House adopts report on Artur saga

Parliament has adopted the report on the Artur brothers without amendments and placed the onus for its implementation on the Executive.

Apart from the lone ‘No’ from Justice minister Mutula Kilonzo, the only Cabinet minister who was in the House when the report was put to a verbal vote, all other MPs including assistant ministers excitedly voted for the report’s adoption.

Mr Gitobu Imanyara (Imenti Central, CCU), who re-introduced the report in the House, moved debate and rallied MPs to adopt it criticised the Justice Minister saying “he obviously lived in another era” and not that of the new Constitution.

Mr Kilonzo had called for Parliament to stay the adoption of the report saying it “raises more questions than answers” and that it was a “comedy of errors”.

The report adversely mentions Mr John Michuki (former Internal Security minister and current Environment minister) for his role in shielding the Armenian brothers and even giving them a lead role in the raid of the Standard Group offices, printing press and KTN studios.

The Head of Civil Service Francis Muthaura, former special advisor to the President Mr Stanley Murage, former CID director Joseph Kamau, Ms Mary Wambui and her daughter Winnie Wangui, together with Mr Raju Sanghani and Kamlesh Pattni are all indicted as per the evidence adduced before the parliamentary inquest.

The report is explicit that Mr Michuki and Mr Murage “should not hold public office” and that they should be prosecuted for their role in the Standard Group raid and for condoning illegal activities of the Armenians.

The implementation of the report will be monitored by Parliament’s Implementation Committee, which as per its operation mode means the report has to be implemented within 60 days, failure to which sanctions are placed on the Executive, unless an extension is sought.

However, there has been no evidence is the recent past of the powers of this committee –to show that it can compel the Executive—since the new Standing Orders came into play on April 21, 2009.

Similarly, because the report has been adopted under a new Constitution, which gives a tighter threshold of integrity, those adversely mentioned may be forced to step down to comply with the chapter on Leadership and Integrity.

In the House, the debate matched the explosiveness of the findings of the report as MPs expressed their collective anger at the runaway impunity exhibited by the Arturs’ scandal.

The lawmakers were agreed in their contributions –though this is not among the recommendations –that the Standard Group ought to be compensated, by the government, for the damage and theft of equipment, and the harassment of their staff.

Ms Martha Karua, a former Justice Minister, was on the spot for what the committee said was trying to “stop investigations” on the “spurious grounds” that Parliament ought not to carry on with the investigations because the Executive had set up a commission of inquiry.

A combative Ms Karua agreed that she indeed wrote a letter to then Speaker of the National Assembly, Mr Francis ole Kaparo, but then she said that her argument was on “the sequencing”.

The Gichugu MP supported the adoption of the report, but with “reservations” saying that her name was not in the recommendations of the report.

“The Standard raid,” Ms Karua told the House, “is not something that could have been supported by anybody. I stood for the rule of law and I condemned it".

She said, two members of the committee that was jointly chaired by former Kabete MP Paul Muite and Mr Ramadhan Kajembe (now assistant minister), were malicious and were out to implicate her.

“Parliament realises they can’t investigate crime. They can only do superficial investigations. They are able to condemn but not able to convict,” said Ms Karua in relation to the committee’s recommendation those adversely mentioned be investigated, and if found culpable, prosecuted.

The debate nearly degenerated into an ugly altercation as Ms Karua fervently interrupted any MP who mentioned her name in relation to the government’s attempts to derail the House inquest.

But even in her bravery in the face of a backlash over her past decisions, Ms Karua did not manage to stare down MPs Millie Odhiambo, Rachel Shebesh, both nominated MPs for ODM; Benjamin Langat (Ainamoi), Luka Kigen (Rongai), John Mbadi (Gwassi) together with assistant minister Ayiecho Olweny, all from ODM.

“Let’s remember that even in the Bible, Paul, when he saw the light, he apologised for his sins and changed his ways,” said Prof Olweny.

 “The minister (Mr Michuki) must resign immediately when we pass this report today,” Mr Langat added. “The former minister has tried so much to clean her name, but we saw the letter and were told to conclude for ourselves, and my conclusion is very clear.”

The MPs kept on referring to Ms Karua’s role as indicated in the report saying she had to take responsibility. But Ms Karua, in her interruptions, insisted that she needed to take no responsibility because she was instrumental in their arrest and eventual deportation from the country.

“I hope that the tabling of this report is something that will be a reminder to not just Ms Karua, but to all MPs, that when you’re in a privileged position, you should remember to always uphold the rule of law,” said Ms Odhiambo.

She singled out Mr Mutula Kilonzo, Ms Karua’s successor at the Justice docket, saying that he was responsible for “messing up the boundaries issue” in the ongoing political disagreement over the 80 new constituencies and their boundaries.

Ms Karua then shrugged off attempts by Mr Ekwee Ethuro (Turkana Central, PNU) and Mr Charles Kilonzo (Yatta, ODM-K) to defend her, saying she needed no help from any member to defend herself.

“Whoever did anything wrong ought to be punished,” said Ms Karua. “But I do not see any direct evidence linking the Head of State in the report. It is the people around him.”

Ms Shebesh, in her contribution, said the report was a reminder that “impunity was alive in the country” and accused Mr Michuki of perpetuating it, when he made his infamous rebuttal to the media at the time that “if you rattle a snake, you must be prepared to be bitten.”

“That smirked of arrogance and this is what we call impunity,” said Ms Shebesh. “Such reports confirm to the House the level at which he’s perpetuating impunity. We continue to have the same President even after this incident. We must ask ourselves very very fundamental questions.”

Mr Jakoyo Midiwo (Gem, ODM), the government whip in the House, said that impunity ought to be crushed, and was momentarily interrupted by Mr Aden Duale (Dujis, ODM) for mentioning the midnight stand-off at Nation Centre by First Lady Lucy Kibaki.

Though Mr Midiwo was alluding to threats to press freedom from State House and other official sources, Mr Duale interjected saying the report that was under debate had not mentioned the First Lady and thus it was inappropriate to discuss her.

But to make his point Mr Midiwo posed: “Which country imports thugs, makes them police officers and expects to be respected?

It is worth noting that even with the report indicting the core of government the frontbench stayed deserted save for intermittent appearances by assistant ministers.

Mr Kilonzo, the Justice Minister, had initially been reluctant to take the government’s responsibility on the report, but later, he rose but called for the report not to be adopted.

He alluded to failures to summon people adversely mentioned, but he must have ignored the elaborate complaints by the committee, in a section of the report, that some witnesses, particularly police officers ignored committee summonses.

“The attack on the Standard Group was unacceptable, it remains unacceptable, and as a minister of justice, I look forward to a day when the people who did this will be prosecuted.”