Replacing Ringera and Co.: the hard part begins

[kaburwo]

Jukwaa,
Quite naturally the departure of the non-performing Ringera brings the question: what next. We might as well be asking ourselves what kind of a person will deliver on anti-corruption in Kenya with a stone-walling government and fight-backs from corrupt powermen.

I dare say Kenyans should encourage men and women of good standing to offer themselves to be interrogated by the public. If Ringera's departure should teach anybody a lesson, it is that Kenyans are the bosses and not some god-father. None of those government appointees will be able to lord over the citizen and get away with it. We must never allow anybody to be beholden to a figurehead. It is Kenyans or home you go. Muhoho and Co. should be reading the clear writing on their walls, not staring at Kibaki's portrait.

So who comes to mind. Koki Muli, Lumumba and any other Kenyan with no strings attached. Come on Jukwaa, let us say what is required and who is required.

-Kaburwo-

[kaburwo]

KACC board moves to fill Ringera job

www.nation.co.ke/News/-/1056/666686/-/ungjth/-/index.html

-Kaburwo-

[adongo23456]

I would propose Dr. Willy Mutunga. He is a legal scholar. One of the smartest legal minds in the land. Well respected by both sides in the political divide. He is a low key guy. I think he is incorruptible. His managerial skills are exceptional. He is now working for the FORD foundation I believe. I wish someone can convince him to apply for the job. He is a national asset for the republic.

There are many other candidates of course, but yes good people should be encouraged to apply because the board will only choose from those who apply. Expect Dr. Kamau Kuria to apply and may be even Ringera's lawyer, Prof. Githu Muigai. I wouldn't mind Lumumba. He is a honest broker as we saw in his job at the CKRC.

May the best candidate win.

[kamalet]

I think the board will find it very difficult to fill the post with someone committed to fight corruption unless it first moves to remove the current impendiments to fighting corruption such as powers to KACC to prosecute as well as protection of corruption cases from interference via constitutional reference a place where many of the big cases have stalled.

If this is not done prior to recruitment of the new director, you can be sure that some job seeking charlatan is the one who will get the job....in any case the board can only nominate persons who have actually applied for the job!!!

[phil]

Oct 2, 2009 10:23:43 GMT 3 kamalet said:

I think the board will find it very difficult to fill the post with someone committed to fight corruption unless it first moves to remove the current impendiments to fighting corruption such as powers to KACC to prosecute as well as protection of corruption cases from interference via constitutional reference a place where many of the big cases have stalled.

If this is not done prior to recruitment of the new director, you can be sure that some job seeking charlatan is the one who will get the job....in any case the board can only nominate persons who have actually applied for the job!!!

Agreed. But with an action oriented and an uncompromised Director, I think KACC with the current laws can still help catch the big fish. KACC can still prevent scandals instead of abetting them like they did with handing Kamlesh Pattni a blanket amnesty in exchange for Grand Regency hotel.

It should not be any excuse that if Ringera did not perform then nobody else will. After all, Harun Mwau served as Director before pretenders like Ringera came to the scene and he showed all of us that it can be done.

Meanwhile, have you heard that John Githongo, Maina Kiai and Keraiko Tobiko are being mentioned as 'front-runners'?

[kamalet]

Oct 2, 2009 10:50:00 GMT 3 phil said:

Oct 2, 2009 10:23:43 GMT 3 kamalet said:

I think the board will find it very difficult to fill the post with someone committed to fight corruption unless it first moves to remove the current impendiments to fighting corruption such as powers to KACC to prosecute as well as protection of corruption cases from interference via constitutional reference a place where many of the big cases have stalled.

If this is not done prior to recruitment of the new director, you can be sure that some job seeking charlatan is the one who will get the job....in any case the board can only nominate persons who have actually applied for the job!!!

Agreed. But with an action oriented and an uncompromised Director, I think KACC with the current laws can still help catch the big fish. KACC can still prevent scandals instead of abetting them like they did with handing Kamlesh Pattni a blanket amnesty in exchange for Grand Regency hotel.

It should not be any excuse that if Ringera did not perform then nobody else will. After all, Harun Mwau served as Director before pretenders like Ringera came to the scene and he showed all of us that it can be done.

Meanwhile, have you heard that John Githongo, Maina Kiai and Keraiko Tobiko are being mentioned as 'front-runners'?

Phil,

Surely you know the amnesty claims by Pattni were never true and it is also correct that Goldenberg cases are still in court and if my recollection serves me right the hearing has been set down for 24th November for 4 days. You are aware of the cases in court stalled by constitutional references as well as the several hundred receovery cases filed by KACC against Sammy Mwaita and Gachanja! The problem is that all these cases will not move until the structures such as were put in to ensure that election petitions are heard within a certain time frame are in place.

KACC did not fail on its duties, it is the law and the structures that failed it. Frankly it does not matter who they bring, he will face the same frustrations of a parliament that wants to protect its own!

[kaburwo]

Kenyans let us follow the hard route. Disband KACC, reform and cleanse the police force and strengthen the office of the Ombudsman.

KACC is duplicating the policing effort of Ulinzi House. Policing must cut across all sectors of malfeasance: from petty theft involving egg thieves to heavy pilferers and heisters like Goldenberg, Anglo-Leasing, Triton, and other mega scandals. I wish to ask ourselves for examples of successful economies with a parallel anti-corruption outfit working outside the police command. May be we can draw lessons therefrom. With the police, ineffectual AG and the KACC shifting blame while drawing hefty salaries, we end up no where.

Agreed, Ringera raucous exit has underscored the power of the citizen to exert pressure. We saw how some MPs backed off from propping Ringera after the citizen uproar and call-ins on the ever-powerful FM stations. That sent out a message: Kenyans and not the president ARE the BOSSES. Yes. Let us seize this opportunity to equip citizens with skills in community policing, expeditious legal procedures and a police force that is both citizen-friendly and tough. This mix will allow the citizens to own the anti-graft war. Allow the passengers who arrest a bribe-taking cop, the office visitor who pays a bribe to speed up a file or make it re-appear and the politicians who take patronage money from crooked businessmen pay heavily.

Let us teach the citizen to stigmatise the corrupt, irrespective of how much the corrupt steal. There should never be a thing like a mega scandal creates a superstar while a petty thief ignites scorn. A thief is a thief, period.

Meanwhile, there are so many silent Kenyans with good anti-graft records who have never been featured in the press. Forget paper tigers like Githongo, Kiai and the rest. This advert should even be placed on the free internet job adverts in order to reach a wider readership and response.

We in Kenya can also scan the newspaper adverts and post on Jukwaa to enable our readers get a chance to apply.

Take home message:

• Disband KACC
  
• absorb the elite officers into a wing of the police force and
  
• strengthen the toothless and quiet office of the Ombudsman.
  
• Conduct serious education outreach programmes in schools, churches and public barazas. In fact civil society groups like Mwalimu Mati's Mars should be encouraged to follow a 'citizen owned anti-graft sensitisation' campaign.
  

-Kaburwo-

[mzee]

I know that it’s tempting to propose so and so for the KACC job. But experience has also shown that having competence to run a given organization etc does not necessarily mean that the one will also run another organization as well. Ringera as we all know was a good high court judge but the moment he stepped in KACC he became plain incompetent. Kibaki was a good finance minster but is a useless president who has killed all manner of progress in the country. Michuki was a good transport minister but useless in the internal security docket.

The most important thing is for a person of integrity to step forward. A person who feels for the job and who wants to make a difference. People who are “convinced” to take up positions “against their will” can never be good because their heart might be elsewhere.

Working as director of KACC needs a special calling because it’s not easy. One will be forced to step on the toes of many people in the course of duty. Only a person who feels “called” can actually accomplish the job. It needs a Giovanne Falcone, type of person. Giovanni Falcone was an Italian judge who specialized in prosecuting the maffia. He did it to perfection without fear or favour and ended up paying with his life.


G Falcone
We cannot underestimate the Kenyan mafia. These are a ruthless bunch of folk who will stop at nothing. They will bribe, cajole, and intimidate, blackmail, use tribalism to get their way.
Let’s not only look for people who cannot be bribed. It’s important to get people who are willing to pay the highest possible price if necessary. If one does not see the job as a vocation then he/she must refrain from seeking it. If one sees it in terms of salaries and benefits then he must refrain.

As some of you have already mentioned, let’s take Ringera`s proposed changes seriously. KACC must be armed with the right tools to fight corruption.

[phil]

Kamale: Every other Kenyan knows Kamlesh was given amnesty in exchange for the Grand Regency, which was then promptly given to the Libyan as a PNU election funding bribe. This is why the commission of enquiry report was never released to the public and this is why Amos Kimunya is still our trade minister.

Check this link: www.kacc.go.ke/PRINT.ASP?PAGEID=97

Its the high court Registration of Settlement between Pattni and CBK. Take note of clause 4 and 5 of the agreement (reprinted below).

4. The Plaintiff hereby discontinues the entire Civil Suit No. 1111 of 2003 and all pending applications therein.

5. The Central Bank of Kenya hereby abandons all its other claims against the defendants.

My little understanding of English tells me that this means CBK will no longer persue Pattni on any of those fake claims that they themselves paid to his company amounting to billions of shillings. In other words : BLANKET AMNESTY.

Kaburwo: OK, Here's the advert. Any takers in Jukwaa?

Looks like your proposal to disband KACC is not coming anytime soon. That may have to be incorporated into the comprehensive reforms currently under consideration by the Committee of Experts. Institutional reforms in the judiciary and such other places may have to go the same way too.

What would be the risks of losing evidence so far collected in case KACC is disbanded?

The other thing I notice on this advert is that, unlike many other in the public service, it does not specifically rule out non-Kenyan citizens from applying. Is this a positive or negative development?

KENYA: KENYA ANTI-CORRUPTION COMMISSION (KACC): Director Friday, 02 October 2009 The Anti-Corruption and Economic Crimes Act, 2003 (Act No. 3 of 2003) Director The Kenya Anti-Corruption Advisory Board (the Board) wishes to fill the position of Director of the Kenya Anti-Corruption Commission The Board is established by the Anti-Corruption and Economic Crimes Act, 2003 (the Act). It comprises members nominated by various professional bodies and civil society, and is accountable only to Parliament in the performance of its duties. The Kenya Anti-Corruption Commission (the Commission) is also established under the Act as an independent public authority to combat corruption and economic crimes. The Commission is empowered to investigate corruption and economic crimes, advise on the elimination of corrupt practices, educate the public and enlist public support in pursuing its mandate, and recover, or seek compensation for public properly lost or damaged as a result of corruption or economic crimes. The Board’s principal function is to advise the Commission on the exercise of its powers. It also has the sole authority to recommend to the National Assembly for approval and subsequent appointment by the President of persons to serve as Director . The Board therefore wishes to recruit a Director to serve in the Commission. Director (1 Post) Responsibilities The Director shall be the Chief Executive Officer of the Commission, responsible for its overall direction and management and for the organization and conduct of its day-to-day business. In particular, the Director shall formulate policies and develop structures, systems, procedures and programmes for the Commission to ensure the effective enforcement of the Act. In performing these functions, the Director shall work in close liaison with the Board, for whom the Director shall also serve as Secretary. The Candidate The successful candidate shall possess the following qualifications and qualities: Be a graduate from a recognized university, and possess another relevant post-graduate degree in any of the following fields- law, public administration, accounting, financial matters, or the investigation of fraud and corruption. Have served for at least fifteen (15) years in public service or in a senior management position in the private sector with relevant experience in any of the fields mentioned above. Possess an excellent understanding of the Commission’s legal mandate and Kenya’s legal system and processes. Be a person of outstanding honesty and integrity, with a distinguished service record either in public or private sector. Be a person of courage and independent-minded to be able to drive the anti-corruption agenda Be a strategic thinker, results-oriented, possessing a high degree of initiative, dynamism, and managerial acumen, and capable of developing clear organizational goals and strategies that are consistent with the Commission’s mandate. Have effective interpersonal and communication skills that can inspire and motivate the work force of the Commission and contribute to effective external representation of the Commission to stakeholders. Procedure for Appointments The successful candidate for the position of Director will be recommended to the National Assembly for approval and subsequent appointment by the President for a term of five years. Remuneration packages will be negotiated depending on qualification and experience, but will be sufficiently attractive for persons looking for such challenging assignments. N.B. It is a legal requirement for those taking up these appointments to: (a) Declare their assets and liabilities as prescribed by the Public Officer Ethics Act, 2003. (b) Relinquish all other employment, businesses or offices immediately on appointment Those interested in the above appointments and willing to submit to the prescribed legal requirements, should write in strict confidence, including their detailed CVs, daytime telephone contact, current remuneration, career progression and two referees to: The Chairman Kenya Anti-Corruption Advisory Board Integrity Centre P. O. Box 10459-00100 Nairobi so as to reach him not later than 22 October, 2009. Please indicate the job you are applying for in BLOCK LETTERS on the envelope CANVASSING FOR ANY OF THE POSITIONS WILL RESULT IN AUTOMATIC DISQUALIFICATION. Kindly note that only successful candidates will be contacted.

[kamalet]

Oct 2, 2009 14:13:33 GMT 3 phil said:

Kamale: Every other Kenyan knows Kamlesh was given amnesty in exchange for the Grand Regency, which was then promptly given to the Libyan as a PNU election funding bribe. This is why the commission of enquiry report was never released to the public and this is why Amos Kimunya is still our trade minister.

Check this link: www.kacc.go.ke/PRINT.ASP?PAGEID=97

Its the high court Registration of Settlement between Pattni and CBK. Take note of clause 4 and 5 of the agreement (reprinted below).

4. The Plaintiff hereby discontinues the entire Civil Suit No. 1111 of 2003 and all pending applications therein.

5. The Central Bank of Kenya hereby abandons all its other claims against the defendants.

My little understanding of English tells me that this means CBK will no longer persue Pattni on any of those fake claims that they themselves paid to his company amounting to billions of shillings. In other words : BLANKET AMNESTY.

Phil

Your reading with regard to HCCC 1111 and all its attendant applications was to be discontinued by consent is right. But this is only with regard to the suit CBK had filed to re-claim Grand Regency and and all applications made on account of that one suit and had nothing to do with other claims the government or even CBK may have had regarding theft that was not secured by the hotel.

The amnesty was certainly not a blanket one!

Kamale

[Onyango Oloo]

Here is what folks on the Kenyans for Peace, Truth and Justice list are saying on the same subject:

Re: [Kptj-communications] Kiai to replace Ringera?

Kang'ethe Mungai

I can hardly think of a better choice. This nation needs a person as hard to push around as Maina in that position. It needs a person of proven integrity and as intrepid as him. The problem is whether he will accept to apply. Then the second hurdle will be whether parliament or Kibaki will pick him out of the names forwarded in accordance with the selection rules. But if per chance it comes to pass, you can bet he will require a security detail close to Obama's as tight.

Bunge La Mwanainchi

Following the recommendations that were highlighted by the former illegal occupant of K.A.C.C,Civil Society Leaders should push for the next person whom will hold the Chairmanship of K.A.C.C.will be a person whom people have seen in action during the hardest time in the History of this country his ability to venture in places where our leaders dared not to step will make Maina Kiai an Ideal person for the position.Lead between the lines that the people whom were advocating for the removal of ringera were MPs-Ministers and since ringera has highlighted this maybe its hightime we give them a dose of their own by pushing Maina Kiai for this K.A.C.C-Chairmanship role.


Sophie Dola

Hi,

Yes, i totally agree with you all in this matter. If Kenyans were to chose the KACC CEO through the vote, then mine would definitely go to none other than Maina Kiai. He is a man of integrity, morale courage and character that goes hand in hand .That is what was missing at the KACC with Ringera as the CEO. A man of real character is consistenlty courageous , being imbued with a basic integrity and a firm sence of principal.

We know that ethics must begin at the top of an institution. It is a leadership issue and the heads must set an example. We saw what Kiai did as the head of KNCHR.... and that earned him my respect and admiration all the time.Kangethe is right, will Kiai agree to apply?my take......., GO FOR IT CHIEF

SD


Onyango Oloo

Comrades, Compatriots, Colleagues and Friends:

Let me strike a slightly discordant note.

While Ndugu Kiai's professional and human rights record speaks for itself, I think we are going about this discussion the wrong way.

Can we put more energy in institution building, strengthening values and principles rather than ululating about personalities?

Onyango Oloo


Mugure Gituto

Oloo,

You Have spoken like three wise men.

While Ringera's exit is welcome it does not conclusively address the corruption woes that bedevil this country. KACC as presently constituted does not comprehensively deal with monster of corruption. It would be hypocritical to assume that the problems of corruption begin and end with personalities. They, to a very large extend are perpetuated by our institutions as currently constituted. Our institutions are weak and have permitted social evils in various mutations.

The debate on reforming institutions must continue. We by now must have discovered that Panadol only relieves the pain but it does not cure the disease. Let us demonstrate patriotism and reform Kenya for ourselves, the heritage of this country and for generations ahead.


Mugure





Kamanda Mucheke

Good People,


I think this thread is useful as it feeds into the continuing debate on what needs to be done to bring the change that we all desire in our society. My quick take is that the ideas floated so far should not be taken as discordant but rather as complementing and reinforcing each other.


While on one hand the we all agree that the ultimate solution lies in fixing our systems, values and Institutions, we also must appreciate that this fixing requires men and women with the character,will, capability and the moral wherewithal to lead the transformation.


We all by now know better that we cannot achieve reforms without reformers and we have countless examples since 2003 to illustrate this, the Postmaster General is an exemplar in this regard. But we have also witnessed several instances where some packages of reform have been realized through the leadership and resolve of individuals who have refused to follow the ‘business as usual ’mode of transacting official business. We all remember the opening of the prison doors by Moody, Githongo, Maina and a few others.


The KNCHR faces almost similar challenges as the KACC: we have no prosecutorial powers (and we are not asking for any), We have been denied access to police stations and vital information in blatant violation of our enabling statute, our statutory Tribunal has been stayed by the High Court, our funding by government continues to diminish each year, some of us have been threatened…….etc


These notwithstanding, my little experience at the KNCHR has taught me that it is still possible to change the way of doing things, confront power elite machinations and realize some gains with progressive people at the helm who place the interests and the future of the country first and not beholden to the selfish interests of the powers that be.


My one cent!



Kawive

Both views, that we work on reforming the systems and that we propose Kiai to take up the KACC job, are very good.

My take is that with bad laws, progressive people make impact in society, and with good laws, inept and non reform oriented people make a joke of all of us.

Let us therefore balance the two, see how we can advocate for the change of the KACC law, how to strengthen and re-orientate the institution (knowing that it was hurriedly put in place to stem pressure from foreign governments ... whereas it was overdue here!)

Secondly let us pursuade people of integrity, like we have started with Kiai, to be willing and bold enough to take the responsibility of making Kenya a better country.

regards,

Kawive.


Gacheke Gachihi

Dear All.

A good debate, yes Maina kiai has good record since the days of KHRC as director , He invented the human rights Activism of Dumping coffins,of torture victims in Vigilance house ..and Washington protest against Moi Dictatorships.

Under kibaki regime he refused to be card carrying member of Mt kenya like his friend Kiraitu.

Ok....But Anti-corruption commission in Africa has history that we cant ...obscure...we need to build strong movements that can link the struggle of corruption with progressive elements in progressive governments...Which for this I have private positive criticisms, for Maina kiai.

I think failure of John Githongo was to forget the struggle of corruption was peoples struggle linked to right food ,healthcare , education for all...and build it around the peoples movements ... who had started it with coming of Narc Regime in 2003 ..This was not new to Githongo as sometimes in 1998 I saw a documentary, that he featured with Hon. James Orengo and many others named Big man something in kenya ...About corruption in sugar industry...a good documentary that I would recommend we see it again ..Where a journalist that did the documentary..with courage question moi , saitoti ...Kamlesh , Githunguri ......Am just trying to photo copy my memory ....because"The people who forget their struggle and their history are a people who have no awareness of their destiny," Evo Morales. ...Bolvia Peoples president...2009.

Gacheke.



Abdul Mirimo

Good debate. But have we considered the trend? First Director Harun Mwau, second Director Aaron Ringera. Could the third Director be Harun Ndubi? Or should we learn from the KNCHR and pass the baton at Integrity Centre to a female?



Migai Akech

Dear All,

While I have no doubt that the individuals you are proposing for appointment as directors of KACC may be qualified for the job, and while you have every right to propose those individuals, there is a sense in which what you are doing is not any different than what the politicians do - as you all know, they have perfected the politics of "xyz" tosha. More importantly, if we are to have a KACC that serves the public interest then we must closely interrogate the process through which directors are appointed. For my part, I am greatly troubled by an appointment process that privileges certain interest groups. In my view, instead of rushing to replace the KACC directors who have resigned, the citizenry needs to review the Anti-Corruption and Economic Crimes Act. And while doing so, we should interrogate why only certain groups have been given the privilege of sitting on the Advisory Board, and question the interests they represent. Can we truly claim that the Advisory Board represents the public interest? Doesn't the composition of the Board lend itself to the undesirable culture of "xyz" tosha, which we all agree is bad for our nascent democracy?

Migai Akech



Philo Ikonya

Migai,



You chose XYZ subtly...and that is why i reply...and of course 'tosha'.

Many thanks for your response. I agree that this process must be and needs to be interrogated fully. Besides that, those of us who have not need to read the Acts involved. We do need to see and agree to the fact that jobs are jobs and persons selected for them should follow a procedure that is open and transparent. Mainly too, that it is the individual person needs to express interest in public office and apply. We as the public come in much later.

Sometimes holding up the mirror with which we want others to be accountable and seen transparently to ourselves can make us laugh.. like in XYZ...The disaffection in this country among different groups needs to be taken into account many times and steered to 'affection' of sorts by trying to make justice be seen to be done....

Thanks for la franqueza!

philo



Abdul Mirimo

Philo na wenzangu wengine wote. Mumeamkaje?
The XYZ tosha phenomenon in this matter of the directorship of CACC is to me the culmination and manifestation of 'Head-hunting' Exactly the same thing President Kibaki did when he re-appointed Ringera and his two deputies. While the law gave him the right to re-appoint, it gave the right to head-hunt the ones he could re-appoint only to the Advisory Board and Parliament. Under the same law, what is our right? can we head-hunt? .....or possibly appoint? Kama Migai anavyosema, tutulize boli, uwanja mdogo

Kuweni na siku njema yenye maono marefu


Abdulrahman



George Nyongesa

Migae,

Thank you for your courage to say what "some of us silent" wanted to say from on set of this Ringera replacement conversation but feared victimization that characterizes our debates. Nothing against the name(s) in the dialogue but I share in Akech's point of view stringed below.


George Nyongesa

[kaburwo]

Oct 2, 2009 16:01:46 GMT 3 Onyango Oloo said:

Here is what folks on the Kenyans for Peace, Truth and Justice list are saying on the same subject:

Re: [Kptj-communications] Kiai to replace Ringera?

Kang'ethe Mungai

I can hardly think of a better choice. This nation needs a person as hard to push around as Maina in that position. It needs a person of proven integrity and as intrepid as him. The problem is whether he will accept to apply. Then the second hurdle will be whether parliament or Kibaki will pick him out of the names forwarded in accordance with the selection rules. But if per chance it comes to pass, you can bet he will require a security detail close to Obama's as tight.

Bunge La Mwanainchi

Following the recommendations that were highlighted by the former illegal occupant of K.A.C.C,Civil Society Leaders should push for the next person whom will hold the Chairmanship of K.A.C.C.will be a person whom people have seen in action during the hardest time in the History of this country his ability to venture in places where our leaders dared not to step will make Maina Kiai an Ideal person for the position.Lead between the lines that the people whom were advocating for the removal of ringera were MPs-Ministers and since ringera has highlighted this maybe its hightime we give them a dose of their own by pushing Maina Kiai for this K.A.C.C-Chairmanship role.


Sophie Dola

Hi,

Yes, i totally agree with you all in this matter. If Kenyans were to chose the KACC CEO through the vote, then mine would definitely go to none other than Maina Kiai. He is a man of integrity, morale courage and character that goes hand in hand .That is what was missing at the KACC with Ringera as the CEO. A man of real character is consistenlty courageous , being imbued with a basic integrity and a firm sence of principal.

We know that ethics must begin at the top of an institution. It is a leadership issue and the heads must set an example. We saw what Kiai did as the head of KNCHR.... and that earned him my respect and admiration all the time.Kangethe is right, will Kiai agree to apply?my take......., GO FOR IT CHIEF

SD


Onyango Oloo

Comrades, Compatriots, Colleagues and Friends:

Let me strike a slightly discordant note.

While Ndugu Kiai's professional and human rights record speaks for itself, I think we are going about this discussion the wrong way.

Can we put more energy in institution building, strengthening values and principles rather than ululating about personalities?

Onyango Oloo


Mugure Gituto

Oloo,

You Have spoken like three wise men.

While Ringera's exit is welcome it does not conclusively address the corruption woes that bedevil this country. KACC as presently constituted does not comprehensively deal with monster of corruption. It would be hypocritical to assume that the problems of corruption begin and end with personalities. They, to a very large extend are perpetuated by our institutions as currently constituted. Our institutions are weak and have permitted social evils in various mutations.

The debate on reforming institutions must continue. We by now must have discovered that Panadol only relieves the pain but it does not cure the disease. Let us demonstrate patriotism and reform Kenya for ourselves, the heritage of this country and for generations ahead.


Mugure





Kamanda Mucheke

Good People,


I think this thread is useful as it feeds into the continuing debate on what needs to be done to bring the change that we all desire in our society. My quick take is that the ideas floated so far should not be taken as discordant but rather as complementing and reinforcing each other.


While on one hand the we all agree that the ultimate solution lies in fixing our systems, values and Institutions, we also must appreciate that this fixing requires men and women with the character,will, capability and the moral wherewithal to lead the transformation.


We all by now know better that we cannot achieve reforms without reformers and we have countless examples since 2003 to illustrate this, the Postmaster General is an exemplar in this regard. But we have also witnessed several instances where some packages of reform have been realized through the leadership and resolve of individuals who have refused to follow the ‘business as usual ’mode of transacting official business. We all remember the opening of the prison doors by Moody, Githongo, Maina and a few others.


The KNCHR faces almost similar challenges as the KACC: we have no prosecutorial powers (and we are not asking for any), We have been denied access to police stations and vital information in blatant violation of our enabling statute, our statutory Tribunal has been stayed by the High Court, our funding by government continues to diminish each year, some of us have been threatened…….etc


These notwithstanding, my little experience at the KNCHR has taught me that it is still possible to change the way of doing things, confront power elite machinations and realize some gains with progressive people at the helm who place the interests and the future of the country first and not beholden to the selfish interests of the powers that be.


My one cent!



Kawive

Both views, that we work on reforming the systems and that we propose Kiai to take up the KACC job, are very good.

My take is that with bad laws, progressive people make impact in society, and with good laws, inept and non reform oriented people make a joke of all of us.

Let us therefore balance the two, see how we can advocate for the change of the KACC law, how to strengthen and re-orientate the institution (knowing that it was hurriedly put in place to stem pressure from foreign governments ... whereas it was overdue here!)

Secondly let us pursuade people of integrity, like we have started with Kiai, to be willing and bold enough to take the responsibility of making Kenya a better country.

regards,

Kawive.


Gacheke Gachihi

Dear All.

A good debate, yes Maina kiai has good record since the days of KHRC as director , He invented the human rights Activism of Dumping coffins,of torture victims in Vigilance house ..and Washington protest against Moi Dictatorships.

Under kibaki regime he refused to be card carrying member of Mt kenya like his friend Kiraitu.

Ok....But Anti-corruption commission in Africa has history that we cant ...obscure...we need to build strong movements that can link the struggle of corruption with progressive elements in progressive governments...Which for this I have private positive criticisms, for Maina kiai.

I think failure of John Githongo was to forget the struggle of corruption was peoples struggle linked to right food ,healthcare , education for all...and build it around the peoples movements ... who had started it with coming of Narc Regime in 2003 ..This was not new to Githongo as sometimes in 1998 I saw a documentary, that he featured with Hon. James Orengo and many others named Big man something in kenya ...About corruption in sugar industry...a good documentary that I would recommend we see it again ..Where a journalist that did the documentary..with courage question moi , saitoti ...Kamlesh , Githunguri ......Am just trying to photo copy my memory ....because"The people who forget their struggle and their history are a people who have no awareness of their destiny," Evo Morales. ...Bolvia Peoples president...2009.

Gacheke.



Abdul Mirimo

Good debate. But have we considered the trend? First Director Harun Mwau, second Director Aaron Ringera. Could the third Director be Harun Ndubi? Or should we learn from the KNCHR and pass the baton at Integrity Centre to a female?



Migai Akech

Dear All,

While I have no doubt that the individuals you are proposing for appointment as directors of KACC may be qualified for the job, and while you have every right to propose those individuals, there is a sense in which what you are doing is not any different than what the politicians do - as you all know, they have perfected the politics of "xyz" tosha. More importantly, if we are to have a KACC that serves the public interest then we must closely interrogate the process through which directors are appointed. For my part, I am greatly troubled by an appointment process that privileges certain interest groups. In my view, instead of rushing to replace the KACC directors who have resigned, the citizenry needs to review the Anti-Corruption and Economic Crimes Act. And while doing so, we should interrogate why only certain groups have been given the privilege of sitting on the Advisory Board, and question the interests they represent. Can we truly claim that the Advisory Board represents the public interest? Doesn't the composition of the Board lend itself to the undesirable culture of "xyz" tosha, which we all agree is bad for our nascent democracy?

Migai Akech



Philo Ikonya

Migai,



You chose XYZ subtly...and that is why i reply...and of course 'tosha'.

Many thanks for your response. I agree that this process must be and needs to be interrogated fully. Besides that, those of us who have not need to read the Acts involved. We do need to see and agree to the fact that jobs are jobs and persons selected for them should follow a procedure that is open and transparent. Mainly too, that it is the individual person needs to express interest in public office and apply. We as the public come in much later.

Sometimes holding up the mirror with which we want others to be accountable and seen transparently to ourselves can make us laugh.. like in XYZ...The disaffection in this country among different groups needs to be taken into account many times and steered to 'affection' of sorts by trying to make justice be seen to be done....

Thanks for la franqueza!

philo



Abdul Mirimo

Philo na wenzangu wengine wote. Mumeamkaje?
The XYZ tosha phenomenon in this matter of the directorship of CACC is to me the culmination and manifestation of 'Head-hunting' Exactly the same thing President Kibaki did when he re-appointed Ringera and his two deputies. While the law gave him the right to re-appoint, it gave the right to head-hunt the ones he could re-appoint only to the Advisory Board and Parliament. Under the same law, what is our right? can we head-hunt? .....or possibly appoint? Kama Migai anavyosema, tutulize boli, uwanja mdogo

Kuweni na siku njema yenye maono marefu


Abdulrahman



George Nyongesa

Migae,

Thank you for your courage to say what "some of us silent" wanted to say from on set of this Ringera replacement conversation but feared victimization that characterizes our debates. Nothing against the name(s) in the dialogue but I share in Akech's point of view stringed below.


George Nyongesa

Oloo,
Good ideas from Kenyans. Ideally, the take home message is simple: building of institutions remains the greatest challenge to Kenya today. In addition, great institutions are built by great men and women through great sacrifices.

Hope: Kenyans are ready to stand with anybody who is willing to stand up to the thieves, no matter how mighty they may be.

-Kaburwo-

[phil]

Oct 2, 2009 15:54:18 GMT 3 kamalet said:

Oct 2, 2009 14:13:33 GMT 3 phil said:

Kamale: Every other Kenyan knows Kamlesh was given amnesty in exchange for the Grand Regency, which was then promptly given to the Libyan as a PNU election funding bribe. This is why the commission of enquiry report was never released to the public and this is why Amos Kimunya is still our trade minister.

Check this link: www.kacc.go.ke/PRINT.ASP?PAGEID=97

Its the high court Registration of Settlement between Pattni and CBK. Take note of clause 4 and 5 of the agreement (reprinted below).

4. The Plaintiff hereby discontinues the entire Civil Suit No. 1111 of 2003 and all pending applications therein.

5. The Central Bank of Kenya hereby abandons all its other claims against the defendants.

My little understanding of English tells me that this means CBK will no longer persue Pattni on any of those fake claims that they themselves paid to his company amounting to billions of shillings. In other words : BLANKET AMNESTY.

Phil

Your reading with regard to HCCC 1111 and all its attendant applications was to be discontinued by consent is right. But this is only with regard to the suit CBK had filed to re-claim Grand Regency and and all applications made on account of that one suit and had nothing to do with other claims the government or even CBK may have had regarding theft that was not secured by the hotel.

The amnesty was certainly not a blanket one!

Kamale

What exactly are you saying Kamale? That yes there was an amnesty given to Goldenberg architect and it was only a part amnesty? This is just laughable because there is no such thing as part amnesty. It is either there or not. So which is which?

Wake me up when Pattni is returned to court for any Goldenberg related charges. Please do.

[Mukwhasi]

Mps will never endorse someone who is serious and zealous about fighting graft any more than Kibs , the thing is they can not endorse someone who will come for their own skin. The ringera fiasco was just mps throwing a tantrum because their collective ego was bruised ,they have no intention to fight corruption not now and certainly not ever.

[kamalet]

Oct 2, 2009 17:36:12 GMT 3 phil said:

What exactly are you saying Kamale? That yes there was an amnesty given to Goldenberg architect and it was only a part amnesty? This is just laughable because there is no such thing as part amnesty. It is either there or not. So which is which?

Wake me up when Pattni is returned to court for any Goldenberg related charges. Please do.

Phil,

Let me see if I can help you out.

When Central Bank took over the Grand Regency Hotel, Kamlesh Pattni went to court to challenge the take over. KACC also went to court to seek recovery of the "public asset" and this was done via various suits and applications by both parties. When Pattni agreed to release the hotel, CBK realised its security unencumbered and in exchange it was agreed that all suits filed against Pattni with respect to the Hotel be discontinued.

Please note that there are CRIMINAL cases against Pattni files by the AG and these were not affected by the 'amnesty' you now talk about....or do you have evidence that the criminal cases have been withdrawn?

[kaburwo]

Oct 2, 2009 11:10:25 GMT 3 kaburwo said:

Kenyans let us follow the hard route. Disband KACC, reform and cleanse the police force and strengthen the office of the Ombudsman.

KACC is duplicating the policing effort of Ulinzi House. Policing must cut across all sectors of malfeasance: from petty theft involving egg thieves to heavy pilferers and heisters like Goldenberg, Anglo-Leasing, Triton, and other mega scandals. I wish to ask ourselves for examples of successful economies with a parallel anti-corruption outfit working outside the police command. May be we can draw lessons therefrom. With the police, ineffectual AG and the KACC shifting blame while drawing hefty salaries, we end up no where.

Agreed, Ringera raucous exit has underscored the power of the citizen to exert pressure. We saw how some MPs backed off from propping Ringera after the citizen uproar and call-ins on the ever-powerful FM stations. That sent out a message: Kenyans and not the president ARE the BOSSES. Yes. Let us seize this opportunity to equip citizens with skills in community policing, expeditious legal procedures and a police force that is both citizen-friendly and tough. This mix will allow the citizens to own the anti-graft war. Allow the passengers who arrest a bribe-taking cop, the office visitor who pays a bribe to speed up a file or make it re-appear and the politicians who take patronage money from crooked businessmen pay heavily.

Let us teach the citizen to stigmatise the corrupt, irrespective of how much the corrupt steal. There should never be a thing like a mega scandal creates a superstar while a petty thief ignites scorn. A thief is a thief, period.

Meanwhile, there are so many silent Kenyans with good anti-graft records who have never been featured in the press. Forget paper tigers like Githongo, Kiai and the rest. This advert should even be placed on the free internet job adverts in order to reach a wider readership and response.

We in Kenya can also scan the newspaper adverts and post on Jukwaa to enable our readers get a chance to apply.

Take home message:

• Disband KACC
  
• absorb the elite officers into a wing of the police force and
  
• strengthen the toothless and quiet office of the Ombudsman.
  
• Conduct serious education outreach programmes in schools, churches and public barazas. In fact civil society groups like Mwalimu Mati's Mars should be encouraged to follow a 'citizen owned anti-graft sensitisation' campaign.
  

-Kaburwo-

Finally, disgraced former blue-eyed boy Mungatana is about to make my wish come true.

New bill to dissolve KACC Bill to make AG’s office one-stop shop for cases on corruption

www.nation.co.ke/News/politics/-/1064/672770/-/xtqeqez/-/index.html

-Kaburwo-

[mzee]

Kuburwo,
All I know is that Ringera/Wako/Kibaki axis has been bad for the fight against corruption. If KACC is put under the AG as a department, what will prevent the AG from still blocking cases by delaying or even terminating them? What if the president dictates the AG to terminate or “ngo sro” on a given case, would the AG defy his appointing authority? How about if the director of KACC is intent on protecting individuals as happened with Anglo-leasing case? What would the people do?

I think that while tweaking the organizational structure is a good idea, the most important thing is to have people of integrity in the named positions. We all know that Kibaki is completely unwilling to fight corruption. Ringeras (thanks God he is gone) sole duty was to protect corruption while the AG does whatever he is ordered to by MKM.

While Mungatanas bill is ok, if put in place today with the same AG and president in place nothing would change believe me. I strongly believe that if Kibaki, Wako and Ringera were serious chaps as far as corruption is concerned, we would not be having this debate today. The problem is not in the organizational structure but the above three and should I add the judiciary.

[kaburwo]

Mzee,
Agreed that the occupants of the offices, rather than those institutions, provide the biggest impediments to any meaningful fight against graft. As the interview goes, Mungatana was asked why not reform the AG's chambers first. Let us, notwithstanding the ineptitude of the smiling and sly AG, look at the 'tweaking' as you call it. Somehow, parliament has to follow suit and 'name' Wako for non-performance. It is time for him to close shop and quit. Will our MPs send him home? I call citizen power to action, may be that will help. Alluta continua.

-Kaburwo-

[tiskie]

There are many remarkable kenyans out there who are qualified to take Ringera's job that many kenyans haven't had the pleasure of knowing or meeting... I'm sure many of us can name asome......
why recycle the past obvious applicant's? like Kiai or Githongo? yes Kiai did a good job while at his last post, so did githongo but my question still remains why recycle from post to post... are we trying to indicate that only a few Kenyans are qualified for such posts? or we can't give other qualified kenyans a chance because they are not well known? seems like jobs inheritance to me for only a few well known kenyans..... recycling them from post to post... Muthuria has mastered this trend.. we must move away from it as open minded kenyans...who believe in giving everyone a chance!!

We must start looking at how we address employment ... what is the difference of kenyans lobbying for Maina Kiai or githongo and Kibaki appointing his own while on the other hand denying other unknown qualified Kenyans a chance at this crucial position in our land??
Lets us give a chance to other kenyans to apply for this Job - Jukwaa is a good platform to post some on this unknown qualified Kenyans.. for others to read and check them out!

give every Kenyan who believes to have the right qualifications a chance to apply instead of lobbying for people like Maina kiai and Githongo!!! enuff said .....

"A luta continua, vitória é certa"

[kaburwo]

Oct 1, 2009 18:13:08 GMT 3 kaburwo said:

Jukwaa,
Quite naturally the departure of the non-performing Ringera brings the question: what next. We might as well be asking ourselves what kind of a person will deliver on anti-corruption in Kenya with a stone-walling government and fight-backs from corrupt powermen.

I dare say Kenyans should encourage men and women of good standing to offer themselves to be interrogated by the public. If Ringera's departure should teach anybody a lesson, it is that Kenyans are the bosses and not some god-father. None of those government appointees will be able to lord over the citizen and get away with it. We must never allow anybody to be beholden to a figurehead. It is Kenyans or home you go. Muhoho and Co. should be reading the clear writing on their walls, not staring at Kibaki's portrait.

So who comes to mind. Koki Muli, Lumumba and any other Kenyan with no strings attached. Come on Jukwaa, let us say what is required and who is required.

-Kaburwo-

Yours truly was spot on then, about two months ago. Finally it came to Lumumba!

-Kaburwo-

[nereah]

Nov 26, 2009 12:08:35 GMT 3 kaburwo said:

Oct 1, 2009 18:13:08 GMT 3 kaburwo said:

Jukwaa,
Quite naturally the departure of the non-performing Ringera brings the question: what next. We might as well be asking ourselves what kind of a person will deliver on anti-corruption in Kenya with a stone-walling government and fight-backs from corrupt powermen.

I dare say Kenyans should encourage men and women of good standing to offer themselves to be interrogated by the public. If Ringera's departure should teach anybody a lesson, it is that Kenyans are the bosses and not some god-father. None of those government appointees will be able to lord over the citizen and get away with it. We must never allow anybody to be beholden to a figurehead. It is Kenyans or home you go. Muhoho and Co. should be reading the clear writing on their walls, not staring at Kibaki's portrait.

So who comes to mind. Koki Muli, Lumumba and any other Kenyan with no strings attached. Come on Jukwaa, let us say what is required and who is required.

-Kaburwo-

Yours truly was spot on then, about two months ago. Finally it came to Lumumba!

-Kaburwo-

kaburwo. my respect .

this is yet another proof that jukwaa is well above the rest when it comes to debating and analyzing kenya.no wonder even diplomats and media executives stops by.

pongezi