RIGGING GOING ON - HERE'S THE PROOF

From: Steve Aseno
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Published on December 18, 2007, 12:00 am
Leaders behaving badly
By Alex Ndegwa

Seven Cabinet ministers, the head of Civil Service, and top civil servants have been named in a damning report that has indicted the State over the misuse of public resources in campaigns and failure to stem election violence. With only nine days to the polls, the report by the Government’s own human rights watchdog — the Kenya National Commission on Human Rights (KNCHR) — put a damper on the prospects of free and fair elections. The watchdog listed the head of Civil Service, Mr Francis Muthaura, alongside seven Cabinet ministers and nine Assistant ministers as among State functionaries using Government vehicles and aircraft to campaign for President Kibaki’s Party of National Unity.

The Maina Kiai-led commission also censured seven technocrats, who have joined the President’s re-election campaign teams.

It said their involvement in political campaigns was in breach of the Public Officers Ethics Act, which required that all public servants remain neutral.

In the damning election monitoring report titled, "Still Behaving Badly", which was released on Monday at KNCHR’s offices in Nairobi, the commission lifted the lid, revealing the extent to which State resources had been deployed.

KNCHR field staff have spotted and tracked down some 141 Government vehicles and two aircraft ferrying the public officials to PNU public rallies. "The use of Government resources for partisan political engagements is a blatant misuse of taxpayers’ money," the report that contains evidence captured in photographs said in part. All the detailed vehicles are captured in photographs.

The commission, too, unearthed a scheme whereby suspected Government vehicles were issued with civilian registration numbers — in some cases two cars bearing the same number plates — to shake off the trail. Internal Security minister Mr John Michuki used one such vehicle.

"The commission is in the process of obtaining particulars of 40 other vehicles bearing civilian registration plates but highly suspected to be government vehicles," noted the report, which also contained photographs of the cars in question. The commission, Kiai said, had written to the Registrar of Motor Vehicles but assistance was not forthcoming.

"The use of licensed plates on different vehicles is what carjackers do. Therefore, what government officers are doing is tantamount to carjacking and police must investigate the matter," Kiai said.

The report named and shamed politicians from across the political divide perpetuating hate speech in campaign rallies. An audio clip of Lang’ata PNU parliamentary candidate, Mr Stanley Livondo, was played to the audience in which he attacked ODM presidential candidate Mr Raila Odinga.

But the commission was forced to fight off claims of bias against the Government after it emerged that only one opposition politician, ODM Pentagon member Mr William Ruto, featured in the damning report on hate speech.

"We are not biased because our job is to hold the political class accountable no matter who they are," Kiai said.

"We cannot manufacture hate speech against ODM," added Mr Kamanda Mucheke, a senior human rights officer with the commission, saying there was difference between propaganda and hate speech.

According to the report, Muthaura was spotted in a silver Toyota KAU 419L at a PNU youth rally in Uhuru Park last month.

But evidence suggested it was a Government vehicle issued with civilian registration numbers.

Ministers implicated in abuse of their official vehicles include Mr Paul Sang (Health), Mr John Michuki (Internal Security), Mr Maina Kamanda (Sports), Mr Suleiman Shakombo (National Heritage), Mr Kiraitu Murungi (Energy), Mr Morris Dzoro (Tourism) and Dr Mukhisa Kituyi.

They were spotted in GK-plated vehicles attending PNU meetings on diverse days in the last two months.

Wasted Sh30 million in two months

Assistant ministers named were Mr David Mwenje, Ms Betty Tett, Mr Peter Munya, Mr Kalembe Ndile, Mr Ekwe Ethuro, Mr Anania Mwaboza, Mr Danson Mungatana and Mr Petkay Miriti.

Besides calling for disciplinary action against the ministers, the report recommended that they be surcharged for misusing public property for partisan purposes.

The commission worked out the cost of misuse of Government vehicles by each minister to Sh375,000 per month, translating to Sh30 million for all 82 ministers.

Two months would amount to Sh62 million. "This money is enough to pay 4,100 people a month’s salary of Sh15,000 each," noted the report.

Similarly, the commission raised a red flag over the involvement of technocrats in President Kibaki’s re-election campaigns, notably the Presidential Advisory Board (PAB) and the Presidential Elections Board (PEB).

Those singled out include the Chancellor of the University of Nairobi Mr Joe Wanjui and Jomo Kenyatta University for Agriculture and Technology (JKUAT) Vice-Chancellor, Prof Nick Wanjohi.

State Corporation chiefs whom the report faulted for membership to the boards are managing directors Mr George Muhoho (Kenya Airports Authority), Mr Eddy Njoroge (KenGen) and the corporation’s chairman, Mr Titus Mbathi.

Others are Kenya Revenue Authority director Mr Nathaniel Kang’ethe and Mr James Kimonye, the managing director of the Kenya Meat Commission.

Kiai said he had written to Muthaura over the matter but he had responded that the officers were on leave. Kiai, however, argued that did not mean they had ceased being public officials.

He added the Attorney-General Mr Amos Wako had supported the legal opinion and advised Muthaura that their action contravened the law.

Now the commission wants the head of Civil Service and the Attorney-General to take disciplinary action or prosecute the public servants for engaging in politics while in office.

Further, the commission recommended that they be made to refund any emoluments that they may have accrued during the entire period of their involvement in campaigns.

The report added: "The KNCHR is following up on numerous allegations of involvement of the Provincial Administration and other civil servants, including teachers in partisan political campaigns."

On electoral violence, the commission said the impunity with which senior government officers continued to engage in campaign acts that violated the law was partly promoting the vice.

It cited failure to take action on Roads minister Mr Simeon Nyachae for an incident in which ODM leaders were attacked in Kisii. The incident happened on September 21 when ODM Pentagon member Ruto and party treasurer, Mr Omingo Magara, were chased away by youths when they attended a fundraiser presided by the minister.

Similarly, the commission raised eyebrows on the case involving an Assistant minister for water, Mr Raphael Wanjala, in which a government vehicle assigned to him was seized in Naivasha carrying assorted crude weapons that included bows, arrows and Somali swords.

The minister was, however, summoned to CID headquarters to record a statement but nothing much happened thereafter.

Urged ECK to take action

Yet another involved former Bumula MP Mr Bifwoli Wakoli, whose vehicle was intercepted carrying crude weapons.

The commission urged the Electoral Commission of Kenya (ECK) to enforce sanctions against parties, their candidates and supporters who violated the National Assembly and Presidential Elections Act.

The police also came under fire for failure to act on prior information to stem violence in Mt Elgon and Kuresoi. Skirmishes in the clash-hit regions have killed at least 70 people since July and resulted in the displacement of over 2,000 families in Kuresoi.

Over 2,000 registered voters are at risk of being locked out of voting, warned the commission, urging the ECK to provide mobile polling booths.

Kenyans should also desist from being agents and conduits of hate speech by refusing to condone or forward offensive text through SMS or email. They should also discourage politicians from using hate speech in rallies by declining to cheer.

Speakers at the launch praised the State-funded commission for taking the bold step to criticise the Government for its excesses.

A UNDP official, Mr Maggie Cook, said the commission’s vigilance would check against the misuse of taxpayers’ funds and promote accountability.

"Accountability is about responsibility, honesty and integrity in public life," she said adding recommendations contained in the report serve as a springboard for reforms.

ECK official, Mr Boniface Muoka, said the polls body could not compromise on certain issues like violence, intimidation of candidates and defacing of rival’s posters.

The commission would bring to book those found engaging in electoral malpractices.