NAIROBI, Kenya, Sept 24 – Ikolomani MP Bonny Khalwale has withdrawn a case challenging the reappointment of Kenya Anti Corruption Commission (KACC) Director Aaron Ringera.
Dr Khalwale, who also chairs the Parliamentary Accounts Committee, told journalists that the he was incensed by the move to use the court case as an excuse to have Justice Ringera and his deputy Fatuma Sichale remain in office.
“The Executive should not bring disgrace to the other arms of government by hoping he(Ringera) can get a conflicting decision from the courts,” he stated.
“A proper decision has been made which has been overtaken by events. It is thus not necessary for me to pursue this case in court,” he further said.
He warned that if Justice Ringera didn’t gracefully resign from office, legislators would lobby for Parliament to resume sittings in a bid to cut off funding to KACC.
“The approach of the Appropriations Bill is the mild one but we can hit harder by altogether disbanding the Kenya Anti-Corruption Commission,” Dr Khalwale pointed out.
“We do not want to go that far but if it becomes evident that the current KACC is going to remain in place only to be used in sectarian interests, then we would rather not have one.”
His sentiments were echoed by Yatta Member of Parliament Charles Kilonzo who further warned that if the KACC director won’t quit, there would be dire consequences.
“We need to remind Ringera that he is a creation of Parliament,” said Mr Kilonzo.
Mr Kilonzo was reacting to reports that Mr Ringera had refused to authorize spending for advertising from the KACC Advisory Board declaring his seat vacant.
“Obviously, there is no question about it, we intend to act within the law to ensure that Ringera understands that this country is not controlled by one person.”
Earlier this month, High Court judge Mbogholi Msagha had disqualified himself from hearing a case against the reappointment of Justice Aaron Ringera as the KACC director.
The judge said he could not handle the case because it would be the third time his path was crossing with that of Justice Ringera.
Justice Msagha was among the 23 judges recommended for sacking by a team headed by Justice Ringera in 2003, but he was cleared by a tribunal. The case then went to another judge who also shunned it before landing with Justice Muga Apondi.
Hearing the case, Justice Apondi certified it as urgent. In the case, the Ikolomani MP had asked the court to order Justice Ringera out of office until the case is heard.
Through his lawyer Julie Soweto, Dr Khalwale had said that the reappointments of the director of KACC and his deputies were irregular and were done without the approval of the National Assembly.
Justice Apondi did not issue the injunction, saying that all sides must be heard first. The MP is also suing the KACC Advisory Board for failing to perform its major tasks.