Hidden hand seen in plot to block NYS probe report

A National Youth Service passing-out parade at NYS College in Gilgil on December 20, 2016. PHOTO | SULEIMAN MBATIAH | NATION MEDIA GROUP

What you need to know:

  • Ford Kenya MP and committee member Eseli Simiyu pointed out that the final lap had attracted immense interests.
  • Banks are said to be deeply involved in the scheme over the Sh1.6 billion scandal that has proved to be a nightmare for Jubilee.
  • Deputy President William Ruto’s aide Farouk Kibet and a law firm linked to his ally, Mr Murkomen, are among those that have been dragged into the saga.

The release of an explosive report on the National Youth Service (NYS) scandal is facing strong resistance as the National Assembly’s Public Accounts Committee races against time to complete it.

A series of failed committee meetings blamed on quorum hitches have now raised concern that powerful forces in the government and the financial sector could be working behind the scenes to frustrate the efforts to expose those behind what is considered the biggest scandal in recent years that involved the loss of at least Sh1.6 billion. MPs were, for example, supposed to meet last Tuesday but not enough members turned up. 

A second attempt to rally them on Thursday to finish the task flopped and Chairman Nicolas Gumbo is hoping to whip the MPs into attending a meeting on Tuesday as the clock fast ticks towards the end of the 11th Parliament.

Some members pointed out that these are just the latest occasions where sessions have been shelved under unclear circumstances as there were many postponements late last year.

The Nation has learnt that haggling over suspects to be cleared on the one hand and those to be indicted on the other is fomenting the impasse that threatens the very existence of the committee whose fate lies with the Speaker Justin Muturi over bribery allegations brought by Elgeyo Marakwet Senator Kipchumba Murkomen.

While he could not be drawn into discussing specifics, Ford Kenya MP and committee member Eseli Simiyu pointed out that the final lap had attracted immense interests.

“We are supposed to deal with culpability, who did what, apportioning blame, that’s why things are not moving. There could be an unseen hand which we are not aware of.”

He said that while the remaining work needed three or four days to clear, several impediments keep on cropping up.

“It is very unfortunate that we are yet to finalise that report. It is causing us a lot of anxiety. A number of us are concerned that we are not making progress like we should. We were supposed to meet on Thursday but it was cancelled under unclear circumstances,” he said, adding that they later learnt that the Treasury had not released some crucial documents.

Should the MPs refuse to play ball, the plot could be to frustrate the process until the House goes on indefinite recess on June 15 and dissolves on August 7, a day to the elections.

According to multiple sources in the committee, who spoke in confidence, while individuals in high places are understood to be responsible for the stalemate given their cronies or they themselves are liable, a strong hand of some financial institutions is equally implicated.

Banks are said to be deeply involved in the scheme over the Sh1.6 billion scandal that has proved to be a nightmare for Jubilee.

Deputy President William Ruto’s aide Farouk Kibet and a law firm linked to his ally, Mr Murkomen, are among those that have been dragged into the saga that had in the past threatened to tear the ruling coalition apart.

WAIGURU FORCED TO RESIGN

Devolution Cabinet Secretary Anne Waiguru was in 2015 forced to resign after sustained pressure on the evolving scandal. Investigations by the Ethics and Anti-Corruption Commission have also led to multiple court cases over abuse of office and dubious tenders.

In a letter to Speaker Justin Muturi on December 16 last year, Senator Murkomen sensationally accused some members of the powerful watchdog committee of receiving Sh40 million from a bank adversely implicated in the scandal to shield it from investigations.

If Mr Muturi chooses to refer the matter to the Powers and Privileges Committee, the process will drag for a few more weeks, if not months.

The Gumbo-led outfit risks suffering the same fate as its precursor under Budalang’i MP Ababu Namwamba. That team was disbanded following allegations that it had turned into a rent-seeking squad, extorting from suspects and implicating those who fail to cooperate.

Mr Gumbo, however, denies any attempts to arm-twist the committee into adopting a lenient report.

“A non-existent report can’t be doctored,” he said.
He added: “The report will hopefully be ready this month. I am more interested in an accurate and exhaustive report as opposed to a ‘pressure-cooker’ dish that’s neither hot nor cold,” the opposition lawmaker said.

WATER DOWN REPORT

On February 1, a section of the lawmakers met in Mombasa but could not agree on the proposed recommendations after claims they were being asked to water down the report in favour of influential people dominated the session. A planned meeting to build consensus did not take place the subsequent week.
A senior member of the committee told the Sunday Nation that NYS suspects who fear they may be faulted could be orchestrating quorum hitches to defeat the process. The banks are also said to be keen to influence a favourable report. Were the regulator to take disciplinary action against them on recommendations of the committee, it could severely affect their business. Some 28 banks handled the NYS monies.
This is a somewhat ironic turn of events as, ordinarily, MPs are known for their huge appetite for sitting allowances that make the bulk of their income and largely coming from committee sessions. 
Marakwet East MP Kangogo Bowen acknowledged that being a high-profile case, it is expected that some forces outside the committee would want to have a say on the output.
“A lot of interests are at stake; you know it is a high voltage investigation,” he said.

He regretted that the attention of most of his colleagues had shifted to campaigns. He pointed out that they are hardly in Nairobi.
“Chairman has sent us a message to convene on Tuesday, let’s see how it goes,” he said.

Being an election year, incumbent lawmakers have already retreated to the villages to fight for re-election.

These investigations have arguably presented PAC with one of its most daunting tasks in its brief history since a number of the companies implicated are either owned by MPs, their relatives or cronies, raising serious questions on conflict of interest.

MPS ARE BENEFICIARIES

And, with reports that some MPs are beneficiaries of the loot, there are allegations that they have been advised to “go slow” for fear that they could be exposed.
But House Majority Leader Aden Duale defended Jubilee against claims that it was slowing down the pace of investigations.

“Firstly, the President and his Deputy are not PAC members to interfere with deliberations. Secondly, can you ask this committee why it has taken them two years to bring this matter to a close? Jubilee leadership will only come in once the committee presents its report before the House.”

In his combative element, Mr Duale threw down the gauntlet at the PAC’s doorstep, accusing it of being complicit in the saga.

“PAC is deeply involved in the matter of NYS, otherwise why would they take this long? They are either using it for personal gain, political mileage or both. Let its chairman walk the moral high ground and table the report in the shortest time possible,” he said on Saturday.

The Garissa Township MP maintained that Jubilee had reined in corruption and that everyone who is found guilty in the ongoing investigations will not be spared.
Chief Whip Katoo ole Metito agreed with him, saying “I am not aware of pressure from any quarters to have PAC adopt a friendly report.”

Facing what already looks like a tough re-election campaign, President Uhuru Kenyatta’s Jubilee would not want to have a matter as unpalatable as this to hog the public limelight since the opposition has demonstrated the ability to capitalise on such to try and tilt the balance in its favour.

The 11th Parliament has since 2013 been accused of being an appendage of the Executive, passing laws as dictated by it and scuttling probes where government officials are involved.