Global Policy Forum

By Njeri Rugene

The high profile symbol of President Kibaki's battle against corruption - graft fighting expert John Githongo - walked out of the Government yesterday. He resigned as permanent secretary for governance and ethics in a move that appeared to deal a severe blow to the heart of the administration's efforts to curb corruption.

Close family and friends said Mr Githongo had been agonising over leaving the civil service for some time and observers added that he had become increasingly frustrated in his work as little was done to prosecute those known to be corrupt and his inquiries into new cases were being resisted. In addition he has recently appeared to be at loggerheads with key Cabinet ministers over major scandals that have plagued the Narc government.

His announcement that investigations into the Anglo Leasing affair had been completed and that prosecutions would follow within a month, appeared to be contradicted by Justice minister Kiraitu Murungi. The minister undermined his announcement by going public with the statement that Anglo Leasing was "the scandal that never was" because Sh461 million paid in commitment fees for work that was never done had actually been returned by the firm.

In addition, Mr Githongo is understood to have had a tense meeting with three key ministers associated with the hardline wing of the Kibaki government, before flying out to Europe. Friends say the corruption czar became increasingly dispirited about the campaign against graft in the days after. He then left for Switzerland to attend the annual Davos conference with Mr Aaron Ringera, the new head of Kenya Anti-Corruption Commission, through Norway, where they attended an anti-graft conference and to London.

Mr Githongo's ground-breaking appointment was among the first made by Mr Kibaki and was seen as a clear signal of his determination to deal with corruption. His decision to resign is sure to dent the Government's credibility in the international community, following recent accusations that it was reluctant to fight grand corruption involving its ministers and senior officials.

The fear seemed to be confirmed when US ambassador William Bellamy commented last night: "Mr Githongo was the point person in Kenya's anti-corruption effort and his departure must be seen as a severe setback." He went on: "We are particularly concerned that Mr Githongo's resignation comes in the wake of new, more extensive information on possible corrupt practises within the Government of Kenya.

"We hope the Government will act quickly to ensure that Mr Githongo's departure does not mean corrupt officials have won the day." Mr Githongo's move was made public yesterday shortly after he sent a brief note to civil service head Francis Muthaura, saying he was no longer able to work with the Government. He transmitted his resignation from London, where he was said to be attending a conference.

Mr Githongo, aged 39, did not expound on the reasons for stepping down from his key position, saying only he "was no longer able to continue serving the Government of Kenya". Mr Githongo also thanked the President for appointing him to the position in January 2003, immediately after his National Rainbow Coalition swept to power. The Government announced it had accepted Mr Githongo's resignation in a equally terse two paragraph note.

Signed by Mr Muthaura, it said the Government had thanked Mr Githongo for his contribution to the ongoing fight against corruption and wished him well in his next engagement. Government spokesman Alfred Mutua said of the resignation: "The fight against corruption is like a rally race - gruelling. In the race some people burn out and fall by the way-side. This does not mean there is anything wrong with the race."

Speaking to the Nation from Kisii where he had accompanied the President, Dr Mutua insisted that the Government was committed to fighting against graft and would "remain consistent." He defended the Government against accusations that it was doing little to deal with corruption, saying the Kibaki administration had set up permanent structures to deal with graft, "that are not dependent on anyone being in power." He added: "That way, Kenya will always be free of corruption regardless of who is in power."

Dr Mutua went on to thank Mr Githongo for having helped the Government to set up "a lot" of these structures, saying "his duty to the country will always be appreciated for generations to come."

Mr Githongo becomes the third key official close to President Kibaki to leave State House. First to leave State House was its Comptroller and the President's personal secretary, Mr Matere Keriri, who was forced out after a public disagreement with First Lady Lucy Kibaki. He is now the chairman of the Kenya Electricity Regulatory Board. Second to go was Mr Esau Kioi who was the President's security adviser. He resigned soon after Mr Keriri left, for unexplained reasons.

Mr Githongo's presence in an office at State House was always viewed with suspicion by influential individuals close to the President. Hardly a year into his appointment, there were rumours that the former head of the Kenya branch of graft watchdogs Transparency International would be transferred from State House to the Ministry of Justice and Constitutional Affairs. Later that year, in July, he was briefly transferred to that ministry headed by Mr Kiraitu Murungi, in President Kibaki's first reorganisation of his Government. The President then rescinded the decision in the face of mounting criticism from diplomats and pressure groups, before Mr Githongo had even moved into his new office. The decision not to move him from the Office of the President came only hours after US ambassador William Bellamy added his voice to the growing criticism over the transfer. It would have meant Mr Githongo answered to Mr Murungi instead of the President.

The planned transfer raised fears that Mr Githongo's independence would be curtailed and his ability to pursue corruption issues against anyone including Cabinet ministers would be undermined. Western missions in Nairobi, among them the British High Commission, were understood to have called government offices inquiring about the move. Mr Githongo could not be reached last night for comment.

His appointment was seen as a major attempt to stamp out the corruption which had characterised the 24-year rule of President Kibaki's predecessor, Mr Daniel arap Moi, which had led international donors to suspend aid for years. Recently donors who eventually resumed lending after Mr Kibaki took power, have complained the Government has done too little to attack corruption, especially within its own rank and file.

British High Commissioner Edward Clay caused a storm last week with allegations of new corrupt deals involving at least four Cabinet ministers likely to cost the country more than Sh20 billion. Sir Edward said he had already given a list of 20 questionable deals to the President. He said the majority of them involved procurement in the Ministry of National Security and all needed further scrutiny. The envoy's remarks met with hostility and were dismissed by ministers, some of whom have accused him of sparking a diplomatic row. However, his views were supported by four other diplomats on Friday; the ambassadors of Germany, Finland, Sweden and Denmark. They spoke out even as Finance minister David Mwiraria assured them the Government's commitment to fighting graft was unwavering.

Also supporting the need for the Government to do more to beat corruption were three key religious leaders: Anglican Archbishop Benjamin Nzimbi, Catholic Archbishop John Njue and the Rev Mutava Musyimi, secretary-general of the National Council of Churches of Kenya.