• EACC wrote to Wahome on May 24 asking her to suspend former Athi Water Works Development Agency CEO Michael Thuita over a tender probe but she failed to do so.
• Wahome defended herself from alleged insubordination saying she could not suspend Thuita because she did not have sufficient information to act on.
Image: SCRENGRAB
Majority Leader Kimani Ichung'wah has reaffirmed his unwavering belief in the 'mambo ni matatu' mantra regarding the fight against corruption and faulted Water CS Alice Wahome for allegedly failing to act on the EACC directive on the war on graft.
The Ethics and Anti-Corruption Commission chief executive officer Twalib Mbarak on May 24 wrote to Wahome asking her to suspend former Athi Water Works Development Agency CEO Michael Thuita over a tender probe but she failed to do so.
Thuita resigned on September 23 hours after Head of Public Service Felix Koskei further wrote to the agency over his suspension.
Wahome in a statement later that day defended herself from alleged insubordination saying she could not suspend Thuita because she did not have sufficient information to act on.
"I have not in any way failed to cooperate with the EACC as alleged by mainstream media reports and the exercise of my discretion not to suspend Eng Thuita until the requested information is availed to me did not in any way prejudice investigations," Wahome said.
But speaking in Parliament on Tuesday, Ichung'wah said no Cabinet Secretary has powers to direct EACC to adduce evidence regarding an individual under investigation.
"EACC has powers to investigate anything touching on the integrity of public officers and those charged with public office therefore ministers and other senior government officers must never imagine that they can write to EACC and ask them first before I act, disclose who the complainant is," he said.
Thuita was hounded out of office over alleged procurement irregularities in the award of tender in the construction of Ruiru-II, Karimenu and Kitui Matuu Water Projects.
Ichung'wah said the anti-graft commission is by law at liberty to investigate anyone without seeking permission from anyone.
"EACC does not even need to have a complainant, they should be able to move on their own motion and investigate any matter and investigate anybody including the Leader of Majority and the Cabinet Secretaries themselves."
The Kikuyu MP was speaking during the debate on the Statute Law (Miscellaneous Amendments) Bill which among other issues seeks to empower EACC to obtain court orders to bar a public officer under investigation from accessing their office pending the conclusion of the probe.
"So that you don't interfere with evidence, because if we are to realise this mambo ni matatu to take people to jail over corruption, we must make sure that they are also not able to use their offices to cover for their own theft.
"It now must be very difficult for state officers to and use the same offices to cover themselves up."
Ichung'wah said members of the Cabinet are under obligation to be in tandem with President William Ruto's pronouncement regarding the slaying corruption.
In Ruto's words, anyone found to be corrupt has three options; go to jail, leave the country or go to heaven.
"Because the President cannot be saying mambo ni matatu and ministers in the government are speaking a different language, worst of all speaking a different language to the constitutional offices charged with the responsibility of dealing with matters corruption," he said.
The Majority Leader said he will not shy away from exercising his mandate of advancing government policy on the floor of the House including speaking against corruption.
"But on matters touching on accountability in government, on matters touching on transparency how you conduct yourself while in office as a minister as a state officer, there shall be no compromise.
"And I shall not stand here to defend any Cabinet Secretary, whether you are from my community, whether you are my brother or my sister, when we gave you work to work as a cabinet secretary, you must work for the people of Kenya," he said.