As Agriculture Cabinet Secretary Mithika Linturi battles the impending ouster over ‘FakeFertilizers’ scam, another scandal is brewing over his role around the Agriculture & Food Authority (AFA) new management leadership.

The Campaign Against Illicit Trade & Fake Products (CAITFAP), working with COFEK, has reliably established that a potential conspiracy between Linturi and AFA board Chairman Cornelly Serem saw Dr Bruno Mugambi Linyiru being unprocedurally planted as substantive Director General.

According to Court papers filed by Linyiru, he claims he was appointed as the AFA DG on March 28, 2024 and signed his contract on April 15, 2024. It is unclear why he didn’t report immediately thereafter.

Linyiru holds a PhD in entrepreneurship from JKUAT and is the Secretary of Trade.

AFA has witnessed a succession of five different Acting DGs, with all heads of various directorates serving in an acting capacity throughout this period. AFA’s formation resulted from the amalgamation of former agricultural parastatals under a unified entity – in a move led by then Majority Leader at the National Assembly Aden Duale.

Grace Kyallo has been acting in the position since Willis Audi left.

Confusion reigns high at AFA, this week, as an embattled substantive CEO and a bonafide acting one at the same time raising concern on legitimacy of their transactions.

Yet it has not been so rosy a welcome for the new entrant – more or less a welcome stranger at the AFA DG offices.

Matters for Mr Linyiru are so complicated that a Court order obtained by a petitioner (Jared Abuya) has barred him from assuming his position over allegations of procurement irregularities, in 2015 at Geothermal Development Corporation (GDC).

Against all odds, and what in critics term as ‘high level impunity’ aided by what sources attribute to his ‘cousin’ Linturi, Dr Linyiru still reported to work at AFA offices on Ngong Road, Nairobi.

“It is the very reason I hear contempt of Court proceedings against Linyuru, Serem and Linturi have been activated”, said a source around the petitioner.

Reached for comment, Dr Linyiru declined to comment and only referred us to the appointing authority – in this case CS Linturi and Serem. Our efforts to reach Linturi were unsuccessful as his phone remained off.

Mr Serem confirmed that Linyiru had been competitively recruited and that he was “number one in the interview. He has a valid service contract with AFA. But he is yet to formally commence working”.

Asked what Linyiru was doing at AFA offices this week, Serem said “I am out of the country. I didn’t know if he has reported. Even if he did, there is nothing for him to transact given the handover is yet to be done and no change of bank signatories has not been effected”.

Asked what action he has since taken on being informed that Mr Linyiru was in his office, “I instructed the (Legal Officer) James Kemboi to write to him to immediately comply with the Court order by staying away. Indeed I received a confirmation from Linyiru that he is in compliance”, said Serem.

The Corporation Secretary is also out of country. It is baffling how a new CEO could take over his office without being received by either the Chairman or the Company Secretary. That none of the 12 board members was available to receive the CEO points the deep waters of the raging controversy around the unusual appointment.

HOPS Concurrence

Mr Serem (pictured) confirmed that the Head of Public Service (HOPS) Felix Koskei did not give concurrence nod to Linturi prior to the appointment of Linyiru as per HOPS circular of 2023 on appointment of CEOs of parastatals.

Given the irregularities, Ethics and Anti-Corruption Commission (EACC) had on February 29, 2024 written to Serem declining to give the nod for Linyuru to work as the DG at AFA. It only allowed Christine Rotich and Helen Kemboi to be picked for the job.

Details are scanty as to whether a board meeting or board paper was prepared clearing Linyuru against the EACC advisory. “The fact that Linyiru was charged cannot be cured by any CS or any board. Not even EACC. It must be the Court of law. Precedents are far too many to be ignored”, said a top lawyer who didn’t wish to be named for fear of loss of business with the parastatal.

What we know? The dalliance between Linturi and Serem (who served in Parliament together) is being blamed for the whittling down of governance thresholds at AFA board.

EACC confirmed that Linyiru (pictured) was charged before Nairobi Milimani Anti-Corruption Court vide ACC20/2015 with the offence of willful failure to comply with the law relating to procurement contrary to Section 45 (2) (b) as read with Section 48 of the Anti-Corruption and Economic Crimes Act, 2003.

Other than Serem, AFA has 12 directors namely Joseph Kirubi, Patrick Mugo, Daniel Kitivo, Lucy Maina, Jairus Ombui and Peterson Muthathai. Others are Wachira Kaguongo, Dr Rosebellah Lang’at, Christopher Nkangi, Sara Maina, Harun Khator and Samuel Ngoow.

It is not clear why all these distinguished men and women do not seem to embrace good governance ideals as per Public Service Commission and Head of Public Service circulars in the running of affairs at AFA.

It is rare, by precedents, to find such a bloated board with all yes-men and women who cannot rise against a wrong ministerial directive to the board. The only option is either they could have been scared by their appointing authority (Linturi) and or heavily compensated as inducement.

This could be one reason why sugarcane farmers are complaining of low cane prices. The board appears to take the Kilimo House directives and not the farmers and consumer interest. Farmers have since moved to Court successfully overruling the Sugar Pricing Committee cap of Sh5,100 per tonne to Sh5,900 per tonne.

Millers have since threatened to shut their factories if the prices of raw sugarcane will not revert to Sh5,100.

Other than the issue of the botched employment of Linyiru at AFA, a new management structure described by multiple sources as ‘suspect’ has been cleared by State Corporations Advisory Committee (SCAC).

“Imagine the purported approval came as a CC to AFA in a SCAC letter addressed to the CS Linturi. How do you approve such a drastic change without amending the law, involving staff and key stakeholders who are farmers and consumers?”, quipped a former consultant with AFA – who did not wish to be named for fear it will prejudice her business interests.

The AFA structure introduces 7 directorates of Corporation Secretary, Standards & Trade Advisory Services; Registration & Licensing; Surveillance & Compliance; Public Education & Awareness and Corporate Services. It is not clear who made it and why the Ministry requested SCAC approval without clear involvement of the AFA board in the new organogram.

The new structure is a fatal breach of the Agriculture and Food Authority Act whose focus is on the crops like tea, sugar, tea, coffee among others. It wants to reduce crop heads to being desk officers.

The real AFA not about generic function like it has been proposed. This would negate the essence of an AFA and render farmers and proceeds from farming and the economy to be on the losing end.

Our investigations indicate that the new structure is a scheme by some shenanigans at Kilimo House who want to replace the existing directors with their own cronies – by subjecting those currently acting to compete for their current jobs – as a formality.

Reached for comment, AFA Chairman Serem supported the proposed changes. “How do you have 7 CEOs in one organization? We need one CEO”, he said without elaboration.

Asked about the clear inconsistency with the parent legislation, Serem said “We wanted to have a proposal acceptable to our stakeholders before we move to Parliament for harmonization. We are not implementing the new structure. It will be subjected to parliamentary approval”, he assured.

The National Assembly has a long queue of pending urgent legislation. It is unlikely that such a controversial amendment would be fast-tracked. Even if it did, chances are that it will easily be frozen by a Court injunction.

LINYIRU REPLYING AFFIDAVIT TO EACC – 08052024

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