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Parliament rejects Ringera's re-appointment
Posted on Thursday, September 17, 2009 @ 05:52:56 CDT by kwpnews

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NAIROBI, Kenya (KBC) - Parliament Wednesday adopted a report of the house committees on justice and legal affairs and delegated legislation on the re-appointment of Aaron Ringera as the director of the Kenya Anti Corruption Commission (KACC) and his two deputies.



In so doing parliament annulled the gazette notice that announced the re-appointment of Ringera by President Mwai Kibaki.

President Kibaki had intended to give Ringera a second five-year-term as head of KACC but MPs said the proposal was illegal as they had not approved it.

Earlier there was heated debate in parliament as some members of the cabinet notably lands minister James Orengo and assistant minister David Musila supported the report amidst accusation that they were trying run away from the principle of collective responsibility.

Ndaragwa MP Jeremiah Kioni rose on a point of order arguing that ministers were breaking the constitution by supporting the report.

However several members defended the ministers arguing that the constitution allowed for freedom of expression.

After the debate that extended late into the night the MPs adopted the report by 86 to 45 votes.

Those opposed to Ringera's re-appointment say he has done little to tackle rampant corruption in the country, allegations he refutes claiming he does not have enough powers to prosecute the suspects, occasioning a blame game between him and the office of the Attorney General under whose docket prosecution of cases lies.

The KACC head is Kenya's best paid civil servant, earning 2.5m shillings a month - more than the president.

Appropriations bill

But according to legal experts, Parliament cannot force the President to rescind his decision and the move only sends a strong signal of displeasure by MPs in the way the Executive acted.

The only way MPs could have forced Justice Ringera out would have been to cut funding to a KACC under him.

But Finance Minister Uhuru Kenyatta forestalled such a move when he withdrew the Appropriations Bill which was slated for debate before the Motion of adjournment was moved.

According to the law, the KACC advisory board is supposed to suggest who is to head the commission and also nominate two deputies.

The names are then sent to parliament for approval, which then hands it on for the president's approval.

Later parliament passed a motion that allowed legislators to go on recess until November 10.


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