Anti-Graft Czar Was On A Mission Impossible  
Daily Nation
08 February 2005

Page: 4

The surprising thing is not that Mr John Githongo has resigned. It is that he survived so long as the Permanent Secretary for Ethics and Governance based at State House.

It became clear a long time ago that Mr Githongo was fighting a losing battle in his quest to get President Kibakis unequivocal support in the anti-corruption campaign. Whatever spin may be put on his sudden resignation, faxed to State House yesterday from Europe, it is clear that Mr Githongo has finally given up the fight. And a small cabal of Cabinet ministers and civil servants who resented his attempts to block their lucrative deals, particularly in security procurement, will be smiling all the way to the bank.

Transparency International

Mr Githongo came into the post with impeccable credentials as founding director of the Kenyan chapter of Transparency International. A zealous, credible and driven crusader working at State House as the Presidents chief advisor on the anti-graft effort added a great deal of weight to the rhetoric about the battle against corruption being driven from the top.

As the only PS operating from State House, Mr Githongo enjoyed an access to the President that allowed him to often outmanoeuvre powerful officials who were trying to slow him down. On the Anglo Leasing scandals, he had to seek President Kibakis intervention to be allowed to drive wide-ranging investigations.

And in one of Narcs earliest crackdowns on Moi-era looters, he oversaw the arrest and successful prosecution of Ketan Somaia against formidable resistance from government officials, among them then Vice-President Michael Wamalwa. But, at the end of the day, he must have realised that all he was doing was being allowed to buy time for the powerful officials who have become untouchable in the Kibaki regime.

Undiplomatic broadside

Mr Githongos resignation coming in the wake of British High Commissioner Edward Clays stinging, and rather undiplomatic, broadside against the Kibaki government will to many appear not coincidental.

His powerful foes in the corridors of power were always extremely suspicious of Mr Githongos close links with the diplomatic community and the media. They blamed him for nearly all the leaks on corruption in high places that were being raised by foreign diplomats and being exposed in the media. Conveniently, they forgot that even in the Moi era, much information on what went on in the government came from the diplomatic community, many of them fed by NGOs.

But through it all, Mr Githongo believed, maybe quite naively, that he had the Presidents trust. He also had the support of some of the influential "golfing buddies" who had undoubtedly played a role in getting the President to appoint him. This would include his own father, Joe Githongo, as well as University of Nairobi Vice Chancellor Joe Wanjui, both founding trustees of TI Kenya.

Mr Githongos exit, either through resignation or sacking, became a dead certainty to those privy to the undercurrents surrounding the PS towards the end of last year. His bold steps in investigating corruption saw the PS alienate himself from key members of the Kibaki administration. This invited a concerted attempt by two Cabinet ministers to emasculate Mr Githongo and his office.

Sources in government told the Nation soon after news of Mr Githongos resignation became public yesterday that the anti-corruption chief earned himself powerful enemies among President Kibakis inner circle dominated by two key Democratic Party ministers. The relocation of Mr Githongos staff to the Co-operative House while he shuttled between his State House office and the city building on Haile Sellasie Avenue was largely seen as part of attempts to isolate him and limit his contacts with State House.

Bid to reduce portfolio

Earlier, sources said, there had been an attempt led by key people in the government to reduce Mr Githongos portfolio to a directorate of Ethics and Governance, with the man as director, a move that failed following fears of a public backlash that could have fired negative signals on the governments commitment to fighting corruption.

What galled Mr Githongos detractors in government was the mans anti-corruption remit and his personal courage. Debate was raging after it became clear Mr Githongo wielded immense powers that even senior ministers did not have. The role of Mr Githongo in the graft war started taking a turn between July and August last year when Mr Justice Aaron Ringera became the head of the Kenya Anti-Corruption Commission, a statutory body charged with the anti-graft war.

The PS found himself under pressure from within government to assume an advisory role and get more involved in developing structures that would seal loopholes that engendered corruption. At the same time, many of the would-be looters he had previously taken to task and had targeted through the Anti-corruption commission before Justice Ringeras arrival became bolder in defying him and more brazen in pursuing their multi-billion shilling crooked tenders.

When Mr Githongo wrote to the Head of the Public Service Francis Muthaura around October last year, asking him to clear the air over an alleged disappearance of three police vehicles, it was only one of many questioning memos he routinely fired off to government officials brought under suspicion for corruption. Mr Githongos letter, confirmed to exist by a senior government officer, followed an enquiry from city journalist Blamuel Njururi.

But the fact is that the leeway he enjoyed was cut nearly an year ago. The first public sign that he no longer enjoyed the presidents protection was seen with the Cabinet reshuffle of last year, when he was temporarily transferred from State House to the Justice ministry. It was only after diplomats raised a furore that the President reinstated Mr Githongo to his State House office.

But by then, he should have realised that he was no longer trusted, and was being retained only because removing him would bring awkward questions. That is probably the point at which Mr Githongo should have quit, but for some reason he decided to soldier on.