Ruto targets Uhuru, Matiang’i in state capture probe
Former President Uhuru Kenyatta and key figures from his administration may soon find themselves defending their actions and decisions during their tenure in power.
Politics254 has learned that there are plans to establish a State Capture Commission of Inquiry to investigate allegations of power abuse by high-ranking officials from the previous regime.
Kenya Kwanza is in the final stages of drafting the legislation necessary for the commission’s establishment, with sources indicating that the legal framework should be ready by March or early April.
This inquiry is anticipated to spark political controversies and could involve not only Kenyatta but also former Interior Cabinet Secretary Fred Matiang’i, Kenya Defence Forces chief Francis Ogolla, and immediate former Interior Principal Secretary Karanja Kibicho.
Other government officials believed to be involved in “state capture and cronyism” during the Uhuru era may also be summoned to appear before the inquiry.
National Assembly Majority Leader Kimani Ichung’wah explained that the proposed framework would be presented as a private members’ bill, aiming to uncover how “state capture” influenced tender manipulation and favored private business interests.
The investigation will particularly focus on allegations that top officials misused their powers to irregularly grant tax exemptions, especially to foreign companies, and evaded taxes.
Claims have been made by top Kenya Kwanza officials that these waivers benefited local owners represented by foreign entities through proxies.
There are also allegations that funds were withdrawn from state coffers in the final days of the previous administration, a claim made by Deputy President Rigathi Gachagua upon taking office in September 2022.
Government officials assert that state capture played a role in the buyback of Telkom Kenya, linking the benefiting firm to top Jubilee officials.
Events leading up to the declaration of Ruto as the winner of the 2022 presidential race at Bomas of Kenya are expected to be part of the probe.
There have been allegations that top state officials attempted to manipulate election results in favor of ODM leader Raila Odinga.
During the 2022 campaigns, President Ruto stated that he had no intention of prosecuting his predecessor, but Deputy President Gachagua emphasized that Kenya Kwanza would pursue individuals linked to state capture and conflict of interest.
The plan for the inquiry was announced in President Ruto’s manifesto during the election, proposing a quasi-judicial public inquiry to determine the extent of cronyism and state capture in the nation and make recommendations.
Political debates have ensued, with the opposition suggesting that these developments might be a witch-hunt and a broader scheme to bypass the courts.
ODM leader Raila Odinga accused President Ruto and his associates of actions bordering on state capture, asserting that Parliament is already a victim of such behavior.
“Ruto has captured Parliament. Having captured Parliament, he now wants to intimidate, subdue and capture the Judiciary,” Raila asserted.
Busia Senator Okiya Omtatah recently asserted that the current government is engaging in state capture, pointing to the National Treasury as one of the entities adversely affected.
Omtatah joins the voices expressing concerns about the alleged manipulation of state institutions and resources for private interests.
The claim suggests that not only the National Treasury but potentially other government institutions are being influenced or controlled in a way that serves the interests of a select few, rather than the public good.
This further fuels the ongoing debate about the extent of state capture in the country and raises questions about the transparency and accountability of the current government.
Jubilee Secretary General Jeremiah Kioni said, “They are going round the Judiciary. This is another way of subverting the independence of the Judiciary.”
“The aim is to stop people from going to court,” he told the Star in an interview, adding that “the commission’s life would come to an end when they are done with their persecution.”
Kioni characterized the proposed law as specifically aimed at an individual, contending that it is unlikely to pass constitutional scrutiny and amounts to discriminatory practices.
According to Kioni, the legislation appears to be tailored to address the actions or circumstances of a particular person, raising concerns about its constitutionality.
The argument suggests that singling out an individual in a legal framework could be seen as unfair or unjust, violating constitutional principles of equal treatment and non-discrimination.
This viewpoint emphasizes the importance of ensuring that laws are crafted in a manner that upholds constitutional standards and treats all individuals fairly and impartially.
“This is a witch-hunt. The law will not stand the constitutional threshold. They are looking for a commission that can advance what they cannot achieve within the existing law.
“They want to tailor it to suit a given purpose. We already have laws that can deal with individuals. If it is about immunity, the former President is not shielded from any law,” the former Ndaragwa MP said.
Rarieda MP Otiende Amollo expressed the view that the existing institutions are capable of addressing the issues at hand.
“There are entities that can do the inquiry lawfully. Any commission that deals with human rights such as the Commission on Administrative Justice (Ombudsman) can do that.”
“For any inquiry to be objective, it shouldn’t be seen to be a witch-hunt because otherwise it serves no purpose,” Amollo said.
The lawmaker said, “The easiest way to do such an inquiry is that the Ombudsman can start on its motion or if requested by any person.”
The experienced legal advisor emphasized the importance of clarity at the outset, stating that those advocating for the investigation must clearly define whether the investigative team will function as a traditional commission of inquiry or as a parliamentary commission.
Amollo, a recognized expert in constitutional law, elaborated that it is crucial to establish a clear scope for the inquiry. He emphasized that an investigation should not begin with a predetermined conclusion.
“State capture is a conclusion. In any inquiry, you don’t start with the conclusion but the scope – what do you want the inquiry to cover, what period, what institutions, and then issues,” he said.
He contended that the government should not claim to establish an inquiry focused on historical matters but rather should specify a timeframe encompassing all issues, extending from a certain point in the past up to the present day, for comprehensive review.
“You can say from a given period but it has to come to the present. I would want an inquiry on the edible oils deal of Sh16 billion, weird oil imports where the lady was claiming Sh17 billion, the Kemsa issue, how we can contribute money to housing levy without any law, and so many other scandals that have come in the last one year for which no one seems to have any answer,” Amollo said.
The opposition contends that the current government is already a suspect of state capture, alleging that entities such as the TSC, PSC, IEBC, and Parliament are already under the control of the Executive.
However, if the inquiry proceeds, it could pose challenges for allies of both Uhuru and Raila, particularly regarding election-related matters. In a previous inquiry following the August 9, 2022 elections, former IEBC chairman Wafula Chebukati implicated several senior figures, including former Cabinet Secretary Raphael Tuju and members of the National Security Advisory Council.
Chebukati specifically mentioned former Office of the President Principal Administrative Secretary Kennedy Kihara, then Solicitor General Kennedy Ogeto, then Inspector General of Police Hillary Mutyambai, and Ogolla, who was the Vice Chief of Defence Forces at the time.
During the Supreme Court hearings, the NSAC dismissed allegations of poll manipulation, stating that their meeting with Chebukati was solely to discuss the security situation in the country.
Governance expert Javas Bigambo said, “It is easier to blame the devil than the dark blue sea. Uhuru messed himself up by displaying hangovers of political power and influence.”
He added, “President Ruto should deal with Uhuru and Raila decisively. The underdog is what makes saints and soldiers …not lovers of loyalists.”
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Ruto targets Uhuru, Matiang’i in state capture probe
