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What it means for a public officer to receive a protest note from members of the public

By: Jerry Okungu

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[ Posted On: 2006-09-27 ]  

The plot thickens for Justice Aaron Ringera, Kenya's Anti-Corruption Chief.

Dark clouds and forces of evil have conspired to end his career at Integrity House before his first tenure is over. The Kenyan public is baying for his blood. While they choke under the weight of grand official corruption, Aaron Ringera is smiling all the way to the bank, thanks to their endless taxes that must sustain his opulent life.

Early on Wednesday morning this week, the ODM Kenya luminaries lived to their threat and marched on to Integrity House. They did not find Ringera to eject from his office. But they handed in their protest note to one of his functionaries all the same. They then moved to Office of the President and did the same to a government official on behalf of the Head of the Civil Service.

One thing though; they did not remove Ringera from office as they had vowed to if President Kibaki failed to meet their deadline. So Ringera is still in office to enjoy his Ksh. 2.5 million a month pay perk, thanks to a lucrative contract earlier designed and sealed by his former cronies.

Now that Ringera's office has received a petition to remove him from office, now that the government has received a petition from the public to set up a tribunal to try Ringera for incompetence in a public office, what options are there for either Ringera or President Kibaki as far as Ringera's continued stay in office is concerned?

There are a number of options open to both of them. One, Ringera can decide to defy the order and stay put. He will not be the first one to defy public outcry. Moody Awori is a perfect example of those people whose integrity can be eroded but still cling to their offices. Many more politicians and civil servants on several occasions have taken this option.

President Kibaki can also take this option. He may decide to do exactly what he has done in the past; ignore such calls and petitions as mere political sloganeering from his political competitors in the ODM. In which case failing to take action against Ringera will be a normal occurrence. He has done that with his Vice President and several cabinet ministers in the past.

On the other hand, Ringera can invoke his conscience and tender his resignation to President Kibaki on the grounds that a sizable section of the Kenyan community has lost confidence in him as the Anti- Corruption chief. If he does this, he will save President Kibaki and the rest of Kenyans the agony of a protracted and expensive public tribunal.

However, if Ringera does not take this option, Kibaki has the constitutional responsibility to set up a tribunal to try Ringera on charges of incompetence.

There is a precedent during his tenure to go by. Early in his administration he set up a Commission to interrogate the then Chief Justice Bernard Chunga. Former Chief Justice read the writing on the wall and quit to pre-empt the hearing.

Whatever options they take or do not take the fact is a statement of fact has been made. Aaron Ringera will never be the same again. His reputation and chastity have been tarnished beyond repair. He cannot henceforth claim to be like Caesar's wife. His fidelity is gone with the wind. Worse still, any prosecutions that Ringera will initiate after this incident will be judged through political eyes. He cannot be trusted as a fair prosecutor.

The people of Mt. Kenya, the likes of Murungaru who he is accused of shielding from prosecution have also damaged his reputation. Inadvertently they reacted to the ODM's politicization of the Ringera saga. The worst defence some one of Ringera's calibre can have is to get support from a suspect. Murungaru's case is pending in court. The same Ringera took him to court for failing to account for his sudden wealth. Now he has turned Ringera's supporter even before their legal tussle is determined!

The people of Meru who promised to form a ring around Integrity House to protect one of their own also soiled Ringera's case more. His position at Integrity House became a communal position. Suddenly Kenyans confirmed one thing; that public positions of Ringera's calibre are really not national constitutional offices. We hold them in trust for our tribes and cronies. It was a clear indication that in this country ethnicity and tribal allegiances have killed the war on corruption. As long as our own is corrupt, that is fine. However, as long as we can see another tribe committing the same crime, we have to rush to the roof tops to announce it to all and sundry.

When Martha Karua justifies dilly- dallying with prosecutions over Githongo's overwhelming evidence against people in government, it shows that some of our leaders' tough rhetoric about corruption is skewed and flawed. They are wanting in logic and substance. We must therefore do the only thing left to us; begin the process of regime change through the ballot once more.

Yes, Kenyans must continue experimenting with political leadership until cows come home; until one day we get it right.

It is too late now.

We cannot give up now.

Article Source: http://www.afroarticles.com/article-dashboard

Jerry Okungu is a freelance political analyst based in Nairobi, Kenya. Jerry also serves as a Board Director at The Kenya Broadcasting Corporation. Jerry has written extensively on issues affecting Kenya and the rest of Africa over the years. Other articles written by Jerry Okungu are available at this location
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