As the Permanent Secretary in charge of Ethics and Governance, Githongo was widely expected to be the man to issue such statements. Before the reshuffle, he had promised to issue a comprehensive statement on the developments in the biggest corruption scandal under the Kibaki government involving Anglo Leasing and associated companies.

He had told the Sunday Standard that no stone would be left unturned and that there would be no sacred cows. "Since I report straight to the President, I can assure you that things will be different this time," he said in an interview four weeks ago.

But Muthaura’s statement heightened fears that the war against corruption had suffered a fatal blow. With all indications being that the assault was getting blunt, the spotlight will now be on what actions Githongo takes. Although a statement issued on Friday indicated that he would still have the President’s ear, Githongo’s office was one of the biggest casualties in Kibaki’s reshuffle. He was moved from the Office of the President to that of Justice and Constitutional Affairs, a move that effectively stripped him of the elevated status of "reporting directly to the President". Then, against a barrage of questions, Githongo was hastily restored.

But questions still linger: What, in fact, can Githongo do?

At stake is Githongo’s own reputation as a crusader for transparent government. His reputation had grown to the extent that when he was nominated to stand for membership of the International Anti-Corruption Conference Board elections in October 1999, he scooped 57 of the 64 votes cast.

Githongo served on the same board with a number of respected international figures such as Nigerian President Olusegun Obasanjo. From this springboard, he fought for and secured the establishment of Transparency International’s Kenyan chapter towards the end of 1999. TI’s first offices were in his house in Nairobi’s Lower Kabete area and were only moved upon receipt of donor funding about a year later.

Signs that some top government officials close to President Kibaki were not very comfortable with Githongo became public in November last year when a strategy seminar in Naivasha planned by his department was abruptly cancelled.

At the time, members of staff at the Justice and Constitutional Affairs ministry were preparing to receive a new Permanent Secretary as word went out that Githongo was to be moved.

But Justice and Constitutional Affairs Assistant minister Njeru Githae vehemently denied that there were plans to move Githongo from State House. He, however, conceded that there were plans to move sections of the department to Maendeleo House so as to make the office "more accessible to the public".

Even before the Anglo Leasing scandal hit the headlines, Githongo had already crossed swords with the high and mighty in Kibaki’s administration. His office launched investigations against Transport and Communication minister John Michuki. It was alleged that Michuki had granted a waiver to a foreign company represented by his son on crucial telecommunications regulations, enabling it to carry out business locally.

Deal reversed

The company, Siemens Atea Communications Limited, the Belgian Branch of the Siemens Group, had Francis Michuki and Joshua Omino as its local agents. The deal was reversed.

Also in November, when it was rumoured Githongo would be kicked out of State House, he had sent investigators to the port of Mombasa to investigate a controversy surrounding the Kenya Ports Authority’s Sh1.5 billion cranes tender which had been extended to accommodate a local bidder. The tender contract was cancelled, causing great embarrassment to Cabinet ministers Michuki, Dr Mukhisa Kituyi and Prof Peter Anyang’-Nyong’o, who came out fighting.

Diplomatic missions reacted sharply last year when it was reported that Githongo was supposed to be moved from State House. Many of them warned that moving Githongo would hurt Kenya’s image.

It now appears that the Anglo Leasing scandal has touched more powerful forces within the government than initially thought and having Githongo in State House was proving to be a risk that Kibaki’s inner circle was not willing to take. Relations with some of President Kibaki’s State House aides remains frosty.

Githongo movement and return is likely to be seen as the product of the powerplay between those who want him brought to heel and those who see in him the glimmer of hope for the crusade against corruption that is simmering under the Narc administration.

The initial diplomatic response is evidence that suspicions are still high about the motives of powerful forces accused of corruption that were largely untouched by the reshuffle.

But even so, Githongo’s own achievements since his appointment 18 months ago remain largely modest. Many are those questioning his inaction in the face of clear evidence of corruption or abuse of office such as the series of Anglo Leasing cases. Conclusions are being drawn that he is not capable of investigating some forms of corruption, especially the kind that appears to be sanctioned or enjoy the patronage of to politicians.

It may well be that the only way to effectively fight corruption is from outside Government and nothing short of an independent body like the Kenya Anti-Corruption Commission can tackle the vice.

Alternatively, the Government may as well be kill two birds with one stone by appointing Mr Githongo the director of the Kenya Anti Corruption Commmission.

Copyright © 2004 . The Standard Ltd