To resign or not? Dilemma facing Uhuru’s technocrats

Top officials in President Uhuru Kenyatta’s administration are faced with a dilemma as the resignation deadline for public servants eyeing elective seats in 2022 draws near.

They include Cabinet Secretaries, Principals Secretaries, Chief Administrative Secretaries, heads of state corporations among other senior government officials.

Among the officials split between leaving their jobs and staying put are CSs Ukur Yatani (National Treasury), James Macharia (Transport) and Sicily Kariuki (Water).

Others are Eugene Wamalwa (Defence), Peter Munya (Agriculture), Raphael Tuju (without portfolio) and Fred Matiang'i (Interior).

Munya is among leaders being considered by ODM leader Raila Odinga as a possible running mate, making politics even more tempting.

Section 43(3) of the Elections Act 2011 provides that “A public officer who intends to contest an election under this Act shall resign from the public office at least six months before the date of election.”

The aim of the provision is to ensure the officials do not use their positions to influence their own elections into office, neglect their office duties or engage in any conflicts of interest.

During an exclusive interview with the Star last week, CS Yatani admitted being in a big dilemma.

“I am also alive to the fact that I occupy a very senior position in the national government, whose services will be extremely important between now and until a new government is ushered in,” Yatani said.

“I cannot abandon my President, the gentleman who has trusted me. I would not want to give him the burden of looking around for somebody he is going to trust,” he added.

Politics is always unpredictable. However, Uhuru's tenure also ends in about seven months.

"The fact is that they are finding themselves in a Catch-22 situation," governance expert Javas Bigambo said.

"They have to sacrifice one thing. They will have to either sacrifice the President’s trust and go for whatever office they are eyeing or sacrifice their ambitions and retain the trust of the outgoing President and still serve at his pleasure," he added.

CS James Macharia, who heads the mega Transport, Infrastructure, Roads, Public Works and Housing docket, which controls one of the biggest budgets, appears to be at a cross roads.

The CS has overseen the implementation of the Jubilee’s administration’s mega infrastructural projects, including the Sh400 billion plus standard gauge Railway and Nairobi Expressway.

Speaking on Citizen TV’s 'Inside  Uhuru’s Cabinet' series on Tuesday, Macharia, one of President’s most trusted CSs, said his focus is on delivering his mandate.

But he said his position will be known by February 9.

“A lot of things will happen on the February 8. … you will not need to ask anybody. It will be there for you to see. So, hopefully we can be patient enough for another two months and see what will happen,” Macharia said.

“Let’s focus on what is before us. Let’s focus on service delivery. On February 8, we shall decide,” he added.

The CS divulged he and his family are discussing his next course of action – whether to join politics or not.

“There is a reason why that date was set, six months before election…..Why we can’t wait for that date because it was objectively set for that date,” he said.

There have been reports Macharia plans to run for the Murang’a seat in the general election.

CS Kariuki has dropped hints of running for Nyandarua governor seat but appeared to be in a Catch-22 situation, just like her colleagues.

“It is possible I could play some roles in the devolved structure,” the CS said, adding that she was still consulting on her next move.

“It (role in the devolved structure) could be any. It could take any form up to and including consulting. It cannot be a unilateral decision. Even making an application to become a PS, you have to consult,” she said.

CS Munya, a close ally of the President, is largely expected to challenge MeruGovernor Kiraitu Murungi for the seat he lost in 2017.

Munya’s Agriculture docket is one of the most lucrative ministries.

Munya is one of the CSs who have declared support of Raila’s Azimio La Umoja and it would be interesting to see if he’ll abandon the President to follow his political dream.

Munya’s Defence counterpart Wamalwa is said to be behind the recently launched Democratic Party of Kenya. The CS is reportedly planning to use the party ticket for a political run in 2022.

Already, the Independent Electoral and Boundaries Commission has maintained that it will enforce the law by ensuring that only those who comply with the provision are clear to run for the elections.

“That is the law and it must be complied with. Let them resign and allow other Kenyans to take those positions,” IEBC chairman Wafula Chebukati said in August.

(Edited by V. Graham)