By Standard on Saturday Team
Public Service chief Francis Muthaura has set off another hidden war in Cabinet by drawing no-go zones for Prime Minister Raila Odinga while appearing to adopt a ‘condescending’ tone.
The Standard on Saturday established that the PM has issued a counter-memo, nullifying Muthaura’s. “This memo shows Muthaura is the one in charge and the PM takes instructions from him,” one source in Government said.
“The idea that President Kibaki and the PM shared power as equal principals is not reflected in this memo,” he added.
The Secretary to the Cabinet, through a confidential memo to PM’s Permanent Secretary, that has raised eyebrows, again makes such references, as that which recently rocked the Grand Coalition, by emphasising to the PM the Vice-President is the “principal assistant to the President”.
The memo dated August 15, and copied to the PM, puts the running of some ministries, including hiring and firing function, in the hands of Permanent Secretaries.
Muthaura, who reports directly to the President, refers to PSs as, “the Chief Executives” of their ministries.
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| Mr Francis Muthaura. Photo: File/Standard
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There is, however, and which the ministers we talked to do not think much of, the caveat that, “they are expected to implement Government decisions as directed by the Cabinet and their ministers”.
This has not gone down well, especially within the Orange Democratic Movement’s rank, that reads it to mean usurpation of the PM’s constitutionally guaranteed powers of, “co-ordination and supervision of the execution of the functions and affairs of the Government, including those of ministers…”
It for example tells Raila: “…Communication to the ministers by the Prime Minister should be copied to the President … Unless in case of emergency, invitations to ministers for consultations should be given at least two days in advance.’’
It does not refer to any prior consultations either to the President or the PM, which made some ministers perceive Muthaura was ‘assigning’ Raila, who signed a 50-50 power-sharing agreement with President Kibaki, duties.
It does, however, in the last lines link the new guidelines to, “the revised President Circular on Instructions for Despatch of Government Business and the revised Hard Book … to be released in the near future.’’
Muthaura says at the onset it was written following “growing concerns about a lack of guidelines on how Government Business … in particular co-ordination and communication, should be conducted.”
The memo incensed some ministers, as it appeared first to draw boundaries and assign Raila duties, something they think is belittling, especially because they had no role in the appointment of ministers working under them. Some said they saw an attempt to leave them as nominal heads as power in the ministries slipped into the hands of PSs.
Take away power
The description, a minister said, seeks to change the powers the Constitution vests in a minister and give them to PSs.
“Accounting officers, yes, we always know,” one minister said. He added: “But to say the PSs are the chief executive officers of their ministries is unacceptable. Somebody wants to take power from the elected representatives of the people and give it to Civil Servants,” he added.
Some Cabinet ministers believe that memo was at work in the saga where Labour Minister John Munyes fired the National Social Security Fund Managing Trustee Rachel Lumbasyo only for her to say she would stay.
Ministers drawn from ODM have protested at the memo, which they say puts control of the ministries in the hands of permanent secretaries most of whom are allied to the Party of National Unity.
At the heart of the dispute over the memo on Guideline on the Dispatch of Government Business is the question of who takes orders from who, between the PM and the PS and whether ministers serve at the mercy of PSs.
Muthaura says the PM “may convene meetings with ministers” within the framework of Cabinet committees or any other ad hoc Cabinet committee approved by the Cabinet.
It came in the wake of differences over the tenure of office holders of top parastatals, including NSSF where Muthaura and Raila issued conflicting statements.
In his memo, Muthaura says all correspondence from the Prime Minister to a ministry “should only be directed to the minister to ensure accountability and control”.
Directive
The letter says all Cabinet memos are to be submitted to the Secretary to the Cabinet.
“Once approved by Cabinet, the Secretary to the Cabinet will communicate Cabinet directives to the relevant ministries to proceed with the implementation of the policy direction,” Muthaura wrote.
In the memo, the PS says ministers are expected to communicate and co-ordinate affectively with their Assistant Ministers.
“They are expected to form management committees comprising the Minister, Assistant Ministers, Permanent Secretaries and Heads of Department that will be responsible for implementing Government Business,” the PS says in a section of the memo spelling out the functions of ministers.
Some have read this as an attempt to clip the wings of the PM and to slow his duties as enshrined in the Constitution.
Senior counsel and former Kabete MP Paul Muite warned that the Constitution was being flouted to cause unnecessary conflicts in Government.
“The National Accord and Reconciliation Act, spells out functions clearly. It is real power sharing. Kenyans want to see the implementation of real power sharing taking place,” Muite said.
Muite termed the position of Vice- President Kalonzo Musyoka as Leader of Government Business in Parliament as a mockery of logic. Central Imenti MP Gitobu Imanyara, who chairs Parliament’s subcommittee that revised Standing Orders said, “The Leader of Government Business would be the leader of Party or coalition of Parties with majority in Parliament.”
Imanyara said the Speaker would, however, have the discretion to rule on any matters that remain unclear in the House.
On Friday, the PM was unavailable for comment as he was away in Mwanza, Tanzania on official duty. Sources close to the PM said he has asked ministers to ignore Muthaura’s instructions and follow the law.
“The role of the Head of the Civil Service changed with the formation of the Grand Coalition Government. Muthaura’s duties are administrative and Raila’s are executive and anchored on the Constitution,” said a minister, who requested anonymity.
He said decisions of that matter could only be discussed by the principals or before the Cabinet. In Muthaura’s letter, ‘all communications for Parliamentary Business touching on National Security and Foreign Relations should be channelled through VP’s office.”
Muthaura also instructed that convening of inter-ministerial meetings should be done through his office.
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Published by African Press International – API/ Source.standard.ke