Anti-graft body accused of targeting ODM ministers

Six Orange Democratic Movement (ODM) legislators Wednesday accused the Kenya Anti-Corruption Commission of targeting Cabinet ministers from their party in the fight against the vice, warning its credibility was on the line.

However, two PNU Members of Parliament hit back immediately, arguing that their Grand Coalition partner was seeking to protect its members who have been mentioned in corruption scandals.

The exchange of words between ODM and PNU comes a day after former Industrialisation minister Henry Kosgey was arraigned in court facing 12 counts of abuse of office and released on a Sh2 million cash bail.

At a quickly convened press conference in Parliament Buildings, the ODM MPs claimed Kacc was fighting corruption selectively and cautioned the PLO Lumumba led commission to be careful so as not be used as a weapon to fight political wars.

They demanded that Kacc equally goes for the three other ministers and 45 heads of parastatals which the commission has indicated it believes have been involved in corruption.

“We agreed with Kacc on fighting corruption, we have no problem with the approach they have taken, what we want is for it to fight without appearing to be tough on one side of the coalition and favouring another, because we see this as a selective approach,” Gwassi MP John Mbadi said

Present were MPs Rachael Shebesh (Nominated), Fred Outa (Nyando), Jakoyo Midiwo (Gem), Joyce Laboso (Sotik), Alego Edwin Yinda (Alego Usonga) and Julius Murgor (Kapenguria).

“The way Kosgey’s case been rushed is not the same as the rest,” Mr Mbadi said, citing the Anglo-Leasing, Triton and Rift Valley Railways concession as other cases needing urgent attention.

Their remarks, however, were rebuffed by ODM-K MPs Charles Kilonzo (Yatta) and Kiema Kilonzo (Mutito)— who belong to the PNU wing of the Grand Coalition—who faulted their colleagues engaging in “cheap and simplistic” interpretation of the fight against corruption.

“This matter came to Parliament, it was debated, and none of them ever said then it was witch-hunting. This (prosecution) is one of many to come and whether it is from ODM, PNU or ODM-K, the arrest of any MP should not be termed witch-hunting,” said Mr Charles Kilonzo.

Mr Kiema Kilonzo said ODM should have instead rushed to ask Mr Kosgey to step aside as the party’s chairman until the prosecution is concluded.

“When one is involved in corruption, he doesn’t do it on behalf of the party or the community. Unless ODM know more than we do, they should have waited,” said the Mutito MP.

Mr Kosgey bowed out of the Cabinet on Tuesday and surrendered to Kacc after Attorney General Amos Wako gave the commission the green light to arrest the Tinderet MP and charge him in court. Prime Minister Raila Odinga and President Kibaki accepted his wish to step aside until the case was concluded.

Kacc swiftly arraigned him in court in the afternoon where he denied 12 counts of abuse of office relating to exemptions he gave to various companies to bring into the country vehicles beyond the eight-year old limit. He was released on bail and the case set for mention on March 2.

Mr Kosgey, the first big prosecution by the Kacc, became the third member of the current Cabinet now out of office over corruption allegations.

The prosecution appeared to have complicated matters for the ODM national chairman, who was last month named by the prosecutor of the International Criminal Court Louis Moreno-Ocampo as one of the six key suspects in the 2007 post election violence that followed the disputed 2007 presidential election

Sirisia MP Moses Wetang'ula and Eldoret North MP William Ruto are also under investigations over the sale of Kenya’s mission property in Tokyo and the sale of public land, respectively.

Prof Lumumba said in December that he had investigated four cabinet ministers and was to submit to Mr Wako their files seeking the green light for prosecution. However, sources at the AG’s office said only one file— concerning Mr Kosgey— was submitted in December and Mr Wako acted swiftly.

On Wednesday, officials at the AG’s chambers said they were waiting for the Kacc boss to keep his word by submitting three other files on Cabinet ministers who have been investigated for wide ranging corruption scandals.

At Parliament Buildings, ODM MPs in their statement Wednesday cited Public Investments Committee and the Cockar reports stating that they require Transport Minister Amos Kimunya and Trade Minister Chirau Mwakwere, Former Central Bank Governor Prof Njuguna Ndungu and Investments Secretary Esther Koimett to be investigated.

“What has taken Kacc so long to take action, and now they are making this appear too big, yet it is not even grand corruption in terms of money lost,” Mr Mbadi said.

The PIC report questioned the way the concessionaire for Kenya Railways was picked. The report called for an independent probe into the role of Mr Kimunya as former Finance minister, long serving Treasury PS, Joseph Kinyua, Mr Mwakwere then as Minister for Transport.

Mr Outa said while ODM supports the fight on corruption, it wants everyone involved to face the law.

“We are not trying to defend our people, but what we don’t want is selective approach, we want it to be done in a comprehensive manner and Kacc should deal with the rest,” the MP said.

The MP said Kacc should deal with the cases as they arise. “In politics when dealing with only one individual, it raises eye brows. We know people who have been there and have never been dealt with. We know Lumumba and he is a very good guy, but we want him to do his job across the board and stop being selective,” Mr Outa said.

The MP added; “Four ministers are on the line, and when you pick one and leave the rest, it leaves question marks, Kacc should bring the four at the same time and this will really send a strong message, otherwise what is happening now will dilute something that is really good.”

The MP said it was good that Kacc was dealing with corruption issues, but urged that earlier cases should be on top list.
“This is a coalition Government and the only way to succeed is to bring both sides on the same level, “he said. “How can you deal with only one person and leave the rest who are also supposed to be facing the law,” he said.

The group also claimed they had learnt that Attorney General Amos Wako had received instructions from a high office to ensure that Kosgey’s case is taken to court immediately.

“We hear he was given instructions to make sure the case goes to court, this is a selective approach in fighting corruption, and if not careful Kacc is going to ruin their credibility, Kenyans will lose faith in it,” the MP said.

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