Ruto's executive rot: When the pot calls the kettle black

On Monday, for the second time in less than a week, President William Ruto stared down Kenyans and conceded the obvious-that corruption runs deep in Parliament, especially within its committees.

In a closed-door joint parliamentary group meeting between the ruling United Democratic Alliance (UDA) and the Orange Democratic Movement (ODM) legislators, essentially what should have been a solemn admission of national crisis was instead reduced to somewhat of a political theatre.

In a meeting initially largely viewed as meant to consolidate cooperation between the two sides and attended by Deputy President Prof Kithure Kindiki and ODM leader Raila Odinga, discussions on corruption in Parliament seemed to steal the thunder from everything else.

But even so, still, the elephant in the room, corruption, was treated and reduced to laughter and chuckles by parliamentarians, as though the rot Ruto described were little more than a passing joke.

“The chairpersons of those Parliamentary Committees are UDA and ODM members who are now in cooperation. Is it then the President’s own admission that corruption thrives under his administration?” Asks Dr Luchetu Likaka, a scholar and political analyst.

“Unless he is bold enough to substantiate every claim he made, then there is nothing solid to take away from it,” said Japheth Gwaro, a social worker and political commentator based in Mathare, Nairobi.

But while the President points fingers at Parliament, political observers point to facts and hard evidence suggesting the problem runs much deeper in the very arm of government he leads-the Executive.

They say the Executive, with its vast budgets, opaque spending, and unrestrained slush funds, has become the real epicenter of Kenya’s corruption quagmire, with billions of taxpayers’ money vanishing into thin air.

“It is almost what you’d call a case of the pot calling the kettle black,” argues Dr Joseph Mugachia, a governance expert with the Concerned Citizens Movement, a lobby group advocating for democracy and accountability.

“The truth is that there’s more corruption in the Executive than anywhere else. Don’t look too far, just look at the so-called empowerment programs splashing millions around every week, funds whose origins and approvals no one can explain.”

President Ruto himself, in his Monday address, admitted that, as the country’s foremost public servant, he receives “raw intelligence” on graft.
But many observers wonder what he actually does with that intelligence.

“If he truly knows, why hasn’t he made corruption the high-risk venture he promised Kenyans it would be when he assumed office?” wonders Dr. Mugachia.

Among the claims that the President stated on Monday but failed to substantiate include that some lawmakers demanded as much as Sh150 million from governors facing impeachment. “Where does one even get KSh150 million? Isn’t that money meant for counties?” Ruto posed.

This year alone, three governors, Kericho’s Eric Mutai, Meru’s Kawira Mwangaza, and Isiolo’s Abdi Guyo have faced impeachment proceedings at separate times in the Senate.

At the same time, Ruto accused certain lawmakers, without mentioning names, of soliciting bribes to execute their core mandate-legislation.

“You members of the National Assembly know there are those among you who demanded Sh10 million to pass the Money Laundering Bill. Did you get the money?” he asked.

“I will not name them. I will arrest them,” Ruto retorted.

Suna East legislator Junet Mohamed, in an apparent jest but seemingly intended to water down the claims, stated: “Lobbying is accepted worldwide. It is people from outside who come to Parliament to lobby, not MPs extorting anyone.”

ODM leader Raila Odinga dismissed Junet: “Extortion is not lobbying.”

Transparency International’s 2024 Corruption Perceptions Index handed Kenya a damning score of 32 out of 100, placing it 121st globally and in the “serious corruption” bracket.

The global anti-graft body’s Executive Director, Sheila Masinde, reads insincerity in the latest utterances by the President.

“The President's repeated public claims, while pointing to a potential red flag, seem like PR gimmicks, just playing to the public gallery if no action is taken,” she told The Standard.

The recent Ethics and Anti-Corruption Commission’s survey further punctures the President’s utterances.

The latest EACC survey shows that for the umpteenth time it is executive agencies ranging from the police, immigration, licensing offices, health facilities, transport departments, that still dominate the bribery landscape.

“Even more, actually, it is no secret that it is the Executive that normally bribes the Legislature. These are two players essentially attacking each other, the Executive here being the main perpetrator,” says Dr. Mugachia.

According to Dr. Likaka, President Ruto’s outburst rang hollow.

“By casting MPs as the villains of graft, the President is engaging in deflection, not reform,” stated Dr. Likaka.

“Every week, Kenyans watch as his close allies dish out millions in churches and public rallies under the guise of empowerment programs. The Harambee Stars football team is promised and awarded millions after every win, but the public has never been shown where such funds are drawn from. These acts, cloaked as generosity, are in fact the same currency of patronage politics that fuels corruption,” added Dr. Likaka.

Under the current administration, some high-profile graft and murder cases against Ruto’s political allies have seemingly quietly melted away, as state prosecutors cite insufficient evidence.

A string of mega corruption scandals has repeatedly dogged the Ruto administration, and many observers reckon that little commitment has been extended to neuter the vice, just lip service.

Chief among them and one of the earliest mega scandals to hit Ruto’s administration was the controversial Sh3.7 billion mosquito-net tender at the Kenya Medical Supplies Agency (KEMSA) that was cancelled by the Global Fund after irregularities in the procurement process were noted.

The Global Fund had floated the multi-billion tender for the supply of 10.2 million long-lasting polyethylene and polyester nets to be distributed across the country to fight malaria.

And although the President axed some senior officials at the Health Ministry and KEMSA, early damage had been done to a government just taking off. In fact, ex-Health CS Susan Nakhumicha admitted that Kenya lost over Sh60 million in the preliminaries such as advertisement and evaluation processes.

But nothing would shake the soul of the nation more than the fake fertilizer scandal that was branded a direct assault on the country’s food security. Thousands of farmers were supplied with substandard inputs under the state subsidy program.

Even with damning evidence presented, including an exposé by a local news agency, the then Agriculture Cabinet Secretary Mithika Linturi, at the time a close ally of the President, still survived impeachment.

“ That was glaring, it affirmed to everyone that the president is not and has never been keen to fight corruption, he lost an opportunity to demonstrate that he has the will to fight the dragon,” asserts Gwaro.

Then came the controversial government-to-government oil import scheme that invoked a procurement exemption under the Public Procurement and Asset Disposal Act, leaving room to bypass competitive tendering for multi-billion-shilling petroleum contracts.

“The biggest problem we have in this country is the capture of Parliament by the Executive. Let’s not even try for a moment to shift blame; that’s the naked truth,” asserts Dr Mugachia.

Dr Likaka, on his part, adds: “To decry corruption in Parliament while tolerating or even enabling similar practices in the Executive is to see the speck in MPs’ eyes and ignore the log at State House.”

Even the much-hyped National Dialogue Committee (NADCO), convened to cool political tensions after the disputed 2022 General Elections, has been viewed as a larger scheme meant to plunder public resources.

“I don’t know why our President can’t see this as corruption. It had nothing, absolutely nothing, for the common person. The grand plan was to simply create offices for former Prime Minister Raila Odinga and his men, less about governance than elite accommodation, just an insider’s deal,” says Maurice Ojwang’ of the Bunge la Mwananchi in Mathare.

Violet Khaemba, a banker in Nairobi, says the current administration has dropped the ball in the fight against graft, and when such happens, the lowest in society suffer the most.

Another uproar came when the state proposed the concession of Jomo Kenyatta International Airport to India’s Adani Group, and even with mounting public indignation, the state remained hell-bent on pushing through.

The deal only came to a crashing halt under intense public pressure last year but only after reaching an advanced stage with minimal disclosure.

“The number of times we hear money has been stolen is mind-boggling. We, the poorest in the pyramid of things, are the ones taking the heat. It’s tough to live in this country.”

TI Kenya’s Masinde suggests it is time to remind lawmakers of what is expected of them by the citizenry.

“If we must, there is need to reorient MPs on the leadership and integrity provisions in the Constitution, the legislative framework on leadership and integrity that is the Leadership and Integrity Act, the Public Officers and Ethics Act, Parliamentary Powers and Privileges Act, and the Rules governing the conduct of MPs,” says Masinde.

She adds: “This will help correct parliamentary behaviour and ethics standards, essential elements to secure public trust and foster a culture of public service that favours public interest over private gains.”

Dr Likaka thinks the fight against corruption will feature dominantly in the next General Elections.

“Unless he takes decisive action, stopping patronage, empowering EACC without interference, and prosecuting graft without fear or favour, the President risks being remembered not as the leader who fought corruption, but as the one who cried wolf while corruption thrived under his very nose.”

President Ruto ascended to power in 2022 riding heavily on a promise to make corruption a high-risk venture, even publicly pledging to set up a state capture inquiry within 30 days. But that promise, thus far, has largely remained nothing but a pipedream.