Head of Public Service Felix Koskei has failed to give directions even as the Director of Public Prosecutions (DPP) directed Ethics and Anti-Corruption Commission (EACC) to arraign Agriculture and Food Authority (AFA) Director General Dr Bruno Linyiru and 7 others on Tuesday, September 24, 2024.
All the other accused former officials of the Geothermal Development Company (GDC) except Dr Linyiru, Silas Simiyu and Praxidis Saisi were no-show at the Chief Magistrates Court on Tuesday. Of all the 8, only Linyiru is still in public service.
Sources indicate that Dr Linyiru who had skipped the Monday Parliamentary Investments Committee (PIC) summons on account of reportedly being “admitted” at an unknown city hospital, equally skipped the Tuesday EACC summons.
Charges in Court
The charges that were registered in Court have to be substituted on October 16, 2024 before Dr Linyiru and other suspects can take plea. They were reportedly faulty and needed to be amended
The CMCC No. 20 of 2015 has taken long after Linyiru and others objected taking plea in 2019. The matter has been taken through all Courts. Its the Supreme Court which directed, in January 2023, that the matter proceeds.
Incidentally, when the AFA board had requested for clearance of Dr Linyiru to take up the assignment as Director General, EACC was emphatic in declining to clear him for the job.
Given the unconventional push by then Agriculture CS Mithika Linturi, himself having been convicted by the National Assembly over fake fertilizer scam, the EACC binding advisory was ignored. This is a subject of the ELRC No. 126 of 2024.
The fact that graft charges are formally before Court, and in line with previous precedents, Dr Linyiru would be ill-advised to return to office after he ‘recovers’ (from an unknown illness and at an undisclosed hospital). Worse, he cannot and should not sign any formal letters and or agreements committing AFA until his case is heard and determined.
Attorney General
Article 156(6) on upholding the rule of law and public interest, requires the Attorney General Ms Dorcas Oduor to ensure that the same is done.
Besides the AG, Head of Public Service (HOPS) Felix Koskei remains a man of interest on the AFA matter. Why?
Koskei has severally been on record, ordering suspension of officers either under investigation by the Ethics and Anti-Corruption Commission (EACC) and or already charged for corruption. A few cases will suffice;
On November 16, 2023 he ordered the suspension of 6 CEOs of parastatals for alleged involvement in corruption and procurement irregularities within their respective institutions. He additionally directed the suspension of 67 police officers and an accountant at the Kenya Rural Roads Authority (KERRA).
On November 22, 2023 Mr Koskei directed the Athi Water Works Development Agency Board to suspend its CEO Michael Thuita pending graft investigations by the Ethics and Anti-Corruption Commission (EACC).
In the statement then, HOPS cited the irregularities in the award of tenders for the construction of Ruiru II, Karimenu and Kitui Matuu water projects as reason for Mr Thuita’s suspension. He averred that any delay by the board to take action against the CEO was undermining the government’s war against corruption.
ALSO READ: Graft: DPP orders the EACC to arraign 8 former officials of GDC on Tuesday, September 24
Mr Koskei further asked the Central Rift Valley Water Works Development Agency Board to suspend its CEO Samuel Oruma over similar accusations involving the implementation of the Water Supply and Sanitation System for Bomet, Longisa and Mulot towns projects within the jurisdiction of the agency.
The National Cereals and Produce Board CEO Joseph Kimote and 2 others over fake fertilizers. The said officers were sent home. There are more other cases in which he acted decisively.
Discrimination, Bias
It remains unclear why he is too slow, hesitant and or unwilling to act on the case of the AFA CEO who had been rejected by EACC and now having been charged, a second time, by EACC
It is indeed difficult for Mr Koskei to escape accusation of being biased and discriminative in acting on officers battling corruption allegations against them.
Incidentally, Mr Koskei penned an interesting article in the Sunday Nation titled “Fight Against Corruption is a Shared Responsibility”
In the must-read article, Mr Koskei makes insightful commitments. But that is the theory part. Perhaps the non-matching practical part is the reason why a top lawyer Ahmednasir Abdullahi dismissed the article on want of practicality.
It is the likes of continued stay in office for the likes of Dr Linyiru at AFA that leaves HOPS with an egg on his face even as he makes far-reaching commitments on “a corruption-free public service”
