The Standard on Sunday
Date: 29.03.2015
Page 12
Article size: 379 cm2
ColumnCM: 84.22
AVE: 193711.11
They've stepped aside, but what does it mean?
By NZAU MUSAU
are charged in court of law or at con­
aside" is on the spotlight once again clusion of a disciplinary action.
"Essentially, the requirement to
with Thursday's Presidential order.
In his address to Parliament, step aside is in and of itself a suspen­
President Uhuru Kenyatta directed sion pending conclusion. If you are
period of investigations. He, howev­
er, admits thai more often than not,
such officers tended to retain their
trappings of power and they always
bounced back.
all officials of the national and conn ¦
told to step aside, you step aside,"
try governments adversely men­
Abdikadir explained.
dent Mwai Kibaki when former cab­
inet ministers Kiraitu Murungi and
high standards of probity established
different now because the Cabinet
by law.
does not consist of politicians."
Lawyer Harun Ndubi agrees. "It
was created by the Narc regime to
According to the presidents advi­ avoid the embarrassment that comes
sor, the stepping aside concept is a
with the suspension of senior state
ly step aside pending conclusion of
investigations of the allegations function of a particular cadre of ex­ officers who also happened to be po­
ecutive officers whom the president litical confidantes of the then presi­
against them".
The term "stepping aside" gained has direct responsibility over and dent. One would argue they served
currency in the first term of Presi­ whose offices are expected to meet their purpose then. Things are quite
tioned in corruption "to immediate­
"It's a proactive, leaning­forward
George Saitoti introduced it as a nov­
Meaningless
el political terminology as they buck­ governance concept which responds
According to Ndubi, the concept
led under public pressure over the to extraordinary situations as the
Anglo Leasing scandal.
ones we find ourselves in at the mo­ is "meaningless, hollow and mani­
festly contradictory". lie says the re­
On February 14, 2006, President ment," he said.
quirement to have the officers step
Kibaki surprised the nation when he
aside presupposes that it is not a vol­
announced that he had accepted "re­
Vague concept
quests" from the pair to step aside
According to Prof Ben Sihanya of untary act.
"A conditional discharge from
pendjnginvestigations into their role the University of Nairobi's School of
in the multi­billion scam. From the Law, the concept of stepping aside is ones duty can only be forced on one
statement, it was clear that they had vague: "Technically, in public service by the authority above that person.
not been suspended, sacked nor had terms it sounds like interdiction but One cannot purport to suspend him­
self," Ndubi explained.
He said "resignation by half" can­
means."
not be the solution to massive graft
lic Officer and Ethics Act presuppos­
Sihanya describes "stepping
es this concept of stepping aside. Be­ aside" as a game of musical chairs afflicting the Kenyan government at
sides, law also grows from traditions where the affected officers always all its levels.
they resigned.
"The legal theory behind the Pub­
it's not it. It's not very clear what it
However, Abdikadir reiterates
and customs. We have done this be­
fore," Abdikadir Mohamed, the pres­ bounce back but long after the pub­ that the concept should be taken in
ident's advisor on constitution and lic pressure has eased. He says it's a good faith and as good measure of
gimmick the political class have enforcing accountability and integ­
gal affairs, explained yesterday.
rity in government.
1 ie said the requirement to step learned to play on the people.
aside is different from "interdiction"
Dr Francis Owakah, a culture and
He said that other than the re­
which is by and large a civil service value analyst at the University of quirement of officers to step aside,
measure usually taicen after officers Nairobi, says that ideally, "stepping the Presidency is taking multiple ac­
aside" ought to be a moral decision tions to weed out corruption in gov­
taken when one is pricked by their ernment.
conscience. "It cannot therefore be
forced on someone by another".
Former Law Society of Kenya
chairman Okong'o Mogeni says the
objective of the first cases of "step
ping asidy was to scuttle the influ­
ence ofthe effice holders during the
Ipsos Kenya ­ Acorn House,97 James Gichuru Road ­ Lavington ­ Nairobi ­ Kenya
The Standard on Sunday
Date: 29.03.2015
Page 12
Article size: 379 cm2
ColumnCM: 84.22
AVE: 193711.11
Ipsos Kenya ­ Acorn House,97 James Gichuru Road ­ Lavington ­ Nairobi ­ Kenya