not toe the government line.

Under the Kibaki-Odinga administration, breaching Cabinet decisions has been the rule rather than the exception.

Although parliamentary standing orders require ministers to respect the principle of collective responsibility, ministers have routinely publicly questioned directives of the Cabinet, especially on the proposed Mau forest evictions.

The call by Mr Odinga for Prof Ongeri and his Permanent Secretary Prof Karega Mutahi to step down over the loss of FPE money has shown how high the political stakes are.

Mr Odinga told permanent secretaries that he had asked President Kibaki to ask the two officials to resign.

Prof Ongeri fought back and accused Mr Odinga of “playing to the public gallery” and denounced his earlier statement as a political witch-hunt.

On Saturday, Mr Odinga’s office appeared to retreat from his earlier forthright demand for Prof Ongeri’s head.

A press statement from Mr Dennis Onyango, the director of communications in the PM’s office said: “I wish to clarify that the PM has a lot of regard for Prof Ongeri, a long-serving politician and a personal friend. The PM understands the pain the minister must be going through over the FPE saga...”

Youth and Sports Affairs assistant minister Kabando wa Kabando said people found to have been involved in graft should all exit irrespective of party affiliation.

“Both principals should look within their parties and pluck out the incompetent corrupt individuals who have on several occasions been listed as culprits in corrupt dealings,” the Mukurweini MP said.

He said singling out one minister out of many will not help fight impunity.

Imenti Central MP Gitobu Imanyara termed the tough anti-corruption talk by President Kibaki and Mr Odinga as a “populist antic” aimed at pleasing donors and winning the confidence of the public.

Mr Imanyara and National Convention Executive Council boss Cyprian Nyamwamu said the pair had failed to act on scandals such as Anglo Leasing and the loss of funds to the owner of Triton oil firm.

“This is a brotherhood of corruption. The coalition government is fomenting impunity in this country,” said Mr Nyamwamu.