Cabinet secretaries ‘distracted by ICC’

Saturday, November 23, 2013

In Summary

• Leader of Majority Aden Duale dismissed the claims saying the government has initiated a number of developments projects that have no relation to ICC such as the President attending the 3rd Africa-Arab Summit, the launch of Uwezo Fund and the opening of Huduma Centre.
• Former Housing minister Soita Shitanda pointed to “silent wars” between the cabinet secretaries and their principal secretaries that are undermining service delivery.

By Walter Menya

The ICC trials against President Kenyatta and his deputy William Ruto are a “distraction” that is hindering Cabinet secretaries from performing their duties effectively.

It has emerged that a lot of energy and focus is being expended on the ICC cases facing the Jubilee principals, thus impacting on the performance of the Cabinet. 

“It (ICC) is a major distraction for everyone. No one knows what will happen,” said University of Nairobi’s Prof Karuti Kanyinga.

Mr Karugor Gatamah of the Africa Corporate Governance Advisory Services compared the ICC cases to a nagging pain that “prevents even the best of us from getting the best sleep” while COFEK secretary general Mr Stephen Mutoro said Cabinet could do better without the cases.

“If the ICC cases against the two principals were not there, a high probability is that all CSs would have better leadership and enhanced interest in their day-to-day work,” said Mr Mutoro.

Law Society of Kenya chairman Eric Mutua estimates that the ICC cases are taking up to 50 per cent of the government’s time “since the entire government seems to be focused on how to deal with the cases”.

But Leader of Majority Aden Duale dismissed the claims saying the government has initiated a number of developments projects that have no relation to ICC such as the President attending the 3rd Africa-Arab Summit, the launch of Uwezo Fund and the opening of Huduma Centre.

“The Port of Mombasa is operating at 90 per cent efficiency, the Executive has brought 21 Bills, 15 of which have been passed and assented to in eight months, IDPs that could not be resettled in five years have been resettled in eight months and the President is due to launch the standard gauge railway. These are not related to ICC, which is there and is being handled by the legal teams,” said Mr Duale. In addition, Mr Duale said the government is in the process of launching a mega irrigation project in Galana.

The two principals, along with former journalist Joshua Sang have been charged with crimes against humanity at the ICC.

As a result of the ICC cases, the government has been aggressively seeking to protect the President from standing trial.

Kenya is currently engaged in a vigorous campaign among the ICC member states at the Assembly of State Parties in The Hague to pass an amendment to the Rome Statute that will shield sitting heads of state and government from being charged at the ICC.

Commenting on the performance of the Cabinet, the Federation of Kenya Employers said the secretaries have been a big let-down in the short time they have been in office.

“Some of the Cabinet Secretaries have really stood out. I think the handling of the JKIA fire incident is a good example of when the government spoke with one voice and moved swiftly to return things to normal,” FKE executive director Jacqueline Mugo said.

According to Ms Mugo, contrary to the high expectations Kenyans had on the technocrats, some of the cabinet secretaries have been missing in action.

“They were expected to hit the ground running and establish themselves. This didn’t happen as we are yet to feel their impact. It is also unfortunate that some have immersed themselves in politicking yet the President promised that all Cabinet secretaries will shun politics. We are also seeing tenets of sycophancy creeping in,” said Ms Mugo.

Former Housing minister Soita Shitanda pointed to “silent wars” between the cabinet secretaries and their principal secretaries that are undermining service delivery.

Mr Shitanda said while the original thinking was to make the cabinet secretaries the accounting officers in ministries, that did not happen. As such the accounting function still rests with the principal secretary who can authorise expenditure.

Consequently, he said, this has created suspicion between the two offices.

“I think we have lot of underperformance, perhaps because of conflict of roles. If something happens in the ministry, the cabinet secretary will be held accountable yet they are not the accounting officers,” said Mr Shitanda.

He also said it was becoming apparent that the President listens more to his advisers at State House instead of the cabinet secretaries.

Mr Gatamah, however, said that while it is not easy to rate the performance of the cabinet secretaries; they have failed to create impressions that Kenyans would associate with.

Going forward, Mr Gatamah said the parameters to be considered in the evaluation should be: How they have exercised leadership; and, the extent to which they have shown commitment to eliminate incompetence and corruption in their ministries.