Murkomen: We are debating NYS and Cereals board scandals

In this interactive series, we invite our readers to send in questions to selected public figures. Answers will be published in the next print and online editions. This week, Senate Majority Leader Kipchumba Murkomen responds to your questions

1. As the Leader of Majority in the Senate and having been a lecturer of law, what is your take on the culture of disobedience of court orders that has been so rife in Jubilee administration? Don’t you feel the President and his deputy are not defending the Supreme law? Andrew Maranga Ratemo, Malindi

All court orders as a matter of principle must be obeyed by all regardless of whether it’s wrong or right. I am however not aware of any instance where a court order has been issued against the President and the Deputy President and has been disobeyed. Even in the instances where court orders have been issued against other State officers, those orders have been contested before a court of competent jurisdiction.

2. You are a close associate of the Deputy President (DP) William Ruto and you are out to ensure he gets the support come 2022. Some victims of 2007/08 post-election violence still claim they were resettled comfortably. What is your take? What of fears in parts of Rift Valley that some communities may again be evicted if they do not support Mr Ruto’s 2022 presidential bid? David M. Kigo, Nairobi

The 2007/08 violence was not confined only to one region, it happened all over the country including Nyanza, Nairobi, Central, Coast, Western and Rift Valley. It is what led the President and his Deputy to come together way before 2013 to resolve the issues that make people fight all the time and to resettle the victims. The healing and resettlement has been on and many victims have received reparation. Credit goes not only to the President and his deputy but the whole government. Those who feel left out can channel their grievances either through the government offices in their respective counties or through their democratically elected representatives. If such complaints are brought to the attention of Parliament we will address them. I suppose DP's competitors have realised they can’t beat him through issue based politics and are now resorting to the politics of hatred and fear-mongering. Thankfully Kenyans are now wiser and know how to make democratic decisions.

3. We are wasting huge amounts of money to sustain over 700 nominated MCAs whose value we do not see, as the Senate remains silent. Is there a way out? Githuku Mungai, Nairobi

The nomination of MCAs to address gender inequality and inclusion of other marginalised groups is in compliance with the Constitution and they play a major role in the success of the legislature at the grassroots. They complement the elected MCAs to ensure quality services are provided in the counties.

4. What will be Mr Ruto’s reaction just in case President Kenyatta goes the Kibaki way by saying ‘let Kenyans decide’ come 2022 General Election? Munoru Mworia, Maua, Meru County

It is the Constitution not the President that says Kenyans shall via the ballot decide their leaders. President Kenyatta will vote for and may even campaign for his party’s candidate but it shall be for the people to decide.

5. During the recently-concluded Fifth Devolution Conference held in Kakamega County, you said that the counties were creating minorities. What did you mean? Did the drafters of the Constitution foresee this and how can it be cured? Komen Moris, Eldoret

Some counties have been accused of denying job opportunities and development to people and areas where certain persons who are a minority in that county reside. This creates a new set of minorities in the county even if such persons may not necessarily belong to a minority community in Kenya. This is a clear violation of the values and principles espoused in the Constitution. We have enacted sufficient legislation to address this matter. What is needed is implementation by the counties and enforcement by human rights institutions such as Kenya National Commission on Human Rights, Commission on  Administrative Justice and Gender Commission among others. Affected Kenyans should bring these matters to the attention of the Senate and other relevant institutions.

6. One of the immediate results of the handshake between President kenyatta and Mr Raila Odinga was calmness witnessed in the country and the animosities between different political factions ceased. Has the Senate witnessed the fruits of this handshake in its business? Is it compromising its oversight role? Komen Moris, Eldoret

The Senate and senators’ role is to protect counties and their governments through legislation, representation and oversight. The political truce, however, helps us as senators who play key roles in our parties to now concentrate on our core mandate without the distraction. It also helps our partners in the counties to concentrate on service delivery.

7. You are a staunch supporter of the DP and I believe your moment of glory would be to see him become the President in 2022. With the now famed ‘handshake’, the ground has shifted somewhat and in a way has shaken the DP’s 2022 plans. What will be your new strategy going forward to ensure that you achieve your earlier objective? Wilson Macharia, Nairobi

It has been often clarified that the handshake was not about 2022 even though our partners are behaving otherwise. Our focus now is service delivery. I prefer focusing on the success of Jubilee manifesto and Jubilee as a party rather than DP William Ruto as a person. What’s important for us is for Jubilee to win again in 2022 based on its performance regardless of who will be the candidate.

8. As a leader from Murang’a County in the former councillors’s forum, I am concerned about the bill on the send-off pay for former councillors that has taken inordinately long in the Senate. I recall the DP promising councillors during 2017 campaign that he will ensure the bill is enacted. Why is the bill taking so long to be passed by the Senate? Joe Kanguchu, chairman of Metumi Councillors Sacco

We don’t have a bill for former councillors in the Senate. What we had was a petition to support the welfare of former councillors. We recommended that the issues be handled by the constitutionally mandated body which is the Salary and Remuneration Commission.

9. You are a fierce defender of Jubilee government and I commend you for that. However, as a senator and leader of Majority in the Senate, you are also are supposed to oversee other institutions like National Youth service. How come you have been silent on the two NYS  scandals? Doesn’t your work as a legislator include speaking out about such if you are to defend the Uhuruto administration? Osanya Luke Wilson, Bungoma

As legislators we must support the independent institutions to carry out their mandate. The reason why we are now debating NYS and National Cereals and produce Board matters, is because the relevant agencies including the Department of Criminal Investigations are now doing their job. Many politicians are now jumping in for political mileage. I don’t need that mileage. I am already aware that the President and his deputy have demanded results from the relevant institutions. I want to see the results. Where Senate is required to act especially in regard to corruption in counties our committee on County Public Accounts will take the lead with my support as the majority leader.

10. With the controversies surrounding the NYS, some people have suggested  that it be disbanded. What is your take on such a suggestion? Are Kenyans getting value for money from NYS given the many scandals it has had? Nelson Mandela Vujeri, Moi University School of Law

NYS is an important programme for the youth of Kenya. Even though it is currently riddled with many challenges of corruption, the solution is not to disband it. Doing so is akin to throwing the baby out with the bath water. Let’s deal with the cancer of corruption. I am optimistic we will overcome.

11. What is your take on the Misuse of Computer and Cyber-crimes Act? Don’t you think laws criminalising fake news are extremely problematic and are frequently subject to abuse by the authorities due to the power they give the authorities to determine what truth should be? Nelson Mandela Vujeri,Moi University school of Law

The role of Parliament is to make laws but the Judiciary retains the power to interpret and ensure rights and fundamental freedoms are not trampled upon. In enforcing this law, I am confident that the Judiciary will interpret the law in a manner that will protect both public good and individual rights.

12. We need laws to prevent rather than react to economic crimes at counties. As majority leader in the Senate, what legislative steps have you taken to prevent unprocedural award of tenders, arbitrary dismissal of employees, unprocedural hiring and over expenditure on personal emoluments against development in the counties? Ichenga Mugao, Tharaka Nithi

There are myriad of legislation on matters raised above both passed in the recent months by Parliament and others have existed for a long time. What is needed is vigilance in implementation. Senate has successfully handled various cases from the county through complaints, petitions and impeachment’s. We believe through our actions we have helped improve service delivery in the counties. We will continue to act if we receive or establish violations of similar nature.

13. What have you done as the Senate majority leader to mitigate the corruption vice especially the current NYS scam? Jeff Chepkwony, Sigor, Chepalungu

See answers above

14. As the DP’s close ally, what can you tell us about the failure of the DP to meet with former President Moi at his Kabarak home? Was there an appointment for the DP to go to Kabarak or was it just a calculated move to find ways to criticise and isolate Baringo Senator Gideon Moi for allegedly preventing the DP from seeing the former president? Jeff Chepkwony, Sigor, Chepalungu

This is a question to be answered by the DP himself. What I know is that the DP has not complained on this matter, neither did he make it a public visit. However I am on record requesting for an appointment on behalf of Rift Valley Legislative caucus who would love to visit the former President to wish him well. We shall patiently wait for the opportunity.

15. As the Senate majority leader and a close ally of Mr Ruto, what qualities should he look for when picking his running mate for 2022? Who in your view, fits those qualities? Murithi Ramires, Maua

If and when the Deputy President is chosen by the Jubilee Party to be its presidential candidate I believe he should consult widely within the party on the qualities for such a candidate and the diversity he or she brings on board.

16. Many supporters of the DP especially from the Rift Valley including yourself seem not comfortable with the handshake phenomenon whereas majority of Kenyans feel that the move was timely as it has eased the political tension which had built up after the disputed presidential election. Why is your wing of Jubilee uncomfortable with the handshake? Benard Nyang’ondi, Mombasa

We are comfortable as Jubilee Party with the efforts of President Kenyatta to unite the country by reaching out to all Kenyans including his previous competitors. We are however apprehensive of those who are using the opportunity to preach divisions among Kenyans by putting conditions and ultimatums to it. It ceases being handshake and now becomes blackmail and political gerrymandering.

17. We are faced with many challenges including floods, landslides, destruction of property and death caused by the heavy rains yet politicians are preoccupied with 2022 succession politics. What are you doing as the majority leader in the Senate to lobby for legislation that directly benefit the common mwananchi? Kamau Beka, Mumias

The role of Senate is to help mwananchi at the grassroots by protecting the counties and their governments through legislation, representation and oversight. This role is not in conflict with the 2022 elections. If anything, by resolving the problems faced by Kenyans, all of us who have been elected will be guaranteed of success come 2022. It is the motivation of a well-meaning politician to ensure that by next election they will have fulfilled and even surpassed the pledges they made to the electorate. Our time of reckoning is 2022 and it’s an important target for us once again to present our report cards to the people.