Puzzle of CSs unaware of appointments in Gazette notices bearing their names

The most recent gazette notice that generated heated debate in top echelons of the executive was published on November 6, increasing charges and levies on services offered by the State Department for Immigration and Citizen Services.

The notice signed by Interior Cabinet Secretary Kithure Kindiki had raised by multiple times the charges payable on the basic government services such as ID, birth certificate and passport issuances.

So heated was the matter that all senior officials in the Interior ministry whom Sunday Nation contacted disowned the notice, raising queries on who had approved its publication.

“I have received reports and questions surrounding the status of children of Kenyan parents born abroad. As per the Constitution, a child whose mother or father is a Kenyan citizen is a citizen by birth. They do not need to apply for permanent residency. They can acquire the usual citizenship documents (ID, passport etc) by applying through the nearest Kenya embassy or via @eCitizenKenya,” posted Foreign Affairs PS Roseline K Njogu on her official X (formerly Twitter) account.

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Later, the PS made yet another post that indicated a lack of consultation within the government.

“Further to my last tweet, I have engaged with @JuliusKBitok PS Immigration & Citizen Services. He has assured me that the permanent residence fees for children of Kenyan citizens were entered in error. This fee applies to children of foreigners seeking permanent residence… Measures to rectify the gazette notice have already been taken. Apologies for the mistake that has caused so much anxiety.”

Under President Uhuru Kenyatta, the Government Printer was domiciled at the Office of the President, Harambee House. With President William Ruto’s administration, however, it is located at State House, under the Chief of Staff and Head of Public Service Felix Koskei.

Publishing of the gazette notice was listed under the functions of the Executive Office of the President, in Executive Order No.2 of 2023.

When reached through phone calls and text messages, Mr Koskei declined to respond to Sunday Nation queries on the usurping of ministers’ powers.

Some Cabinet secretaries who spoke to Sunday Nation anonymously say they are struggling to protect their turf in making independent appointments to boards of State corporations.

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The CSs cite external interference in determining the appointment and revocation of parastatal heads.

In a clear picture of the state of capture, where the ministers must seek concurrence before effecting any appointments, the Nation has seen a letter by Mr Koskei addressed to Agriculture CS Mithika Linturi dated November 17 on concurrence in the recruitment of the managing director (MD) for Chemelil Sugar Company.

In the letter also copied to Agriculture PS Paul Rono and board chairman John Nyabok, Mr Koskei affirms his concurrence to the appointment of Moses Kiprop Kitum.

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“In view of the above, and furtherance of circulars no. OP/CAB.9/IA dated November 25, 2022, and April 3, 2023, respectively, and based on merit, concurrence is hereby given for the appointment of Mr Kiptum as the MD of Chemelil sugar company,” reads Mr Koskei’s letter.

He affirmed, “The purpose of this letter, is to communicate this decision for your further necessary action.”

Mr Koskei confirmed receiving the letter from Mr Nyabok dated October 23, communicating the board’s decision to the CS and copied to him, seeking concurrence.

He acknowledges the request, saying it is after a competitive process that saw three candidates emerge top in the interview, Mr Kiptum, Jaqueline Amondi Kotonya and Hellen Jepchumba Biwott.

Some CSs who confided in the Nation have singled out a powerful PS, an aide within the presidency, some legislators and a senior ranking official as the final authority in determining the appointees.

Some claim to have found themselves on the receiving end, when aggrieved board members are shown the door without their knowledge in the published gazette notices.

“You wake up and find that a whole board has been sent packing and you are responsible,” said a minister, who confessed to receiving the news of a board being disbanded in his ministry from the affected chairperson.

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“It is a very awkward position to find yourself in. How do you explain yourself? You deny or take full responsibility?” another CS said.

One PS has apparently even formed a WhatsApp group, where potential board appointees’ names are supposed to be shared before public announcements, but this has not helped either.

An aide and close ally to the presidency is also reported to be a major influence in the publication of the mysterious notices, especially in the revocation of appointments of those believed to have been anti-Kenya Kwanza and allied to retired President Kenyatta and opposition leader Raila Odinga.

Insiders also fingered a powerful CS, whom they claim calls the shots within President Ruto’s administration and also plays a key role in determining who should be kicked out or is appointed.

“No appointment can be effected without his concurrence. He has the final say. The ministry is untouchable. He is also consulted for other appointments, especially those from some regions,” disclosed a source within the presidency.

Another CS stated: “I have not faced similar frustrations but some of my colleagues have shared their concerns about it.”

Outspoken Nandi Senator Samson Cherargei, in an interview, said board appointments are meant to “reward fallen ‘heroes’ and ‘heroines’.”

“It is a balancing act to ensure there is regional balance. Most boards require expertise and, therefore, the appointment process is very consultative. It is a collective responsibility for the government,” he said.

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“If there are those CSs who feel aggrieved, they should raise the matter with the appointing authority at the cabinet level. From where I sit, I know there is a thorough consultation with CSs before the appointments are made.”

Mr Cherargei said legislators have not been made aware of any complaints.

“We will deal with it when we are seized of the matter. The law stipulates how some boards are constituted,” said Cherargei who has been critical of the conduct of some CSs and even asked President Ruto to take action against them.

A PS has been accused of pushing through not only the appointments but recruitments in various State institutions.

Government spokesperson Isaac Mwaura did not respond to Nation phone calls and text messages on the matter.

Earlier this year, there was an uproar among Kenyans and the clergy on the skewed appointments to parastatals and revocations of previous appointments, demanding regional balance.

The flurry of appointments saw all the cash-rich State corporations get new boards consisting mainly of people loyal to the new government.

Early this year, President Ruto revoked the appointment of Omar Boga as Coast Water Works Development Agency board chairman.

In a gazette notice dated Wednesday, February 1, Mr Boga was replaced by Daniel Katama Mwaringa, to serve a one-year term.

Then Water Cabinet secretary Alice Wahome, now in the Lands ministry, also appointed Hafswa Abdalla Dele, Judith Wabosha Mwamburi, and Mohamed Masoud Mwahima to serve as board members until July 2025.

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A board chairperson from central Kenya and a member of Kenya Kwanza was shocked when her appointment was revoked and replaced by a former legislator who lost in the polls.

She had served less than a month. She was reportedly taken aback when the CS was also caught unaware by the changes.

Although the President has the prerogative to appoint chairpersons of some boards, task forces and commissions, the CSs are supposed to appoint the board in line with the Constitution and the subsidiary laws.

Board appointments have been used in the past by successive governments to reward political cronies and military and police retirees. The boards are mostly populated by election losers and used to reward opposition defectors.

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