Cord denounces payments to Anglo Leasing companies

Acting Cord leader, Mr Anyang’ Nyong’o, makes a point during a press conference by the coalition at a Nairobi hotel on May 16, 2014. The coalition is organising a major home-coming event for its leader, Mr Raila Odinga, who is expected home in the next 10 days after a lengthy stay in the United States.. PHOTO | DENISH OCHIENG

What you need to know:

  • Prof Nyong’o said they would consider whether to take their case to the law courts or leave it in the court of public opinion
  • The Cord leaders insisted that the deals were fraudulent, and, therefore, could not be honoured

The opposition on Friday strongly opposed President Uhuru Kenyatta’s directive to the Treasury to pay two Anglo Leasing-type companies Sh1.4 billion for suspicious deals.

The Coalition for Reforms and Democracy (Cord) accused the President of “breaching and undermining” the Constitution, and said they would go to court to stop the payments in the interest of the public.

Cord also protested at the President’s decision to delegate executive powers to county commissioners. By doing this and also authorising the payments to the two shadowy firms despite Parliament’s disapproval, the President, had broken the law with impunity, the opposition leaders claimed. 

“It is regrettable that the President has turned into a rodent that is eating away at the very core of the Constitution that he swore to protect. We wish to remind him that our Constitution is not a lifeless piece in a museum,” Cord said in a statement read at a Press briefing at the Serena Hotel in Nairobi by ODM acting party leader Peter Anyang’ Nyong’o.

“It is our considered view that the President’s decree in favour of Anglo Leasing is inadequate even to invite our conscience; impotent to warrant payment from the Exchequer; ridiculous for sanitising fraud; scandalous if brought forward to earn public support and monstrous enough to ruin our already strained economy,” he said.

But asked what action they would take, Prof Nyong’o said they would consider whether to take their case to the law courts or leave it in the court of public opinion.

Cord co-principal Kalonzo Musyoka added: “Peaceful demonstration is a right of every Kenyan under the Constitution. Nobody should feel threatened by that because what else do you do when you have a government that is not listening to its own people. A peaceful demonstration is an option.”

The Wiper Party leader went on: “We hope Jubilee is not doing things that are going to get us to go to the streets, because that is as far these things have gone.”

Prof Nyong’o quipped: “You know this Constitution was brought about by demonstrations and it will be defended by demonstrations. We have professional demonstrators here.” 

'LOWEST EBB'

The Cord leaders described President Kenyatta’s decision to have the two firms paid as “the lowest ebb in our struggle to combat corruption and engender prudent management of public resources in this country.”

The opposition leaders pointed out that given the central role Mr Kenyatta played as the Leader of the Official Opposition during the investigations by the Public Accounts Committee in 2006, it was shocking that he would be the same person to authorise the payments.

“We wonder what spiritual baptism the President has undergone to rationally demand the clearance of the fraudulent sums.”

But speaking in a televised address at State House, Nairobi, President Kenyatta said he made the “painful decision on which was the greater evil; to pay the money or put the economy at risk”.

But the Cord leaders insisted that the deals were fraudulent, and, therefore, could not be honoured.

Some members of the parliamentary Budget and Appropriations Committee, who attended a meeting with the President at State House, Nairobi, on Thursday, told the Saturday Nation that he would rely on Article 223 (2) of the Constitution, which provides for Parliament’s approval to be sought for any payment out of the Consolidated Fund within two months after the first withdrawal of the money.

Committee chairman Mutava Musyimi said he stood by the position taken by the joint Budget and Finance committees that the country ought to pay.

“These are debts that have challenges, but failure to pay would provide greater challenges. We are choosing between bad and worse. It’s not a choice between good and bad,” the Rev Musyimi said.

He said President Kenyatta was “within the law in authorising the payment and Parliament would rightly be asked for its approval when it resumes.

“As soon as we go back, we shall do what we need to do, in accordance with the law. It is in the interest of the country that we make the payment, get closure and move on,” he said.