Ruto aims at independent institutions for graft war delays

President William Ruto and Lady Justice Martha Koome, the Chief Justice during the swearing-in of twenty Judges of the High Court and conferment of the Rank of Senior Counsel at State House, Nairobi on May 14, 2024. [PCS]

In his second State of the Nation address, President William Ruto shifted the blame for the slow pace of the corruption war to other arms of government.

The Head of State took issue with Parliament, the Judiciary, the National Treasury, and even investigative authorities for what he termed as “hiding behind the transparent screen of independence” while carrying out their mandates — a move that has frustrated the fight against graft in the country.

Parliament was criticised for derailing the anti-corruption war by continuing to delay the passage of the Conflict of Interest Bill, which is currently under consideration by both the National Assembly and the Senate.

“It is also unacceptable for the Houses of Parliament to deny the nation a much-needed instrument in the war on corruption by continuing to sabotage the passage of the Conflict of Interest Bill. I implore you, Honourable Members, to stop dragging your feet on this bill unless, my friends, there is a conflict of interest in the passing of the Conflict of Interest legislation,” said the President.

The Conflict of Interest Bill, 2023, aims to provide a framework for managing and regulating conflicts of interest within the public sector. It also seeks to impose stringent sanctions against government officials found guilty of engaging in government business to obtain profits.

To maintain public trust in government institutions, the bill seeks to reduce the risk of corruption, bias, and favouritism. It also aims to improve public engagement and cooperation, ultimately strengthening citizen support for government initiatives.

The bill is designed to be administered by the Ethics and Anti-Corruption Commission (EACC), to oversee compliance with the regulations and ensure that no public officers are involved in conflicts of interest.

For the first time, the Head of State also publicly criticised the Office of the Director of Public Prosecutions (ODPP) for its continued dropping of cases due to the unavailability of witnesses.

“It cannot be the case that the Director of Public Prosecutions keeps dropping cases because, somehow, they are unable to produce witnesses. It also cannot be the case that corruption suspects rush to court to obtain anticipatory bail, which shields them from due process and enables them to compromise investigations,” he stated.

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The Judiciary, which has long had an icy relationship with the Executive, was also not spared. Is it a “crime” allowing corruption cases to drag on for years, which, Ruto pointed out, is in stark contrast to election-related cases, which are dispensed of expeditiously?

“There is also no reason for corruption cases to drag on in our courts for years when the same courts are able to determine election petitions and related disputes within six months,” added the President.

He further took issue with the National Treasury for dragging its feet in the implementation of an e-procurement system for nearly 10 years.

“Today, I direct the National Treasury to roll out the e-procurement system by the end of the first quarter of 2025 and ensure that, going forward, only procurement undertaken through this system is sanctioned.”

He added, “Of the many difficult assignments I have undertaken, this fight against corruption is one I now take on with resolve going forward. Let this serve as notice to all. Independent institutions charged with this responsibility must up their game, pull up their socks, and match up to the expectations of the people of Kenya.”

At the same time, despite President Ruto ordering the immediate cancellation of the Adani deals — including one for the repair and expansion of Jomo Kenyatta International Airport (JKIA) and another with Ketraco for the setting up of transmission lines for Sh96 billion—his silence on the fate of the Social Health Insurance Fund (SHIF) technology system, also said to be linked to the Adani group, was deafening.

During the State of the Nation address, Ruto said that his decision to cancel the Adani deals was based on new information provided by investigative agencies and partner nations.

The fate of a Sh104 billion deal between the Kenyan government and Adani is, however, now up for speculation after the Head of State gave the topic a wide berth during his address.

In recent weeks, it emerged that the government intends to purchase a Sh104.8 billion Integrated Healthcare Information Technology System, which is a key component of the SHIF programme.

Revelations that President Ruto’s allies also stand to benefit from its rollout have come to light, further casting doubt on the intentions of the pioneers of the new system.