Kanu vows to impeach Keter as IEBC begins probe

Newly elected Kericho Senator Aaron Cheruiyot and the former senator now Cabinet Secretary Charles Keter address the media at Kapmaso Primary School in Belgut Constituency after voting on March 7, 2016. PHOTO |TONNY OMONDI | NATION MEDIA GROUP

What you need to know:

  • IEBC said some people had raised concern regarding “the minister’s use of government resources to campaign”, among others.

  • Kanu's Nick Salat also asked the CS to resign and rejoin politics since he was “misusing his position” to run campaigns in Kericho.

  • In April 2013, Ruto said politicians would not serve in the Cabinet as “their business is not politics” but “to deliver on the agenda we have for Kenyans”.

The Independent Electoral and Boundaries Commission (IEBC) on Wednesday launched investigations into allegations that Energy CS Charles Keter unlawfully meddled in the Kericho senatorial by-election.

This came as three MPs affiliated to the Kanu brigade that lost the Monday duel threatened to table a Motion in Parliament to impeach Mr Keter on grounds that he indulged in politics and, therefore, as a public officer, broke the law.

Section 16 of the Public Officer Ethics Act of 2003 prohibits public officers from declaring support for, or opposition to, any political party or candidate in an election.

“A public officer shall not engage in political activity that may compromise or be seen to compromise the political neutrality of his office,” reads the law.

Wednesday, the IEBC said some people had raised concern regarding “the minister’s use of government resources to campaign”, among others.

“Some are formal complaints while others are hearsay and we are investigating all of them,” Ms Tabitha Mutemi, the commission’s communication officer, said.

These new developments put CS Keter in the middle of a political and legal storm, with  MPs Alfred Keter (Nandi Hills), Oscar Sudi (Kapseret) and Johana Ng’eno (Emurua Dikir) accusing him of abandoning his work to campaign for Mr Aron Cheruiyot, who won the seat on a Jubilee ticket.

The trio were the chief campaigners for Kanu aspirant Paul Sang, who emerged second with 56,307 against Mr Cheruiyot’s 109,358.

The CS is accused of publicly supporting Mr Cheruiyot and being vocal about it at rallies and press briefings.

He is also said to have appeared in solidarity with Mr Cheruiyot as he went to vote at Kapmaso Primary School in Belgut, and later at the tallying centre at Moi Tea Boys High School, and was also captured in photographs celebrating victory with the Jubilee supporters in the streets of Kericho Town.

ELECTION ACT

In April 2013, Deputy President William Ruto said politicians would not serve in the Cabinet as “their business is not politics” but “to deliver on the agenda we have for Kenyans”.

However, despite that promise by the DP and the legal guidelines, Mr Najib Balala (CS Tourism) and Charity Ngilu (former Lands CS), both veteran politicians, were nominated and consequently appointed to the Cabinet after vowing to “quit politics and dedicate their energies to the realisation of the Jubilee manifesto”.

The Election Act states that a public officer shall not engage in the activities of any political party or candidate or act as an agent of a political party or a candidate in an election.

It bars public officers from publicly indicating support for or opposition against any party, side or candidate participating in an election; engaging in political campaigns or other political activity; or using public resources to initiate new development projects for the purpose of supporting a political cause.

Mr Ng’eno, the Emurua Dikir MP, said the CS had broken a crucial ethical and governance law and should not be allowed to keep his public office.

“The law is very clear,” he said. “Mr Keter should make up his mind on whether he wants to be a politician or a minister.”

Kanu Secretary General Nick Salat also asked the CS to resign and rejoin politics since he was “misusing his position” to run campaigns in Kericho.

He also claimed that those who were employed through the minister’s influence had not reported to work in the last two weeks as they were busy in Kericho campaigning for JAP.

“He should not have stepped down from politics if this is where his heart is,” said Mr Salat, calling Mr Keter’s alleged transgressions “a clear sign of impunity of the highest order”.

Ms Mutemi, the IEBC spokesperson, yesterday said the commission would, after deliberations, issue a statement on the way forward. She, however, did not specify how long the process would take, only saying that this was a matter of public interest that should be concluded as soon as possible.

Additional reporting by Eunice Kilonzo