Raila: I did not have to consult Kibaki

Prime Minister Raila Odinga has said he did not have to consult the President over the suspension of two government ministers.

In an interview with the BBC Radio on Sunday night, the Prime Minister said he had acted within the law, since he was only “disciplining errant ministers.”

"I don’t have to consult him (President Kibaki)… I have not dismissed a minister, and that is where I need to consult the President, but just disciplining a minister who is errant, that I have the powers,” he told the radio.

He said the President had acted illegally by quashing the suspensions.

“The President actually cannot revoke my suspension…of ministers… because I’m the supervisor and coordinator of government functions. That is the constitution. That function I do not share with anybody.”

Investigations

On Sunday, the PM announced at a Press conference the suspension of Cabinet ministers William Ruto and Prof Sam Ongeri for three months to pave way for investigations into two separate scandals.

One scandal involves the loss of an estimated Sh2 billion in the irregular allocation of subsidized maize in 2008. Maize under the national grain reserve, meant for the hungry, was sold to profiteers who made millions, while consumers had to pay high prices for the product.

The second scandal concerns fraudulent deals in the Ministry of Education which cost the government Sh103 million meant for the Free Primary Education scheme, where top ministry officials drew inflated imprests for seminars.

On Sunday, the Prime Minister quoted a section of the National Accord which he said gave him power to suspend the ministers over the graft allegations. The National Accord was signed in 2008 as a power-sharing deal that ended the post-election violence sparked by the disputed 2007 General Elections.

But President Kibaki later said the PM did not have powers to remove ministers from office and therefore, “constitutionally the two ministers remain in office.”

The President added he had not been consulted over the matter, and he too, quoted the National Accord and the Constitution, that ministers can only be removed by the President after consultations.

However, the Prime Minister maintained that the suspension stands and the ministers will be investigated. “Since the permanent secretaries have been suspended, the ministers must follow suit,” Mr Odinga said.

But, on Monday, the two ministers on the contested suspension reported to their respective offices. Mr Ruto said he was there to serve his role as provided by Constitution. Prof Ongeri refused to talk to the Press as he reported to the Jogoo House offices in Nairobi in the morning.