Criticism, calls for patience as Ruto’s state capture probe deadline lapses

President William Ruto

President William Ruto.

Photo credit: File | NMG

President William Ruto seems to have reneged on his promise to form a judicial team to investigate state capture within 30 days of his swearing-in.

In line with the Kenya Kwanza Alliance manifesto, President Ruto had promised to establish, “within 30 days, a quasi-judicial public inquiry to establish the extent of cronyism and state capture in the nation and make recommendations”.

The 30-day deadline lapsed three weeks ago.

In their “dynasties versus hustlers” narrative, Dr Ruto and his allies alleged that a few families had hijacked the political and economic leadership of the country since independence at the expense of millions of Kenyans. 

“The Ndegwa Commission Report of 1971 went on to make the infamous recommendation that legitimised conflict of interest, thus laying the foundation for the concentration of both economic and political power in the same few hands, prompting the late J.M Kariuki to warn of a nation of 10 millionaires and 10 million beggars, the corruption syndrome that is now universally recognised as state capture,” Kenya Kwanza said in its manifesto.

One week after assuming office, Deputy President Rigathi Gachagua insisted the government was going to investigate the previous administration and hold to account individuals who messed up the economy.

“Even if we do not want to pin anybody down, we would like to have recommendations so that in future, state capture and conflict of interest will never again impoverish the country,” said Mr Gachagua on September 18. 

He added: “We are not very much focused on going after the previous regime, that is not our business, but it is true that we will not pay bills without verification, they must be verified because they are public funds.”

The Raila Odinga-led Azimio la Umoja One Kenya Coalition has faulted President Ruto’s administration for reneging on this promise, saying it was evidence of a government that does not stand by its word.

Minority Leader Opiyo Wandayi has been on record asking President Ruto to demonstrate that he is ready to fight corruption.

“Without commitment to the unity of the nation, fighting climate change and eliminating corruption, everything this administration is saying is nothing but hot air and hearsay and we will do everything to hold it to account,” said Mr Wandayi.

Vihiga Senator Godfrey Osotsi said Kenya Kwanza’s promises were meant to hoodwink Kenyans and use them as a stepping stone to power.

“It is very clear that the much-talked-about plan by Kenya Kwanza was a ploy. Clearly they have no coherent plan to deal with the country’s problems, including corruption,” said Mr Osotsi.

But UDA chairman Johnson Muthama asked Kenyans to be patient with President Ruto as he works on how to implement whatever he had promised during the campaigns.

“We are capable and have what it takes to fulfil whatever we promised during the campaigns. The noisemakers should wait. Given what the President is going to do for this country, the next election will be UDA and Ruto unopposed,” said Mr Muthama.

He added: “Look at the well-calculated moves the President is making. He has already fulfilled the promises on Court of Appeal judges and the port of Mombasa. Ruto was sworn in in September. He just swore in his Cabinet Secretaries last week. He is yet to swear in his Principal Secretaries. He is yet to cover all the departments in government.”

The President has, however, fulfilled some of his other promises, including reverting all port operations to Mombasa.

Dr Ruto has also appointed a team to review education in Kenya, including the competency-based curriculum.

The Head of State has also announced a Sh3 billion additional budget for the Judiciary and appointed six appellate judges that his predecessor had refused to appoint.

At a time Kenya’s debt repayment costs has crossed the Sh1 trillion mark and is projected to hit Sh2.1 trillion in four years, the President has demanded a Sh300 billion cut in expenses in the current budget, as well as raising revenue collection to Sh3 trillion this financial year. In President Ruto’s mind, a lot more Kenyans need to pay taxes, with a target of a Sh6 trillion annual tax collection by 2027.

And while the President had, in his manifesto, promised a Fuel Stabilisation Fund, he has since scrapped the fuel subsidy, saying it was subsidising consumption, which he said could boomerang in the long-term.

Dr Ruto had also promised that Kenya Kwanza will, within 100 days, commission a review of remuneration and terms of service for all officers in the security sector to be commensurate with the cost of living.

Public Service Cabinet Secretary Aisha Jumwa has since announced that such a review for public servants will be done in 100 days. 

It is not clear whether that will also include the officers in the security sector.

Belgut MP Nelson Koech, a member of President Ruto’s inner circle, said the President has been dismantling state-capture cartels since his inauguration, citing financial autonomy for the police as an example.

‘Fiscal autonomy’

“Giving the police fiscal autonomy was all about ending state capture of law enforcement. Returning port services to Mombasa just days after an attempted sale meant putting an end to state capture of our maritime resources and blue economy. The termination of the Nairobi Metropolitan Services was about ending state capture of Nairobi County. The elimination of fuel subsidy for five oil dealers ended the gradual capture of the oil sector by a few multinationals,” he said.

He added: “Replacing it with the fertiliser subsidy for all farmers heralded a shift of focus from subsidising consumption to incentivising production. Today, Kenya Railways, Kenya Ports Authority and Kenya Pipeline Corporation are back to their line ministries, which is where they belong. President Ruto is busting state-capture cartels at every turn. A state capture inquiry commission may need to wait for the new Attorney-General to take office, but definitely it is coming.”

Former nominated MP David ole Sankok told the Nation that President Ruto is determined to fight corruption, state capture and conflict of interest in government.

“Former and present government officials must explain how they got their wealth. Corruption will not be politicised. We will have to investigate state capture and how certain banks have been evading paying taxes,” Mr Sankok said.

His sentiments were echoed by Nominated MP Joseph Wainaina, a close ally of the Head of State, who said President Ruto should be given time to implement whatever he promised.

“The delay has been brought about by constitutional obligations. We must follow the law. We are yet to constitute a full government. People have to wait because we are committed to working on our campaign promises, including fighting corruption,” Mr Wainaina explained.

But Jubilee Secretary-General Jeremiah Kioni said the Kenya Kwanza administration needs to explain why it is yet to fulfil its campaign promises.

“There is nothing the former President holds against his successor to bar him from delivering to Kenyans,” said Mr Kioni.