Divisions rock House watchdog over Uhuru rail stand

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Uhuru’s stand on rail tender splits team.

By MOSES NJAGIH

Kenya: Divisions have rocked a parliamentary watchdog probing the controversial railway project over the response to President Uhuru Kenyatta’s declaration that the tender was aboveboard.

The discontent highlighted the treacherous waters that the Public Investment Committee (PIC) is likely to navigate in investigating the project that the President came out to defend strongly on Tuesday in a televised address flanked by his Cabinet.

On Wednesday, PIC members scrambled into a meeting to prepare a public statement in response to the President’s declaration that the tendering for the standard gauge railway (SGR) was above-board and that work on the project would continue. But the subsequent press conference by the PIC chairman, Mr Adan Keynan, sparked protests among a section of members who claimed that a resolution demanding that the government must suspend the project pending the outcome of parliamentary probe was left out.

A section of PIC members, led by Kiminini MP Chris Wamalwa protested against the statement issued by their chairman, insisting that he had failed to give “the true position of the committee” that any work on the project should stop until the tender is cleared by Parliament.

“Parliament cannot work as a rubber-stamp. Our chairman did not give the factual position in response to the President’s statement. We want everything to stop until our report is debated by Parliament,” said the Ford Kenya MP who spoke out after the press briefing. Ford Kenya party leader Moses Wetangula, who is the Bungoma senator, is a vocal critic of the project. 

Politics

Added Wamalwa: “What would be the purpose of our meetings? What would be the need for us to call all these people who we have called if we cannot give the position that this project must stop until all the queries raised are addressed?” he posed

Earlier, Keynan, who is also the Eldas MP, said they would not be influenced by the position taken by the President, arguing that it was their duty to interrogate the decisions made by the Executive.

“What we are doing will not be influenced by what anyone has said. He has a right to state his position in his capacity as Head of State, but that position will not sway us. We will only be guided in our work by nothing but facts,” said Keynan.

But it was apparent that the President’s remarks had stirred members of the ruling coalition to step up their defence of the project.

Three Jubilee-allied MPs Mr Edwin Barchilei (Soy), Mr Emmanuel Wangwe (Nabakholo) and Mosop’s Mr Kirwa Bitok welcomed the declaration by the President, urging the government to now proceed with signing the financing agreement to start the project.  “We must stop the politics in this railway line project and move on. We urge the government to sign all other remaining documents so that work can begin,” Wangwe told a press conference at Parliament buildings. The President’s seemingly uncompromising position on the project raised the stakes in the controversy that has rocked the Jubilee Government, especially given the PIC investigations into the procurement process is at a critical stage.

Another House team, the Departmental Committee on Transport, has also been conducting parallel investigations into the Sh327 billion tender, with both expected to table their respective reports once Parliament reconvenes later this month.

Starehe MP Maina Kamanda, who chairs the Transport committee, said they had completed the probe and were now “fine-tuning” their report.

“We have called all those people that we wanted to appear before us and our task is complete. In two weeks or so, we will have completed our report,” said Kamanda.

The spectacle of the committees authoring conflicting reports cannot be ruled out given public views on the project by members of the committees.  Should the two House teams return different verdicts, the National Assembly could find itself in a situation as happened in the 10th Parliament when one committee presented two reports, including a dissenting one by a section of members.

The factional wars in the Justice and Legal Affairs Committee fueled by political rivalry between ODM and PNU over then President Kibaki’s judicial appointments crippled the committee.

Above-board

The ruling Jubilee Coalition controls the majority in the House that it has flexed in the past to overturn a recommendation by a House committee that sought to block the nomination of Phyllis Kandie as Tourism Cabinet Secretary.

Kenyatta’s declaration was seen as a message to the Jubilee members, who have an absolute majority in the National Assembly, that he would not entertain a position that would put the construction works in jeopardy.

Yesterday, Keynan insisted that contrary to perception that they were against the railway project, PIC had not taken a position on the deal, as they were still gathering facts surrounding the procurement of the tender.  “We will sit down and analyse all the evidence and draw facts from what we have heard, that is when we will table our report,” he said.

Keynan declared that it was his committee’s duty to determine if taxes paid by Kenyans are spent prudently.

“We have heard from some quarters that the procurement process of the tender was above-board. There is no other place to determine how above-board this was done apart from this committee,” said Keynan.

The CORD MP said the committee would continue with its probe, saying it was waiting to call two former ministers and the PSs of the last administration and also the China Roads and Bridges Corporation.

Igembe South MP Mithika Linturi appeared to have resigned to the fact that they may not stop the project, as he cautioned those implementing the project to ensure compliance to the constitutional stipulations on Public Finance.

“Those handling the work must handle their duties within what is stipulated in the law,” he said.

The Committee Vice Chairman, Mr Kamau Ichung’wa, said that their responsibility was only to evaluate the tender and see if the project will give Kenyans value for their money.