NAIROBI; KENYA: It was sweet victory for the new Ethics and Anti-Corruption Commission (EACC) chairman Mumo Matemu when he was sworn-in after a long protracted legal battle to block him from assuming office.
New Ethics and Anti-Corruption Commission (EACC) chairman Mumo Matemu
Matemu took oath of office at 3pm yesterday, more than a year after he was nominated by then PresidentMwai Kibaki and cleared by Parliament to hold the office.
The swearing-in, which followed a ruling by the Court of Appeal, was conducted at Supreme Court by Chief Justice Willy Mutunga, in the presence of Attorney General Githu Muigai and other EACC officials.
Ironically, Matemu was sworn-in by the CJ even as some civil society groups still opposed to his appointment said they would take up the matter to Supreme Court, where Dr Mutunga sits as President. The AG, however, explained that the ceremony was an administrative function of the Chief Justice, different from his judicial role.
“If the case comes before the Chief Justice, he will sit as a judge and determine it fairly and in accordance with the law,” the AG said.
A soft-spoken Matemu described his predicament was an indication of the strength that is in public institutions. “That is the context in which I read and see it,” he said.
Matemu asked those who still opposed to his leadership of the EACC to respect the court’s decision.
“The court has looked at all the issues raised about me and made a determination, now it’s time to move forward,” he said. From the legal battle that followed his nomination, the anti-graft boss is certainly the proverbial cat with nine lives. Matemu ran into hurdle after hurdle in his attempt to assume the coveted office. He appears to have uncanny ability to fight adversities and win.
From the time his name was proposed, Matemu has literally not rested defending himself against a barrage of accusations touching on his character. He has been in the cold as his name navigated through Parliament and his appointment challenged in court. From the day his name was proposed, Matemu has not had peace and his road to the stewardship of the anti-corruption body has been rough.
Name rejected
When his name was forwarded to Parliament by then President Mwai Kibaki and former Prime Minister Raila Odinga, the then Justice minister Eugene Wamalwa had a difficult time convincing MPs to let him steer the commission.
Matemu was nominated together with Ms Irene Keino and Prof Jane Onsongo as his deputies.
When the Parliamentary Committee on Justice and Legal Affairs rejected his name, it appeared that Matemu had finally met his waterloo. But that was not the case!
He was to successfully navigate the murky legal waters before the Court of Appeal allowed him to assume the big office last week.
During the acrimonious debate in Parliament, all manner of accusations were brought against him, with some MPs saying the nominees, including him, lacked passion for the job.
Then chairman of Public Accounts Committee Boni Khalwale tabled documents claiming that Matemu had failed to collect Sh2.4 billion in tax arrears from a company while at Kenya Revenue Authority.
“This matter has been brought to me by a patriotic Kenyan who knows the importance of Parliament. This information touches on a man whom we want to sit on this important commission,” said Khalwale. The debate split the House along the substance of the report, with some MPs claiming that those opposing its recommendations were “a sign of corruption fighting back”.
But numbers were mobilised in Parliament and his name was approved. With Kibaki’s appointment, Matemu was to become the third head of the agency in two years after two former directors Aaron Ringera and Prof Patrick Lumumba were kicked out by Parliament.
Ringera was rejected in 2009 after President Kibaki unilaterally reappointed him for second term.
Although Matemu thought he had successfully waded through the controversy that prevented him from office, he was subjected to another court case seeking nullification of his appointment.
Political expediency
His appointment was later challenged in a Nakuru court where, on May 16, last year, Justice Anyara Emukule issued temporary injunction and referred the case to Chief Justice Willy Mutunga to set up a three-judge bench in Nairobi.
Elijah Sigona of the Trusted Society of Human Rights Alliance went to court on May 15 after Parliament approved Matemu’s appointment.
The lobby group sued the Attorney General, the Minister for Justice and Constitutional Affairs and the Director of Public Prosecutions for ignoring public concerns over Matemu’s integrity during the appointment process.
And a three-judge bench appointed by Mutunga went ahead and nullified his appointment.
Justices Joel Ngugi, George Odunga, and Mumbi Ngugi stated there was no doubt allegations raised against Matemu were serious and would prejudice any reasonable person’s thinking regarding his integrity or suitability to head the commission.
By Francis Ngige and Wahome Thuku, The Standard
