Focus on Uhuru after MPs vote to fire EACC executives

EACC chief executive Halakhe Waqo (left) with his deputy, Michael Mabea. PHOTO | BILLY MUTAI

What you need to know:

  • MPs Thursday evening voted to oust the Ethics and Anti-Corruption Commission (EACC) chief executive officer Halakhe Waqo and his deputy, Michael Mabea, through amendments to the proposed anti-graft law.
  • President Uhuru Kenyatta now holds the key to the duo’s continued stay in the commission secretariat as Parliament prepares to hand him the Bill for approval.
  • The two officers will now hold office in acting capacity, pending appointment of substantive office holders if Mr Kenyatta approves the Bill in to law in the form it left Parliament.

MPs Thursday evening voted to oust the Ethics and Anti-Corruption Commission (EACC) chief executive officer Halakhe Waqo and his deputy, Michael Mabea, through amendments to the proposed anti-graft law.

In a heated debate involving Jubilee coalition MPs largely drawn from the Muslim community and others from the Cord coalition, 70 MPs voted in support of amendments introduced by Kiminini MP Chris Wamalwa while 39 opposed it. One MP abstained from voting.

President Uhuru Kenyatta now holds the key to the duo’s continued stay in the commission secretariat as Parliament prepares to hand him the Bill for approval.

The MPs amended the Ethics and Anti-Corruption Commission (Amendment) Bill, 2015 which seeks to increase the number of commissioners from three to five.

The Bill also seeks to make the commissioners work part-time in what is expected to give the EACC chief executive full authority over operations matters.

Dr Wamalwa introduced changes to the Bill that was sponsored by the Justice and Legal Affairs Committee chairman Samuel Chepkonga to ensure that Mr Waqo and Mr Mabea hold office in acting capacity during the transition period.

The two officers will now hold office in acting capacity, pending appointment of substantive office holders if Mr Kenyatta approves the Bill in to law in the form it left Parliament.

“Upon enactment of this Bill, the offices of secretary/chief executive and deputy shall become vacant,” said Dr Wamalwa in his proposed amendments to the Bill.

The proposed law comes as Mr Kenyatta picked a panel to recruit new EACC commissioners following resignations of Mr Mumo Matemu in May, his deputy Irene Keino in April and another commissioner Jane Onsongo in March.

Mr Waqo has been on the spotlight after preparing the controversial list linking 175 top government officials to corruption.

Mr Kenyatta presented the list to Parliament, leading to suspension of top government officials, including five Cabinet secretaries.

The senior public officers, including Cabinet secretaries, principal secretaries, governors and MPs were accused of looting public coffers, conspiring with private firms to inflate prices of public goods, illegal transfer of land and the rigging of government tenders in favour of associates. 

Dr Wamalwa said corruption has been a critical issue and therefore a need for a clean start at EACC.

“The CEO and his deputy will still have the opportunity to serve in EACC once the post is declared vacant.

Marakwet East MP Kangogo Bowen seconded the Motion.

“To have new beginning at EACC, we need a new secretariat. It will be difficult for new commissioners to work with the current secretariat,” he said.
Mukurweini MP Kabando wa Kabando supported him.

Majority Leader Aden Duale, Eldas MP Adan Keynan, Wajir Women Representative Fatuma Mahboub, Nakuru Town East MP David Gikaria opposed the Motion saying the House vetted Mr Waqo before appointment.

“We are dealing with the composition of commission. If we take legislative role to sack and reappoint commissioners, then mandate of the commission is to employ CEO,” Mr Duale said.

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