U.S. Government Statement

September 3, 2009

The United States Government is deeply concerned about the unilateral reappointment of Justice Aaron Ringera as Director of the Kenya Anti-Corruption Commission (KACC).  The reappointment, and the manner in which it was done, raise profoundly troubling questions, particularly given the poor record of performance of the KACC over the past five years.  Serious questions regarding the poor performance of the KACC have been consistently and strongly raised by civil society, stakeholders, Members of Parliament, and others.  The very negative public reaction to the reappointment shows how little confidence the Kenyan people have in the KACC.

We are concerned that the reappointment was apparently made without proper consultation.  The KACC Advisory Board has the responsibility to make recommendations for candidates for Director and Assistant Directors to the Parliament, which vets and approves those candidates, and sends the names of approved candidates to the President for him to appoint.  While not strictly required, it would also have been appropriate – and a sign of good faith to fight corruption – to consult broadly with civil society.   Lack of consultation and transparency call into serious question the government’s commitment to end the culture of impunity through decisive steps to fight corruption and to implement key reforms.

We urge that Justice Ringera’s reappointment be re-examined in accordance with appropriate procedures and through a process of broad consultation.  The United States will continue to support the insistence of the Kenyan people that fundamental reforms be fully implemented, as agreed in the National Accord of 2008.