Ethics and Anti-Corruption Commission CEO Halakhe Dida Waquo adressing the press in His Nairobi office on traffic Police Officer arrest. [PHOTO: GOVEDI ASUTSA/STANDARD]

NAIROBI, KENYA: Governors and Members of Parliament have found cause to sue for truce in their bitter feud and then forge a common front to tackle the threat of prosecution of those found engaging in harambees by the anti-graft agency.

The Ethics and Anti-Corruption Commission (EACC) has warned governors, MPs and Members of County

Assemblies that their participation in fundraisers is in violation of the Leadership and Integrity Act (2012) and the Public Officer Ethics Act (2003).

EACC Chief Executive Halakhe Waqo setoff the warning that has infuriated MPs who disagree with claims by the anti-graft agency that they are pressuring State officers to give them harambee donations.

The chairman of the Council of Governors Isaac Ruto revealed they were seeking legal advice on the contents of the EACC letter.

“We thought harambees were only restricted to eight months before elections as per the law.

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For now, we will continue making our personal contributions as we wait for the legal advice on the way forward,” Ruto told The Standard last evening.

EACC has turned the heat on the country's elected leaders reportedly over pressure they have piled on public servants to part with money - apparently from public coffers of institutions they head - in order to increase their contributions in harambees where they are usually chief guests.

MPs have often complained that the electorate burdens them with demands for financial help almost every weekend, depleting their earnings.

EACC Chief Executive Halakhe Waqo rattled governors, MPs and MCAs after setting off the storm. He has roped in Director of Public Prosecutions Keriako Tobiko, Attorney General Githu Muigai, Head of Public Service and President's Chief of Staff Joseph Kinyua and even the chairman of the Commission for the Implementation of the Constitution, Charles Nyachae.

PUNISH EXECUTIVE

In his letters, Mr Waqo said the commission had received reports that the MPs were "soliciting for contributions from State and Government institutions" for fund raisers.

"The purpose of this communication is to bring the above provisions to your notice and to request (you) to respect the law and to warn that appropriate action will be preferred against those who violate the law," cautioned the chief executive.

The elected officials, EACC argued in its letter, engaged in fund-raising events using their offices to intimidate public servants to give them public funds so they could take the money, as their own, to harambees.

MPs and MCAs were angry on receiving the letter because according to them, harambees are an avenue through which they can begin or sustain development projects and then use these as records of their performance.

Council of Governors chairman Isaac Ruto said they were seeking legal advice on the contents of the EACC letter.

"We thought harambees were only restricted to eight months before elections as per the law. For now, we will continue making our personal contributions as we wait for the legal advice on the way forward," Ruto told The Standard Wednesday.

In Parliament, for instance, MPs have tried to amend the law to get powers to punish the EACC chief executive, but their efforts were thwarted with President Uhuru Kenyatta telling them they had no power to interfere with the operations of an independent commission.

"The EACC is a commission to which provisions of Chapter 15 of the Constitution applies. Under Article 250(12), the commissions are empowered to appoint their secretaries through a competitive process. This means that as the appointing authorities, the commissions can remove their secretaries without involving the National Assembly," said the President in the memo.

The amendment was to be made to EACC Act.

DISOBEY ORDER

EACC's threat was conveyed in a circular to all governors and MCAs dated September 24.

The circular to the governors warned that EACC would take appropriate action against leaders who violate provisions of the Public Officer Ethics Act 2003.

"Whereas the commission appreciates the gesture directed toward supporting worthy causes, the activities of such members is in violation of the Leadership and Integrity Act 2012 and the Public Officer Ethics Act 2003," said the circular.

According to Section 18(1) of the Leadership and Integrity Act, State officers are banned from soliciting contributions from the public for a public purpose "unless the President has, by notice in the Gazette declared a national disaster and allowed a public collection for the purpose of the national disaster in accordance with the law".

"The Harambee spirit is captured in our Coat of Arms," said Tiaty MP Asman Kamama.

"Let the author of that letter and all those who think like him, know that we have disobeyed. We are Members of Parliament. We don't solicit, they solicit from us," said Olago Oluoch (Kisumu Town West)."

Moitalel ole Kenta (Narok North) argued MPs have to account for the millions they give at harambees.

"You have someone contributing Sh15 million per week, we have to know the source of that money, because we know your salaries," said Kenta.

Earlier this week, Nairobi Governor Evans Kidero said the Government should allow public officers to participate in such events so as to spur development.

Dr Kidero said fundraisers have improved the lives of many less fortunate Kenyans and funded various development projects which have been of benefit to the public.

"Not all people are equal in life and we should let those who are willing to help others do so and those who do not want should just leave," Kidero said.