Controversy stalks Kimemia’s tenure as civil service boss

Controversy stalks Kimemia’s tenure as civil service boss

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Controversy stalks Kimemia's tenure as civil service boss

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By Vitalis Kimutai


KENYA: Head of Civil Service Francis Kimemia is no stranger to high profile wrangles involving ministers, members of constitutional commissions and other senior Government officials.

Since taking over in acting capacity from former Secretary to the Cabinet Francis Muthaura, who retired from public service after the case facing him at International Criminal Court, Mr Kimemia has courted controversy, the way a bulb attracts moths.

From implementation of Constitution, appointment of members of various commissions, promotion of top ranking civil servants and appointment of members to boards of key parastatals, Kimemia's name has featured in unfavourable light.

Independent Police Oversight Authority (IPOA) chaired by Macharia Njeru last year accused him of frustrating efforts to set up National Police Service Commission (NPSC) and threatened legal action.

Kimemia was at the centre of a controversy on picking of members of the Public Service Commission with claims the list endorsed by President Kibaki had been forwarded to Parliament without consulting Prime Minister Raila Odinga.

It prompted Dr Mohamed Isahakia, PS in the PM's office to write to Clerk of National Assembly indicating Raila opposed the list since he was not consulted.

"This is to inform you that consultations on this matter are still going on and the final resolution has not been reached. Kindly, therefore, hold on to the proposed names until a written confirmation is given from the Office of the PM," read the letter in part.

Some of the matters have either been sorted out through relevant Government channels or ended up in the Judiciary for arbitration.

In some, Kimemia, who was confirmed to the position through an appointment by President Kibaki on December 22 last year, held on to his ground and had his way while in a number of cases, he has emerged a wounded and humbled public servant.

Fourth term

Accusations he was involved in barring Chief Justice Willy Mutunga from travelling outside the country and that he was campaigning for Jubilee Alliance – both of which he has denied – are only the latest of the allegations dogging his short stint as civil service boss.

Last year, Kimemia was accused of meddling with the appointment of a managing director to replace Dr Anne Kinyua at the Nyayo Tea Zones after she retired.

Dr Kinyua had proceeded on terminal leave, paid her benefits, but Kimemia insisted she be appointed for a fourth term although she had not applied.

Nyayo Tea Zones Board forwarded the name of Peter Korir on July 19 last year to be gazetted as MD after he scored highest marks in the interview where 11 candidates participated, but the board was slapped with a court injunction a day later.

But the High Court directed that Korir be appointed and his name was gazetted in December last year.

Kimemia was also involved in a row with Medical Services Minister Anyang' Nyong'o over the sacking of National Hospital Insurance Fund board and appointment of another over the controversial universal health care scheme.

Prof Nyong'o suspended the board chaired by Dr Richard Muga but Kimemia who had the backing of Central Organisation of Trade Unions Secretary General Francis Atwoli reinstated the board and upheld suspension of CEO Richard Kerich.

This led to a standoff with Nyong'o accusing Kimemia of "manufacturing scandals in ODM ministries for political expediency".

Substantive position

"The board and the CEO are under instructions to continue with their work without any interference by any other person," Nyong'o said then.

Mr Adan A Adan, who had been appointed acting CEO was eventually removed and replaced by Mr Simeon Kirgotty in a substantive position.

The latest spat Kimemia was involved in was the delay to gazette names of members to the National Lands Commission (NLC) despite approval by Parliament and a court order.

On February 4, High Court Judge David Majanja directed the President to gazette members of NLC within seven days following a court case filed by Amoni Amfry and Nagib Shamsa through lawyer Mbugua Mureithi.

Standard Digital News - Kenya : Controversy stalks Kimemia?s tenure as civil service boss
 
Received the following tip from an anonymous correspondent, reproduced below as received:

A few months back a number of ambassadors were secretly appointed by the Office of the President and deployed to several strategic foreign diplomatic missions. The appointments are clouded in mystery and secrecy, thereby raising suspicions and doubt as to the real objective for these appointments.

An appeal was formally lodged to various foreign governments to not recognize these appointees for reason of violating key provisions of the constitution.

Article 132. Functions of the President, Sub Article (2) of the Constitution of Kenya provides that the President shall nominate and, with the approval of the National Assembly, appoint, and may dismiss high commissioners, ambassadors and diplomatic and consular representatives.

Further, Article 232 Values and principles of public service states that: The values and principles of public service include… representation of Kenya's diverse communities and affording adequate and equal opportunities for appointment, training and advancement, at all levels of the public service, of the members of all ethnic groups

The appointment of these ambassadors was never approved by the National Assembly and can therefore not be valid and is an abuse of powers at the Office of the President in making appointments that are in total violation of the constitution.

The appointments breach the following provisions of the constitution
a) requires consensus/joint approval with the Prime Minister
b) requires approval by parliament
c) must represent the face of kenya through regional balance
d) must respect gender parity of no more than 2/3 of the same gender

Interestingly a handful of appointments are included to deflect attention from the true intentions of Office of the President
None of these appointments have been officially gazetted or if done, have not been obvious.

The term of the Tenth Parliament expired on 14th January, 2013 and Speaker of the National Assembly Kenneth O Marende already published a gazette notice on the same day. That notwithstanding that the Hansard reveals no record of parliament approving any names for ambassadorial appointments prior to holding its last session.

It is therefore clear that these appointments are illegal, and by their secretive nature intended for purposes that cannot be for the good or benefit of the country.

It is becoming extremely clear that the purpose of these appointments and subsequent deployment to strategic foreign missions is therefore to act as a buffer and to influence the foreign capitals in accepting a possibly flawed outcome in yet another botched election.

The list of these appointments is provided below. Note the creation of a new post that has not been used in diplomatic missions i.e Deputy Ambassador whose functions have always been carried out by other attaches in the missions.


S/No

[TD="width: 208"]Name[/TD]
[TD="width: 265"]Designation – Station[/TD]
[TD="width: 145"]Remarks[/TD]

[TD="width: 54"]1[/TD]
[TD="width: 208"]Daniel Waisiko Wambura[/TD]
[TD="width: 265"]Pending[/TD]
[TD="width: 145"]Gema, Male[/TD]

[TD="width: 54"]2[/TD]
[TD="width: 208"]Florence Imisa Weche[/TD]
[TD="width: 265"]Pending[/TD]
[TD="width: 145"]Luhya, Female[/TD]

[TD="width: 54"]3[/TD]
[TD="width: 208"]Johnson Mwangi Weru[/TD]
[TD="width: 265"]Pending[/TD]
[TD="width: 145"]Gema, Male[/TD]

[TD="width: 54"]4[/TD]
[TD="width: 208"]Zaddock Syong'oh[/TD]
[TD="width: 265"]Pending[/TD]
[TD="width: 145"]Luo, Male[/TD]

[TD="width: 54"]5[/TD]
[TD="width: 208"]Christopher Muga Chika[/TD]
[TD="width: 265"]Pending[/TD]
[TD="width: 145"]Luo, Male[/TD]

[TD="width: 54"]6[/TD]
[TD="width: 208"]Eliphas Mugendi Barine[/TD]
[TD="width: 265"]Pending[/TD]
[TD="width: 145"]Gema, Male[/TD]

[TD="width: 54"]7[/TD]
[TD="width: 208"]Michael Dennis Mukiri Kinyanjui[/TD]
[TD="width: 265"]Pending[/TD]
[TD="width: 145"]Gema, Male[/TD]

[TD="width: 54"]8[/TD]
[TD="width: 208"]Samuel M. Gitonga[/TD]
[TD="width: 265"]Pending[/TD]
[TD="width: 145"]Gema, Male[/TD]

[TD="width: 54"]9[/TD]
[TD="width: 208"]Kariuki Mugwe[/TD]
[TD="width: 265"]Pending[/TD]
[TD="width: 145"]Gema, Male[/TD]

[TD="width: 54"]10[/TD]
[TD="width: 208"]Mary Nyambura Kamau[/TD]
[TD="width: 265"]Pending[/TD]
[TD="width: 145"]Gema, Female[/TD]

[TD="width: 54"]11[/TD]
[TD="width: 208"]Boniface Mwangi Mwihia[/TD]
[TD="width: 265"]Pending[/TD]
[TD="width: 145"]Gema, Male[/TD]

[TD="width: 54"]12[/TD]
[TD="width: 208"]Jean Kamau[/TD]
[TD="width: 265"]Deputy Amb – Washington USA [/TD]
[TD="width: 145"]Gema[/TD]

[TD="width: 54"]13[/TD]
[TD="width: 208"]Martin Kimani[/TD]
[TD="width: 265"]Rep – UNON Nairobi Kenya[/TD]
[TD="width: 145"]Gema, Male[/TD]

[TD="width: 54"]14[/TD]
[TD="width: 208"]Koki Muli[/TD]
[TD="width: 265"]Deputy Rep – UN HQS New York USA[/TD]
[TD="width: 145"]Kamba, Female[/TD]

[TD="width: 54"]15[/TD]
[TD="width: 208"]Kaunda Maikara[/TD]
[TD="width: 265"]Amb – Mogadishu Somalia[/TD]
[TD="width: 145"]Kisii, Male[/TD]

[TD="width: 54"]16[/TD]
[TD="width: 208"]Nassir Ali Joho[/TD]
[TD="width: 265"]Amb – Oman[/TD]
[TD="width: 145"]Coast, Male[/TD]

[TD="width: 54"]17[/TD]
[TD="width: 208"]Stephen Biko[/TD]
[TD="width: 265"]Pending[/TD]
[TD="width: 145"]Male[/TD]

[TD="width: 54"]18[/TD]
[TD="width: 208"]Kenneth Vitisia[/TD]
[TD="width: 265"]Amb – Riyadh Saudi Arabia[/TD]
[TD="width: 145"]Luhya, Male[/TD]

[TD="width: 54"]19.[/TD]
[TD="width: 208"]Aaron Suge[/TD]
[TD="width: 265"]Amb – Khartoum Sudan[/TD]
[TD="width: 145"]Kalenjin, Male[/TD]

[TD="width: 54"]20[/TD]
[TD="width: 208"]Jackline Yoga[/TD]
[TD="width: 265"]Deputy Amb – London United Kingdom[/TD]
[TD="width: 145"]Luo, Female[/TD]

[TD="width: 54"]21[/TD]
[TD="width: 208"]Dr John Kakonge[/TD]
[TD="width: 265"]Rep – UN Geneva Switzerland[/TD]
[TD="width: 145"]Luhya, Male[/TD]

Our appeal to foreign capitals is to reject these appointments as they have not been made according the laid down laws and any interaction with these appointees should be in their private capacities and not as accredited diplomats to their capitals.

Signed:
 
CORD: Our case against Kimemia


By Alex Ndegwa


KENYA: Questions continue to swirl around Mr Francis Kimemia, who CORD alliance leaders accuse of helping their rivals in their political campaigns.

This was on Friday denied by the Jubilee alliance whose leaders said they had no need to turn to civil servants to help them win the election. CORD, they countered, is using propaganda to try and rescue a flagging campaign.

Prime Minister Raila Odinga and his running mate Kalonzo Musyoka say the Head of Civil Service is part of an alleged plot to rig the March 4 election. The two have demanded Kimemia's resignation and filed a complaint with the Independent Electoral and Boundaries Commission (IEBC).

IEBC wrote to Kimemia on February 21 informing him of the accusations and requesting a response within 48 hours. A copy of the IEBC letter seen by The Standard On Saturday on Friday details six incidents in which Kimemia and other public servants allegedly engaged in partisan political activities contrary to section 43(1) of the Elections Act.

"The Commission is in receipt of formal complaints… of your being partisan in execution of your duties," reads the letter by IEBC chairman Issack Hassan.

Describing the claims as "very serious," the letter demands a response from Kimemia within 48 hours. As at the time of publication he had not responded.

CORD claims Kimemia had a secret late-night meeting on January 27 with Jubilee presidential candidate Uhuru Kenyatta and his running mate William Ruto at an exclusive resort on the shores of Lake Elementaita. It is not known what the closed-door meeting discussed.

The complaint then lists another meeting two days later at Nairobi's Bomas of Kenya at which Kimemia is accused of telling groups of provincial administrators they would be sacked if Raila became president.

CORD says Kimemia was also involved in two more meetings on February 9 and 10 at which State officers and elders from Central Kenya and the Rift Valley were pressed to campaign for Jubilee. Permanent Secretaries Mutea Iringo (Internal Security) and Joseph Kinyua (Finance) and Mr Kennedy Kihara, an official at the Office of the President, are also named as having participated in some of the meetings.

On Friday, a war of words raged between CORD and Jubilee over the claims. Uhuru and Ruto said they had neither sought nor taken Kimemia's help. They claimed CORD was making up stories having sensed defeat.

"Kenyans are not fools," Uhuru said on Friday. "When (Raila Odinga) says the Government is planning to rig and he is the Prime Minister, he must be the one planning to rig."

Kimemia is at the heart of another row over an incident at the Jomo Kenyatta International Airport in which immigration officials attempted to bar Chief Justice Willy Mutunga from travelling. The officials cited a circular issued by the Head of Civil Service last November regulating the travel of various officers. Uhuru says this incident, as well as a poison pen letter sent to the CJ, are proof of a dirty tricks strategy.

"Our main competitors have defeated us in one field alone: propaganda," he said. "But we are telling them the final say is with the people of Kenya. We are willing to accept defeat. If we defeat them, they must accept the verdict of the people."

On Friday, Raila Odinga sought to drag President Kibaki into the saga.

Addressing a rally in Narok, the PM claimed Kimemia had been let loose to meddle in politics (see above).


The IEBC letter asks Kimemia to respond to claims that on January 27 he met Uhuru and Ruto at a Lake Elementaita hotel from about 10.20pm to 11.15pm. Two days later, it is alleged, he urged district commissioners, county commissioners and provincial commissioners at a meeting in Nairobi to support Jubilee. Cord further alleged that on February 9, in the company of Iringo and Kinyua, he met 68 elders from Murang'a, Kiambu, Nakuru, Kericho and Molo at Jacaranda Hotel where support for Uhuru was reportedly discussed.

A day later at the same hotel, Kimemia is alleged to have met eight PCs and about 20 DCs and county commissioners who "were asked to initiate door-to-door campaigns for Uhuru (because) they would be jobless if Raila were to win".

The letter also claims DCs, DOs, Chiefs and others in Kitui, Siaya, Vihiga, Kakamega, Uasin Gishu and Kajiado counties, among others, have engaged in partisan activities. It is copied to officials of three parties affiliated to CORD: Mutula Kilonzo (Wiper Democratic Movement), Anyang Nyong'o (ODM) and Eseli Simiyu (FORD).

Kimemia is also accused of trying to intimidate the Chief Justice.

Standard Digital News - Kenya : CORD: Our case against Kimemia
 
the chicken have come home to roost! I am pretty sure RAO is having footage as evidence of these meetings at Elementaita Lodge! this issue is serious and will chop Kimemia's head...
 
========================================================================================

Mr. Francis Kimemia, CBS
Permanent Secretary,
Secretary to the Cabinet and Head of Public Service
Office of the President, Harambee House
P.o box 62345-00200
Nairobi.



Mr. Itea Aringo, CBS
Permanent Secretary,
Provincial, Administration and internal Security
Office of the President, Harambee House
P.O. Box 62345-00200
Nairobi.



Mr. Kennedy Kihara, EBS
Secretary,
Liaison, Parliament and Commissions
Office of the President, Harambee House
P.O. Box 62345-00200
Nairobi.



Mr. Joseph K. Kinyua, CBS
Permanent Secretary
Office of Deputy Prime Minister &Ministry of Finance
Nairobi



Dear Kimemia,

RE: PARTISAN CONDUCT OF TOP PUBLIC SERVANTS

The above subject matter refers.

Please be advised that the Commission is in receipt of formal complaints from the Coalition for Reforms and Democracy (CORD) alliance of your being partisan in execution of your duties. You have been accused jointly and severally that you have violated the election laws by engaging in electoral activities against provisions of section 43(1) of the Elections Act which states as follows:

43. "(1) A public officer shall not-

(a) engage in the activities of any political party or candidate or act as an agent of a political party or a candidate in an election;
(b) publicly indicate support for or opposition against any party, side or candidate participating in an election;
(c) engage in political campaigns or other political activity; or
(d) use public resources to initiate new development projects in any constituency or county for purposes of supporting a candidate or political party in that constituency or county."

You have been accused that:

i. On the January 27th, 2013 at Lake Elementaita Jacaranda Hotel, Mr. Kimemia met the Jubilee Alliance/The National Alliance Presidential Candidate Uhuru Kenyatta and his running mate William ruto from 22.20hrs to 23.15hrs behind closed doors.

ii. On January 29, 2013 at the Bomas of Kenya, Mr. Kimemia held a meeting with District Commissioners (DCs), County Commissioners (CCs) and provincial Commissioners (PCs). In small meetings within a bigger one and that Mr. Kimemia did appeal to the administrators to assist presidential campaigns of Mr. Kenyatta as they would be sacked if Rt. Hon Raila Odinga were to be elected president.

iii. As facilitation the administrators were promised sums of between ksh 5,000,000 and ksh 15,000,000 each. This meeting was attended by Mr. Itea Iringo and Kennedy Kihara among other senior officials from the office of the President.

iv. On February 9, 2013 in the company of Iringo and Kinyua, Mr. Kimemia met about 68 elders from Muranga, Kiambu, Nakuru, Kericho and Molo at Jacaranda Hotel, Elementaita where support for Mr Kenyatta was reportedly discussed.

v. On February 10, 2013 at the same Jacaranda Hotel, Mr Kimemia met eight PCs and about 20DCs and CCs. The administrators were transported in two hired buses. There were asked to initiate door to door campaign for Mr. Kenyatta and reminded them that they would be jobless if Hon. Odinga were to win Presidential Elections.

vi. There has been partisan activities by DCs, Dos, Chiefs and their assistants and village heads in Kitui, Siaya, Vihiga, Kakamega, Uasin Gishu and Kajiado counties among others.

In respect therefor of the above very serious allegations, the Commission demands that you give us a response within 48 hours. For avoidance of doubt a copy of the complaint is hereby attached.

Yours

AHMED ISSACK HASSAN, EBS
CHAIRPERSON IEBC



Copy to:

Hon. Mutula Kilonzo, EGH
Secretary General
Wiper Democratic Movement Kenya


Hon. (Prof) P.A Nyongo, EGH
Secretary-General,
Orange Democratic Movement


HON. Dr. Esseli Simiyu
Secretary General,
Forum for the Restoration of Democracy in Kenya



=========================================================================================
 
Kumbe hata kukiwa na katiba nzuri kiasi gani kama kuna linahodhi madaraka inakuwa kazi bure si siri Ikulu &CO wanamuunga mkono Uhuru kwa hali na mali,huyo Uhuru anayokanusha ni uongo mtupu ,wakati wote Uhuru anabebwa na Wakikuyu wenzake na magenge ya kihuni ya Wakikuyu.Sisi yetu macho lakini mtakuja juta muda si mrefu,Uhuru na Ruto ni wanafiki ,lengo lao kubwa ni kujinasua kwenye kesi ya mauaji ya halaiki/kimbali
 


 
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[h=1]Kimemia sucked in as Chinese firms fight for tender[/h]
By STANDARD REPORTER
A court battle likely to drag in Head of Public Service Francis Kimemia is simmering between two major Chinese companies: ZTE Corporation and Huawei Technologies.
The case comes up for hearing today at the High Court and may take a sensational dimension if lawyer Donald Kipkorir (acting for ZTE Corporation) makes good his threat to enjoin the Public Service boss.

Mr Kimemia is yet to recover from allegations of meddling in political affairs and now finds himself in the middle of a multi-billion shilling security contract where his role is being questioned considering he is no longer Permanent Secretary for Internal Security, but yet appears to be pulling strings on security contracts.
Last week, Kimemia wrote a letter to Internal Security PS Mutea Iringo, asking that he re-advertise the security contracting tender although the tendering process had been completed and awarded to ZTE Corporation.
According to the lawyer's letter, Kimemia's intervention appeared to have been prompted by complaints from Huawei Technologies, one of the companies that failed to clinch the tender.
After failing to convince the public tender watchdog, Public Procurement Oversight Authority (PPOA) to rescind the decision of the tender committee, the firm has been trying to have the entire tender cancelled.
The issue revolves around the awarding of a security and surveillance control and command tender under the Ministry of State for Provincial Administration and Internal Security. The project was born out of the need to enhance public safety following grenade attacks in the country at places of worship, shopping centres and market places.
Although the matter came to public attention only last week when Kipkorir, threatened to sue the Head of Public Service for contempt of court and defamation, the battle between the two Chinese firms has been simmering since last year.
But even more intriguing is the dubious history of security contracting that goes back to the days of the Anglo Leasing scandal of 2003.
Incidentally, the surveillance and tracking security project dates back to 2003 when a contract was given to Motorola Corporation under the Anglo Leasing batch of contracts. The contract died as a result of the Angl Lleasing controversy and questions about Motorola's capacity to deliver.

Standard Digital News - Kenya : Kenya : Kimemia sucked in as Chinese firms fight for tender
 
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