CHALLENGING OUR CHATTERING CLASSES

[miguna]

A CHALLENGE TO THE CHATTERING CLASSES - STAND UP AND BE COUNTED
By MIGUNA MIGUNA* - © 16 January 2006

This is a challenge to our journalists, writers, intellectuals, thinkers and lawyers. It is also a challenge to our religious leaders and members of Kenya’s civil society. I don’t intend it to be a challenge in the negative sense. It is a positive nudge, a summon or a kick in the butt (as it were) for our chattering classes to re-examine their pretensions and commitments to our national good. It is aimed at provoking them into patriotic action in defense of our democratic space, freedom of speech, association and the upholding of the primacy of the rule of law in our society.

I have always been amazed by the level of political lethargy exhibited by most members of our chattering classes. They have mostly failed to interrogate and diligently pursue a plethora of scandals that have become permanent features in our national landscape.

From the mysteries and unanswered questions surrounding both the Goldenberg to Anglo Leasing scandals. From the unresolved brutal murders of Dr. Robert Ouko and Dr. Crispin Odhiambo Mbai to the recent Mafia-style slaying of a senior Criminal Investigations Division (CID) officer in Mombasa. From the grumblings and rumblings surrounding the sudden meteoric rise and fall of Christopher Murungaru to the frightening and shameful intrigues around the cocaine haul. From the salacious allegations of bad debts, bounced cheques and sales of non-existent real estate surrounding Paul Muite to those swirling around many senior government officials in this and the previous regimes.

Almost every single important political, professional and business actor in Kenya has been rumoured to have been engaged (or continues to be so involved) in some sort of unsavory act (ranging from the never mentioned conflicts of interest situations to suspicious land “deals”), yet we rarely hear or read comprehensive reports about them in the media. It is as if these unethical activities are forever condemned to the bar-room rumour mills. Where have our chattering classes been?

Our country is full to the brink of exploding with so many stories, credible rumours and leads about grand corruption, public theft, government orchestrated lootings, political murders, gun and drug running, that it is actually frightening to see that our newspapers, radios and TV stations sometimes claim to have nothing interesting to cover. Apart from occasional insightful investigative reports of a few courageous reporters, our media barons and practitioners are more contented with the daily renditions of uncritical political buffoonery rather than detailed and comprehensive exposes.

It is not because members of Kenya’s chattering classes are less intelligent or poorly trained. We have some of the brightest professionals in this country. Neither is it because it is “dangerous” to pursue these scandals in Kenya. Kenyans have very capably managed to create, expand and claim significant democratic space in that regard. What we have truly lacked are brave, consistent, committed and focused individuals or groups that are prepared to make it their sole work to investigate, expose, relentlessly and diligently pursue each and every scandal that robs our country of its resources, reputation and the ability to establish firm, transparent and functioning institutional structures.

It is shocking that with all the scandals that we are aware of – involving politicians, senior civil servants and members of the crème de la crème - our lawyers spend more of their time chasing after politicians for hand-outs rather than filing cases and litigating them in court. It is a shame that our preachers attend more political functions than requiems of indignation against the evils in our society. It is indeed a national catastrophe that leading internationally-acclaimed writers and scholars such as Ngungi Wa Thiong’o and Ali Mazrui have never raised their eloquent voices and sharp and lethal pens against these tragedies. It is disgraceful that our civil society activists write proposals for non-existent programs for international agencies rather than getting their manicured hands dirty in local national affairs.

I have read with horror the report from the Kenya National Commission on Human Rights (KNHC) that the government spent about Sh800 million in purchasing gas-guzzling vehicles for its Cabinet ministers in the past two years as millions of Kenyans are facing hunger, starvation and homelessness.

It was both abominable and disgraceful for my friend PLO Lumumba to try and justify the squandering of Sh4.3 billion during the scandalous constitution review process. Whereas a few CKRC commissioners might have conducted themselves with decorum, it is a fact that the majority of them approached their roles with greed, opportunism and lack of ethical integrity. It is also a foregone conclusion that the process failed to produce the desired and necessary result. Subsequently, it makes no sense for anyone to claim that the collection and collation of our views and the preparation of the Bomas Draft could have been worth the Sh4.3 billion spent. It does not matter how many PhD holders were involved in the process.

I am horrified that the Parliamentary Inquiry into the death of Robert Ouko, the Goldenberg Inquiry, the Ndung’u Land Commission and many other “commissions” have squandered billions of tax payers’ money only for their reports to be withheld, concealed or discarded and forgotten. It was very painful for me to read reports in the local media indicating that Justice Bosire completed preparing his report in September 2005, but that he has been unable to “deliver it to President Kibaki” because of political interference.

State House is a public facility and Justice Bosire – like Raila, his ODM contingent or any other Kenyan– should have free access to it at any time. Similarly, Kibaki is the president of all Kenyans irrespective of their political affiliations, economic class, religious beliefs, ethnic or regional origin. There should be no bureaucratic roadblocks in accessing both.

Even more annoying is the report that Chris Murungaru, Musalia Mudavadi and Chris Okemo have been summoned by the Kenya Anti Corruption agency for “questioning” over the Goldenberg scandal. Several questions beg answers here: Why not release the full Goldenberg Report to the public before taking action so that Kenyans may know the basis of any such actions or whether the action being taken are adequate? In view of the acknowledged position of Professor George Saitoti in the previous government, why has he not been summoned as well? If the Goldenberg Report has not been released, where did Ringera find the evidence on which the summons were issued? If Ringera has enough evidence on which to issue summons, why did he not simply proceed with the prosecutions against those involved? And why has David Mwiraria and Moody Awori not received summons on the Anglo Leasing scandal? What purpose do these selective summonses serve?

Although a few courageous journalists have been playing their proper roles gallantly, the majority have seemed contented with merely reporting the news as if journalism was some sort of regurgitative mechanical operation. The few like Otsieno Namwaya of the East African Standard and David Ochami of the Kenya Times (these are just examples) have recently shown their journalistic mettle and confirmed that one of the central roles of our scribes is to challenge the centres of power.

By fearlessly undertaking investigations and publishing critical exposes about the various political issues, these journalists have made significant contributions to the expansion of the democratic space, opened up new democratic frontiers and challenged our political leaders to be (more) accountable.

When or if we challenge and expose the centres of power consistently, the general population gets properly informed and better armed with more lethal ammunition with which to continue their struggle for good governance. The resulting interactions or peaceful “confrontations” between the governors and the governed lead to the creation of more democratic tolerance and eventually establish well desired institutional checks in our society.

I am very disappointed that there have been no national uproars and consistent follow-ups from our chattering classes over the revelation that the constitution review process swallowed Sh4.3 billion; that the Goldenberg and Ouko Inquiries squandered yet more billions; that the Anglo Leasing Scandal siphoned off even more billions; and that the government has spent Sh800 million to purchase Cabinet ministers new vehicles in the last two years, leave alone the cost of their maintenance, the price of fueling them and other attendant government waste. These are huge sums of money by any standards. They are debts Kenyans have been forced to incur in order to maintain the preposterous ostentatious and obscene lifestyles or tastes of our national thieves.

It is high time our chattering classes stood up to be counted in exposing, condemning and routing these scandals once and for all.
______________________________________________________________________

*The writer is a Barrister & Solicitor in Toronto, Canada

[abdulmote]

Congratulations miguna for a job well done! I liked what I have read in your post above, although I find your list of addressees a little bit restrictive and 'off-putting' to some should they find themselves excluded in the same. However, I think it needs not be and perhaps everyone should be encourage to assume what I perceive to be every one's role, that of calling to accountability all those who may have breached the laws of the land in some way or another, or even as it may be, simply fouled our public morals through their dishonest acts or something like that.

Incidentally so to speak, I am pleased to note that your opinion as expressed above assumes almost similar path to mine as can be seen in some of my writings as evidenced in my other threads, that of "challenging" and "nudging" others to gather the courage of "interrogating" our "centres of power" that the truth may be known. But disappointingly I am sorry to remark just as well, that I find your line of issues raised, only again limited in their scope as can be seen above, in that you have perhaps for one reason or another left out some other critical issues which may also deserve to be tackled head-on!

OK, what you have attempted to do above is certainly excellent in its own class! Challenging all those whom you have, to be bold enough either against their own sub-consciously embedded cultures of not-finding-fault-enough as it were, in the many "plethora of scandals" that have engulfed our beloved mother nation, thereby influencing their inherent silence. Or perhaps and very probably so, as a reflection of their own individual and the now almost 'customary-tendencies' which can only be attributed to selfishness, corruption and greed, hidden beneath their otherwise eloquent personalities!

The plain and simple truth is as you have correctly observed above, which is almost scandalous in itself (not the observation but its contents!), that those listed above are heavily immersed in what I would like to perceive as some sort of a 'conspiracy of silence', against otherwise some very obvious, and indeed very serious issues and "scandals" engulfing our nation! I mean here you are talking of matters affecting our everyday lives in such a big style, it is un-imaginable and logically unexplainable that those positioned with the ability to comment will simply sweep the same under the carpet, and pretend as if absolutely nothing has ever happened! And this is what I keep on repeating time and again, and in fact it has also been occupying the centre of my thoughts on issues concerning Kenya, to a degree that I can only see the necessity of its relevant and corresponding 'attitude-change' as the only and the most important remedy which can cure the root cause of our perennial national miseries as a whole!

But again I should repeat and clarify that the above behaviour is certainly not at all restricted to limited important matters and issues you have listed above. Rather in my opinion and critically so, it is a behaviour that is certainly reflected in almost every other public and political issue affecting Kenyans as can be seen day in day out! And by spreading such a blanket condemnation of the said behaviour and attitude, I mean to include all those matters and issues pertaining to either side of our political divide just as well, whether be it on the ODM and its reluctance to take Kibaki by the horns in relation to the Const. review, or whether Kibaki is abusing Kenyans by actively invoking the very same Constitution Kenyans have tried to reject on their very lives time and again.

But this disgusting behaviour as we are trying to observe here is certainly well spread than many can dare imagine or say! Fact is and if we are to search closely, even we ourselves may find ourselves taking 'partisan' stand and 'position' in one issue or another, due to our own compromised integrity and interests! Fact is many a times we tend not to want to respond to some very obvious and important issues, simply because we may perceive them to touch upon our very personal and close interests, and so desire to "sweep them under the carpet", and wish that they may not be attended to and so be forgotten!

But this is the challenge. In fact I dare say, almost the entire necessary and extremely very important challenge. The challenge that all should look around themselves and be willing and ready to critically view and analyse their own position first in relation to others, as far as honesty and integrity is concerned, before we even dare open up our 'mouths' and start shouting against others in condemnation of their own! It is certainly an important and critical challenge that we have to take very seriously, and indeed couregeously exert every effort we can master that all Kenyans may eventually take it, and so bring about the cause to the very necessary change in our personal and collective attitude as necessary and un-forfeit-able ingredients in our lives. It is, the way I see, the challenge that provides us with the only and absolutely necessary route, to the transparent and accountable Kenya we all seem to so much desire!

Amen!

[miguna]

Abdulmote,

I heard you.

The article was specifically addressed to the "chattering classes." However, the terms "thinkers" and "intellectuals" would certainbly go beyond the "chatterers;" wouldn't you agree? Anyway, others may address any other group(s) that need to be addressed. The same applies with the "issues" mentioned in the article. This was never intended to be a "seminal piece."

Also, the newspaper I prepared it for (KT, where it appears twice under 2 headings - I believe in error) has a restriction of 1200 words. I sometimes go over a little bit, but anything beyond 1250 gets cut off. There is only so much one can cram into such limited space....

[unedited]
-Miguna-

[abdulmote]

miguna, what do you mean by "seminal piece"? The Cambridge dictionary-on-line tells me that the word "seminal" means 'important'! You mean your writing above was not meant to be 'important'? If that be the case then, what is? I don't understand you here. Eti "it was never intended to be a 'seminal piece'". All you needed to do was to acknowledge the fact that the 'silence' as we can observe, is indeed a reflection of corrupt attiudes as laid in the corrupt 'principles' within the minds of the bearers as I have attempted to explain above! I have to 'check' you, you see.

Going back to my original comment, my criticism on your 'list', was meant to say that I find it somehow 'elitist'! Now that is a rather intimidating and uncomfortable proposition to me. I would rather imagine that every individual who can access your writings, 'elite' or not, is also warmly invited to declare one's thinking on these pages. Did you notice the 'flurry' of 'responses' coming through so far? Hardly any. Just me and you tugging each other and creating something for some to think about.

But I ask myself, "why such an eerie silence"?

And the answer appears to be freightening! Either what we are talking about here is completely rubbish, or nothing here is worthy of a response. But can you imagine that to be the case?

I don't.

[miguna]

Abdulmote,

When I don't respond, you say I've dismissed you. When I do, you complain about others not having commented. I don't post my writings here for any one person. Neither do you - I hope.

I take solace on the fact that we have placed pieces by Yash Pal Ghai and Raila Odinga here, for example, without much "traffick" or "comments." I hardly place any significance to the amount of comments or responses as proof of anything really. People are free to read posts without comments - it doesn't mean they agree or disagree with it, at least to me. And even if they don't agree, it does not mean that they are right or the writing is rubbish. As for all those other names, adjectives - whatever you want to call that piece, please be my guest.

Seminal, in the context I used it (and I hope you will one day start reading things in context in which they are used) means "defining". I hope you will not refer me to the "definition" of "defining" next time.

Enjoy your weekend.

[unedited]

[abdulmote]

miguna bwana! Stop hiding behind the cover of "contexts"! It is true to say that everything has a possible "contextual meaning/s. But any "contextual meaning arrived at, would be the meaning "contextually created" by the power and formula of the words that formulate the sentences.

And if that formulation does not or cannot formulate any particular meaning as can be derived of, then the so called "contextual formation would have resulted in zilCh, and so the only possible meaning to be arrived at, whether making sense or not, would be the literal meaning attached to the words!

Ok, tuache hayo. ;D

Coming to your "challenge to the chattering classes" - stand up and be counted" topic, I say the purpose should be to stimulate debate concerning the important issues touched upon. I do not think it is not sufficiently enough for just you or I to expose such critical thinking to the readers, simply so that they may read it and walk away!

I mean why should they? Just log in, read any posts miguna has chosen to splash for the day, and silently log out without sharing what one would have arrived at as a response? Surely, how un-important have the issues touched upon appeared to be? Is the debate or comments initiated so limited in its scope that all it warrants is a silent response? I don't think so!

I think it is every body's duty and logical response, that the people are stimulated into giving and sharing their thoughts about matters of national importance such as being touched upon here, as a natural and positive, matter-of-cause. Indeed it is my very firm and passionate belief, that it is only when the people of Kenya are going to start engaging themselves actively towards critical and constructive debates on matters such as which are 'sub-consciously' and 'actually' affecting all of them, will the Kenyan nation start to make any genuine progress such as we all seem to desire!

[otieno]

You wrote this just as word reached us that the Daily Nation sunday edition is about to toboa Anglo Leasing ,naming names ,amounts etc..so your challenge was fortuitous or your a clairvoyant,any way as we say in the US,the sh** is about to hit the fan..

[miguna]

Nd. Otieno,

Quite true. I sent it to Wang'ethi Mwangi of the DN, and ALL the Big Guns at both EAS and KT.

The DN knew that sooner rather than later, the s**t was gona crush the roof. They couldn't keep the lid on these things forever...

From what I'm hearing, Githongo has unleashed "detailed" reports on most if not all the "scandals" the DN scratched on the surface. The DN knew that Githogo has distributed his reports widely. He was here in Toronto last week and spoke at a Transparency International event - wherte he mentioned some of these things. Two reports were delivered to Kibaki & Ringera....We can see where the trail leads, with Alfred Gitonga being the main money man. You and I know what that means; don't we?

Anyway, let's watch and see as the squirming and squealing begins. I expect those who believe that "a thief is better than an intelligent man who remains hungry" to swing into their frenzy...soooooooooooon.

Peace. [unedited]
-Miguna-

[otieno]

What makes me especially mad is my sister Gladwell ,was made to resign from TI because these allegation were being held up by Joe Wanjui, a Kibaki ally.I suppose she is lucky because she didn't have to leave like Githongo ,even though shes married to a German citzen and lives mainly in Berlin,but these fools were stealing us blind while mouthing platitudes to the wanainchi yet i fear ,they will get away with it .


To do this in a country that now is asking for donor aid for a famine is really disgusting!

[miguna]

Otieno,

The good news is that we, ordinary Kenyans, know the truth. It does not matter how long it takes; but I strongly believe that one day, justice shall be done. Maybe by that time other thieves like Kibaki would be dead, but still there are others who will be alive. Also, their "firms" where most of this loot is "laundered" will still be around. Let's just painstakingly keep our records and score.....Let's not give up. Remember that even Pinochet was finally caught!We have caught these thieves! The only thing remaining is metting out justice...and that shall be done, eventually.


Read on:

www.nationmedia.com/dailynation/nmgcontententry.asp?category_id=1&newsid=65751
________________________________________________________________________
Monday, January 23, 2006

How key ministers tried to cover up cash scandal

Story by NATION Team
Publication Date: 1/23/2006

Cabinet ministers made spirited efforts to try to stop investigations into Anglo Leasing-type scandals, warning the probe could bring down President Mwai Kibaki’s Government because some of the President’s key allies and aides were involved, it can be revealed today.


President Kibaki
Vice-President Moody Awori hosted a lunch meeting in May 2004, where those present questioned the need for the inquiry into the passports affair while ministers Kiraitu Murungi and David Mwiraria on different occasions appealed to anti-corruption investigators to "go easy" on companies with multi-million shilling contracts that had been questioned by investigators.

Mr Chris Murungaru, then minister for National Security, the ministry in which the suspect projects were taking place, is reported to have complained to Criminal Investigations Department bosses, saying investigations were making the Government look bad.

The d**ning account of what appears to have been a corruption cover-up attempt is contained in a 31-page dossier compiled by former anti-corruption czar John Githongo, which has been submitted to the director of the Kenya Anti-Corruption Commission, Mr Aaron Ringera.


Mr Awori
Speaking in Oxford, England, to the Associated Press news agency yesterday, Mr Githongo alleged that past and present Cabinet ministers had admitted to him they were behind a multi-million dollar fraud, and that President Kibaki knew about it.

He released to journalists a dossier he said he submitted late last year to the President and to Kenyan anti-corruption agents detailing his investigation and conversations with the ministers and with President Kibaki about the fraud.

Mr Githongo said President Kibaki "knew about it all along", and he expressed regret about waiting so long to speak out.

He added: "The proximity to power sucks you in. It changes you, not always for the better."

Mr Githongo’s dossier, which covers the months before his departure from the Government – and from Kenya – names senior figures in the Government who allegedly took part in the scam, its cover-up, or both.

He said while the Government may not act on his dossier, it could add momentum to a drive to hold politicians accountable that he says was typified by Kenyan voters’ rejection of a new Constitution in last November's referendum.

"I’m under no illusion that my coming forward is going to change anything overnight," he added. "Kenyans, in their own quiet way, will say, ‘This simply confirms what we knew, what we’ve been hearing, and we’re going to make these fellows pay."

Mr Githongo's dossier corroborates the findings of a long-term Nation investigation into questionable multi-million shilling deals, including the Anglo Leasing scandal.


Mr Murungi
At least Sh1 billion of these payments was refunded between June and August, 2004 when the media and anti-corruption authorities questioned the deals.

Evidence available to the Nation shows that a series of meetings were held in May and June 2004, involving Mr Murungi, Mr Mwiraria, Mr Murungaru and Mr Awori to impress on Mr Githongo, then Permanent Secretary for Ethics and Governance, the possible impact of uncovering people in the Kibaki administration behind Anglo Leasing-style contracts.

Mr Githongo has confirmed that he was urged more than once to limit investigations being carried out by KACC.

There was even an attempt to blackmail him by a Cabinet minister over a legal dispute involving a member of his family. Mr Githongo refused to cooperate and informed the minister that the issue would be handled by the family’s advocates.

Records show that at the height of media coverage of the Anglo Leasing scandal, Vice-President Awori hosted a lunch at his home in Muthangari, Nairobi, attended by three ministers at which those present questioned the need for an investigation into the passports affair since the VP had already issued a Parliamentary statement on the matter.

The lunchtime discussion, held on May 4, 2004, came four weeks after Mr Awori had surprised Kenyans with his defence of a Sh2.7 billion contract to Anglo Leasing and Finance Company to provide a tamper-proof passport issuing and immigration control system.


Mr Murungaru
Anglo Leasing would later turn to be a phantom company, non-existent in the British addresses it listed in contract documents, while government officials refused to reveal the identity of its directors, who were not named in official records.

Wired back

Some Sh90 million it had already received when the scandal became public was mysteriously wired back to the Treasury when the questions persisted.

The passport tender had been started by the Moi Government in November 2002 but was left hanging after a shortlisting of three international bidders when Kanu vacated office following the General Election that year.

When Narc came into office in 2003, the Treasury in May nullified the shortlist of internationally reputable companies – GET Group of USA, face Technologies of South Africa, and De La Rue of Britain – and replaced the Sh800 million passport system proposed by the Immigration Department with a larger state-of-the art facility costing Sh2.7 billion.

Civil Servants working under Finance minister David Mwiraria altered the project citing security concerns and the fight against terrorism.

The move set the stage for the entry of Anglo leasing, which almost immediately submitted an unsolicited bid for the expanded system, had it accepted by the Government and subcontracted the French security printing firm, Francois Charles Oberthur Fiduciaire.


Ringera
Government officials would later claim they did not know the directors of Anglo Leasing. Checks by the media and Anti-Corruption officials suggested the company was fictitous – it was not registered in Britain as claimed in contract forms and neither did it operate from the Liverpool address it had listed nor was it to be found in Switzerland, which it claimed to be its home base.

A Mr Guring, who had publicly presented himself as its managing director, did not make himself available to anti-corruption detectives who flew to Europe to interview him and has never been seen.

But it was the emergence of yet another questionable contract held by the same company which sent a wave of panic through the top ranks of government, sparking an attempt at a cover-up.

Anglo Leasing had been contracted by Moi officials in 2001 to build and equip three forensic laboratories for the CID at Sh4 billion. Having been paid Sh72 million as commitment fee by the Kanu regime, it managed, when Narc came to power, to obtain another Sh152 million from the Kibaki administration in Narc's early months even though no work had been done on site.


Mr Muthaura
News that Finance minister Mwiraraia had set aside another Sh464 in the 2004 Budget to pay for non-existent laboratories only fuelled demands for the identity of the people behind Anglo leasing to be revealed and suspicion of a plot to loot public funds.

Now the Nation has established that, as inquiries in early 2004 exposed a string of deals involving Anglo Leasing and other similar contracts, a campaign was launched by the President's inner circle to slow down or stop the KACC investigations.

With the media daily splashing details of the Anglo Leasing affair on its front pages, the head of the civil service, Mr Francis Muthaura, appeared to doubt KACC's legal authority to carry out the passports investigation. Sources say that some time in May, 2004, he gave the opinion that the Anti-Corruption and Economic Crimes Act was defective because it gave too much power and independence to KACC.

Cash-strapped

The Nation has established that on May 2, he was heard to complain to a State House official involved in the Anglo Leasing investigation that such scandals should not be rushed to the anti-corruption body but should be looked into "administratively" first. He argued that the frauds were best handled by the Efficiency Monitoring Unit, a cash-strapped but audit-driven department which looked into abuse of resources within the government and the controller and auditor general.

At a meeting held on May 20,2004, records show, Mr Murungi tried to quash investigations into the Sri Lankan businessman in the controversial purchase of a Sh4.1 billion naval ship being built in Spain.

Mr Anura Perera, whom ministers associated with an international firm called Euromarine, had been targeted by investigators looking into a Kenya Navy order for a ship in a deal questioned by anti-corruption investigators.

The Navy ship deal fell under Mr Chris Murungaru’s docket at the President's Office.

Sources have told the Nation that a State House official with interest in the contract had been pestering minister Murungi and another Cabinet member to rein in an anti-corruption team questioning the tender and scrutinising accounts at Equatorial bank, Nairobi.

Pressure on Finance minister David Mwiraria to resign for signing the passports contract and approving payments to Anglo Leasing in mid 2004 caused alarm over the scandal's possible toll on ministers and government officials close to President Kibaki.

Permanent Secretary Joseph Magari had been suspended in May, with the real prospect of being charged in court, an outcome few in Kibaki's inner circle welcomed.

Coming on the heels of Mr Matere Keriri's removal as State House Comptroller due to a dispute with First Lady Lucy Kibaki in early 2004, Mr Kibaki's inner circle was was feeling weakened.

Mr Murungi, alarmed by the direction that investigations into the Anglo Leasing type deals were taking, remarked to a freind: "You know, akina Magari have gone home and if we go further, we cannot really afford to sacrifice people like Mwiraria. We are no longer treating the patient, we are cutting off the head!"

People involved in the corruption crackdown recall him remarking, in a similar vein, that after the removal of Mr Keriri from State House it would be suicidal for the Kibaki team to allow Mr Murungaru and others to be pushed out of government.

Records seen by the Nation suggest a similar hesitation over Anglo Leasing investigations by Finance Minister David Mwiraria, who bore the brunt of public criticism for setting aside Sh446 million to pay for non-existent CID laboraties financed by Anglo Leasing. He told key officials that the investigations should stop since the money paid to Anglo leasing money had been returned.

At least two officials, a permanent secretary and Mr Murungi, told Mr Githongo that Minister Murungaru was unhappy about his investigations into defence contracts.

Panic at the highest level of the Narc Government about the exposure of Anglo Leasing was underlined by a statement issued from Mr Muthaura’s office on June 4, which claimed no permanent secretary or minister was involved in handling the CID forensic labs contract with Anglo Leasing. In truth, the Government had uncovered crucial information which raised questions about the conduct of top civil servants in the issue.

The Nation has learnt that in May Mr Githongo received a warning that his life was in danger because of the investigations that he was conducting into the Anglo Leasing-type deals.

-----------------------------------------

How key ministers tried to cover up cash scandal

Story by NATION Team
Publication Date: 1/23/2006

Cabinet ministers made spirited efforts to try to stop investigations into Anglo Leasing-type scandals, warning the probe could bring down President Mwai Kibaki’s Government because some of the President’s key allies and aides were involved, it can be revealed today.


President Kibaki
Vice-President Moody Awori hosted a lunch meeting in May 2004, where those present questioned the need for the inquiry into the passports affair while ministers Kiraitu Murungi and David Mwiraria on different occasions appealed to anti-corruption investigators to "go easy" on companies with multi-million shilling contracts that had been questioned by investigators.

Mr Chris Murungaru, then minister for National Security, the ministry in which the suspect projects were taking place, is reported to have complained to Criminal Investigations Department bosses, saying investigations were making the Government look bad.

The d**ning account of what appears to have been a corruption cover-up attempt is contained in a 31-page dossier compiled by former anti-corruption czar John Githongo, which has been submitted to the director of the Kenya Anti-Corruption Commission, Mr Aaron Ringera.


Mr Awori
Speaking in Oxford, England, to the Associated Press news agency yesterday, Mr Githongo alleged that past and present Cabinet ministers had admitted to him they were behind a multi-million dollar fraud, and that President Kibaki knew about it.

He released to journalists a dossier he said he submitted late last year to the President and to Kenyan anti-corruption agents detailing his investigation and conversations with the ministers and with President Kibaki about the fraud.

Mr Githongo said President Kibaki "knew about it all along", and he expressed regret about waiting so long to speak out.

He added: "The proximity to power sucks you in. It changes you, not always for the better."

Mr Githongo’s dossier, which covers the months before his departure from the Government – and from Kenya – names senior figures in the Government who allegedly took part in the scam, its cover-up, or both.

He said while the Government may not act on his dossier, it could add momentum to a drive to hold politicians accountable that he says was typified by Kenyan voters’ rejection of a new Constitution in last November's referendum.

"I’m under no illusion that my coming forward is going to change anything overnight," he added. "Kenyans, in their own quiet way, will say, ‘This simply confirms what we knew, what we’ve been hearing, and we’re going to make these fellows pay."

Mr Githongo's dossier corroborates the findings of a long-term Nation investigation into questionable multi-million shilling deals, including the Anglo Leasing scandal.


Mr Murungi
At least Sh1 billion of these payments was refunded between June and August, 2004 when the media and anti-corruption authorities questioned the deals.

Evidence available to the Nation shows that a series of meetings were held in May and June 2004, involving Mr Murungi, Mr Mwiraria, Mr Murungaru and Mr Awori to impress on Mr Githongo, then Permanent Secretary for Ethics and Governance, the possible impact of uncovering people in the Kibaki administration behind Anglo Leasing-style contracts.

Mr Githongo has confirmed that he was urged more than once to limit investigations being carried out by KACC.

There was even an attempt to blackmail him by a Cabinet minister over a legal dispute involving a member of his family. Mr Githongo refused to cooperate and informed the minister that the issue would be handled by the family’s advocates.

Records show that at the height of media coverage of the Anglo Leasing scandal, Vice-President Awori hosted a lunch at his home in Muthangari, Nairobi, attended by three ministers at which those present questioned the need for an investigation into the passports affair since the VP had already issued a Parliamentary statement on the matter.

The lunchtime discussion, held on May 4, 2004, came four weeks after Mr Awori had surprised Kenyans with his defence of a Sh2.7 billion contract to Anglo Leasing and Finance Company to provide a tamper-proof passport issuing and immigration control system.


Mr Murungaru
Anglo Leasing would later turn to be a phantom company, non-existent in the British addresses it listed in contract documents, while government officials refused to reveal the identity of its directors, who were not named in official records.

Wired back

Some Sh90 million it had already received when the scandal became public was mysteriously wired back to the Treasury when the questions persisted.

The passport tender had been started by the Moi Government in November 2002 but was left hanging after a shortlisting of three international bidders when Kanu vacated office following the General Election that year.

When Narc came into office in 2003, the Treasury in May nullified the shortlist of internationally reputable companies – GET Group of USA, face Technologies of South Africa, and De La Rue of Britain – and replaced the Sh800 million passport system proposed by the Immigration Department with a larger state-of-the art facility costing Sh2.7 billion.

Civil Servants working under Finance minister David Mwiraria altered the project citing security concerns and the fight against terrorism.

The move set the stage for the entry of Anglo leasing, which almost immediately submitted an unsolicited bid for the expanded system, had it accepted by the Government and subcontracted the French security printing firm, Francois Charles Oberthur Fiduciaire.


Ringera
Government officials would later claim they did not know the directors of Anglo Leasing. Checks by the media and Anti-Corruption officials suggested the company was fictitous – it was not registered in Britain as claimed in contract forms and neither did it operate from the Liverpool address it had listed nor was it to be found in Switzerland, which it claimed to be its home base.

A Mr Guring, who had publicly presented himself as its managing director, did not make himself available to anti-corruption detectives who flew to Europe to interview him and has never been seen.

But it was the emergence of yet another questionable contract held by the same company which sent a wave of panic through the top ranks of government, sparking an attempt at a cover-up.

Anglo Leasing had been contracted by Moi officials in 2001 to build and equip three forensic laboratories for the CID at Sh4 billion. Having been paid Sh72 million as commitment fee by the Kanu regime, it managed, when Narc came to power, to obtain another Sh152 million from the Kibaki administration in Narc's early months even though no work had been done on site.


Mr Muthaura
News that Finance minister Mwiraraia had set aside another Sh464 in the 2004 Budget to pay for non-existent laboratories only fuelled demands for the identity of the people behind Anglo leasing to be revealed and suspicion of a plot to loot public funds.

Now the Nation has established that, as inquiries in early 2004 exposed a string of deals involving Anglo Leasing and other similar contracts, a campaign was launched by the President's inner circle to slow down or stop the KACC investigations.

With the media daily splashing details of the Anglo Leasing affair on its front pages, the head of the civil service, Mr Francis Muthaura, appeared to doubt KACC's legal authority to carry out the passports investigation. Sources say that some time in May, 2004, he gave the opinion that the Anti-Corruption and Economic Crimes Act was defective because it gave too much power and independence to KACC.

Cash-strapped

The Nation has established that on May 2, he was heard to complain to a State House official involved in the Anglo Leasing investigation that such scandals should not be rushed to the anti-corruption body but should be looked into "administratively" first. He argued that the frauds were best handled by the Efficiency Monitoring Unit, a cash-strapped but audit-driven department which looked into abuse of resources within the government and the controller and auditor general.

At a meeting held on May 20,2004, records show, Mr Murungi tried to quash investigations into the Sri Lankan businessman in the controversial purchase of a Sh4.1 billion naval ship being built in Spain.

Mr Anura Perera, whom ministers associated with an international firm called Euromarine, had been targeted by investigators looking into a Kenya Navy order for a ship in a deal questioned by anti-corruption investigators.

The Navy ship deal fell under Mr Chris Murungaru’s docket at the President's Office.

Sources have told the Nation that a State House official with interest in the contract had been pestering minister Murungi and another Cabinet member to rein in an anti-corruption team questioning the tender and scrutinising accounts at Equatorial bank, Nairobi.

Pressure on Finance minister David Mwiraria to resign for signing the passports contract and approving payments to Anglo Leasing in mid 2004 caused alarm over the scandal's possible toll on ministers and government officials close to President Kibaki.

Permanent Secretary Joseph Magari had been suspended in May, with the real prospect of being charged in court, an outcome few in Kibaki's inner circle welcomed.

Coming on the heels of Mr Matere Keriri's removal as State House Comptroller due to a dispute with First Lady Lucy Kibaki in early 2004, Mr Kibaki's inner circle was was feeling weakened.

Mr Murungi, alarmed by the direction that investigations into the Anglo Leasing type deals were taking, remarked to a freind: "You know, akina Magari have gone home and if we go further, we cannot really afford to sacrifice people like Mwiraria. We are no longer treating the patient, we are cutting off the head!"

People involved in the corruption crackdown recall him remarking, in a similar vein, that after the removal of Mr Keriri from State House it would be suicidal for the Kibaki team to allow Mr Murungaru and others to be pushed out of government.

Records seen by the Nation suggest a similar hesitation over Anglo Leasing investigations by Finance Minister David Mwiraria, who bore the brunt of public criticism for setting aside Sh446 million to pay for non-existent CID laboraties financed by Anglo Leasing. He told key officials that the investigations should stop since the money paid to Anglo leasing money had been returned.

At least two officials, a permanent secretary and Mr Murungi, told Mr Githongo that Minister Murungaru was unhappy about his investigations into defence contracts.

Panic at the highest level of the Narc Government about the exposure of Anglo Leasing was underlined by a statement issued from Mr Muthaura’s office on June 4, which claimed no permanent secretary or minister was involved in handling the CID forensic labs contract with Anglo Leasing. In truth, the Government had uncovered crucial information which raised questions about the conduct of top civil servants in the issue.

The Nation has learnt that in May Mr Githongo received a warning that his life was in danger because of the investigations that he was conducting into the Anglo Leasing-type deals.

[otieno]

Thank You ! The cocaine scandal also intrigues me as i suspect these same hands were involved.One of the accused,Davis Gachago is an old friend and many moons ago my dad represented his dad in a case so i was wondering why/how he got caught up in such a stupid drug deal?

Do you think any of this will come to light,considering the recent judges action stopping the prosecution after the goverment failed to preent an important witness in a timely manner? Is the fix in?

[aeichener]

The KACC is certainly not happy about having to refer their cases to a judiciary of which 2/3 are corrupt themselves and 1/3 are incompetent (with some overlap).

The so-called "special magistrates" for corruption cases are a sham, and 100 % dysfunctional (read the ICJ report published in late autumn of last year). There is a fix of course, "Otieno" (whoever you are), and the KACC is aspiring to such a fix, but it is a dangerous path.

Alexander

[job]

Miguna,

Help shed some light here.

While many of us realize that Billions have so far been lost through such procurement pilferage, as Anglo-Leasing, the double-speak and inconsistencies in the statements made by the involved government-thugs and robbers is a bit nauseating here.

I'm not pretending to rely on this same government to; "investigate" itself genuinely, take action and report back to the public.

What are the other options and chances for bringing these culprits to book, outside the same system, while they're still in office, besides the more logical step of calling for the resignation of the government?

The public can demand from the Legislature, very specific & clear action, but there has to be more........ Refund of the money, some firing, & possible jail time, of those involved ?

We need to sort out and put in perspective, a clearer picture starting with Githongo's dossier, and Nyong'o's unanswered questions. The court of the public opinion is very important here,........ I don't know the level of confidence & reliance they have in the Murungi-crafted- Judiciary & an equally guilty KACC (deliberately staffed by personal appointees & stooges of the same Wakora)

Help me clarify some of these issues, most of which are purely legal .

In the legislation that created KACC, I thought it was mandated to handle; investigative, prosecutorial, and assets recovery roles? If so, did I not hear from Ringera himself a while back, that he had already forwarded to the AG, (Wako), the completed files for Anglo-Leasing, leading to the prosecution of akina PS -Magari, Mwakio etc.....So what becomes of the REAL Big fish being shielded from prosecution and who really has this prosecution role?

Now if Githongo, who was just a PS incharge of Ethics,....can conduct his own investigations which directly incriminates (with hard evidence), the real "Wakora" Ministers, Veep & President's PA,...then shouldn't there be a more serious call to "charge" this whole KACC entity (it's top people) with something? Can you find a legal term for it,.....since there's definitely a REAL conspiracy HERE.

They're definitely part of the whole game of cover-up,...They're more than just guilty of complicity or negligence. They're part of the conspiracy to defraud the Kenyan public.


What is the extent at which KACC can engage in any REAL assets recovery/restitution of public funds? Does the Economic Crimes Bill (or any other existent law) cover aspects of such recovery, or is it time for a serious MP to draw a Bill detailing such law.

From a political perspective,.....how far can Kibaki act on this (any sacking?, prosecuting?, & demanding of payback?) .........despite the pressure?

His inaction may be more of a solidarity statement .........of course from an equally guilty party, with whom the buck stops.

You realize he has failed to act on the Goldenberg case. He doesn't want to be seen as witch-hunting the last regime while his own has shamelessly stolen much ,.....much more in a shorter period of time.

However, I don't know whether Kenyans will really trust any face saving antics by Lt. Kaguoya,........ he may be assuming that Kenyans don't realize his own personal role in the same Anglo-fleecing.

IF by any chance, he is swayed under public & donor pressure to sacrifice more of his corrupt Ministers, whether Mwiraria, Murungi, Kimunya etc,......he will just be emphasizing one point,..........that he can send you to 'grab" from the candy jar but if you're caught,......"Shauri Yako, die your own death" as Karume once affirmed.

Basically, we need to be thinking beyond this government, if Anglo-Leasing perpetrators are to be brought to book. Any "action" being promised, or "apparent efforts" from this government is just pure hogwash aimed at buying time to cool off public outrage evoked by Githongo's dossier.

The buck stops at State House, and they should be made to pay for ALL the graft & looting. If Kenya is really to change, then,............Can Kibaki just honourably resign and call for fresh polls.

Last but not least, did you guys notice the recent burst in energy by Ringera, trying to flex his prosecution muscles on some "small" fish involved in corrupt Police recruitment,...Relief food distribution,....etc etc......just prior to release of the Githongo dossier,........Notice also the timely "tough stance" in the form of a PR gimmick,... that he was zeroing in on questioning Murungaru, VP Awori, other Ministers, & of-course ex-KANU Ministers.....These billion-costing games must stop folks. Miguna, please find time to offer any other avenues possible, besides the gvt. controlled probes.

unedited.

job

[aeichener]

Job:

1. There are those who are corrupt already, and those who strive desperately for their chance to be corrupted. Sapienti sat.

2. As to the KACC, they are working very hard. The problem is that they are an investigative body, not a court or tribunal. Therefore, good public relations and the subtile handling of the big stick are their main instruments; they work not so much through eventual convictions, but through unearthing and lighting out corruption in many different sectors of state and society, and through a certain sense of apprehension and accountability which they instill now. Roaches flee when hit by the light.

3. But, you will oppose, while the light will scare the roaches, they will return; so the services of a fumigator are still needed. The present instrument (special magistrates' courts as sections within the ordinary court system) has proven to be so inefficient as to be dysfunctional. A sharper tool is conceivable, but - as I said - dangerous. The third possibility would be taking up an old and renowned, but nowadays disused instrument: expatriate judges on contract. Check the name Derek Schofield to gain some insight.

Alexander

[miguna]

Otieno & Job:

I've prepared an article that I will post shortly, dealing with some of the issues both of you raise. So, in order not to show my hand too early as it were, I will not repeat those arguments here. Needless to say, I agree with both of you that the same "wakora" cannot prosecute themselves. In fact, Ringera has a conflicts of interest situation in this case. Ringera was a partner and may still be a "silent" partner of Kiraitu's. Also, the mere fact he/Kacc is reported to have "sought" Kibaki's permission to proceed fatally undermines any "confidence" anyone would still have had on him/Kacc. I personally believe that the Kibaki government should fall on this scandal and a new government should be able to prosecute these crimes. In essence, I pay no attention to the so-called legal or statutory requirements simply because this Kibaki government does not respect any laws.

An independent body (possibly made up of both the LSK and the International Commission of Jurists) could very well be better placed to prosecute these cases. All that is required is for the enabling legislation to be passed if there are no anciliary legislations that such appointments or prosecutions ay be based on or that may authorize the same. It is not always the case that the AG has to personally "prosecute" all cases. Any body so authorized may be able to do so on behalf of the AG's office.

The other problem we may face is getting unadulterated team from any professional group in Kenya to do the job. There are serious fears that almost every practicing lawyer in Kenya has some taint; which then may necessitate inviting an "outside body" or "bodies. [Im'm not prposing anyone; just making suggestions] These are all options.

The Anglo Leasing and other scandals, including the drug menace can be handled the same way.

I'm thinking aloud here. At the end of the day, we don't want this government to deal with these scandals. It will only "cover up." Ringera/Kacc are part of this rotten gvt. and we cannot trust him/them to do anything to get to the bottom of these things.

One final point: the presumption of innocence does not prevent and has never prevented arrests and prosecutions. All that is needced for the wakora to be arrested, charged & prosecuted are "reasonable beliefs" that crimes have been committed. The lunatics claiming that we need to "investigate" further before charging the wakora are just that - lunatics. We have more than enough evidence, in my view, to send these wakora to jail for 40+ years each!

[unedited]
-Miguna-

[job]

Miguna,

I expect to read it.

Note too that if you revisit the history of the appointment process of KACC top officials you will notice exactly what Otieno Kajwang said "that the appointees are simply being planted to shield the current NARC looters"........ hence;

Director-General.............Justice Aaron Ringera,...Kiraitu's law partner & shield as you said
Deputy director-(Investigations)- John Mutonya,...Chris Murungaru's bossom friend & protector
Deputy director (research) - Smokin Wanjala-Kombo & Kituyi's stooge & informer
Deputy director Fatuma Sichale- another Banana hireling once used as a Bomas saboteur

The only missing name is that of Dr. Julius Rotich the man whose name was initially included in the list to dupe KANU MPs into endorsing the above named protectors of future Anglo-Fleecers in parliament.

Some KANU MPs fearing politically motivated investigative witch-hunt, easily fell prey to Murungi's tricks and blindly offered support to his nominees.

After the "successful" vote, Kibaki flatly & unconstitutionally, rejected the appointment of Dr. Julius Rotich, a pawn just used to lure KANU MP's parliamentary support,.......then dumped before the actual appointment.

Kibaki of course knew that Rotich is close to Dr. Sally Kosgey & the former KANU regime insiders,.... and wouldn't be trusted with insider information on current looting. KANU was duped, used and dumped,...end of story.

The Kenyan public must refuse to be DUPED, USED & DUMPED, as public coffers are emptied into pockets of "andu aitu" tribalists and their loyal sycophants.

When the dust will settle, those blind loyalists including Kombo, Ngilu & others, will have to account for a lot & even pay the price for other peoples faults, under this regime. But the Anglo-Fleecers are not running anywhere.

Alexander,

On your statements;

1) Right,....... there are already corrupt elements, and those desperating waiting to be corrupt,.......however, there are also those who do not intend to be corrupted,.... and still, those who intend to genuinely fight the corruption,......That's now....... Sapenti sat,.. as you remarked.

2) On KACC working "really hard" with their "big stick",.....and "shining light on the Roaches",....being "just an investigative body",..."not a court or tribunal",......etc etc etc,..........I have NO COMMENT for that particular bottomline.

What I know is that Githongo, Foreign Diplomats, Nyong'o & the Daily Nation have "shone the only realistic light on the roaches so far",........i.e done more to unearth corruption almost on pro-bono basis, than the public-sponsored, billions-costing KACC.

3) On special magistrates courts,.....it could just be another appendage of Kiraitu Murungi's fake Judiciary, made by and for their own benefit. Time will tell.

Folks,

I noticed too that there is actually a clause in that much publicized Anti-Corruption & Economic Crimes Law (by the way,...it's been publicized more internationally, than nationally, for the benefit of Donors ears) that ALL PUBLIC OFFICIALS,.........MUST,.........DECLARE their personal wealth & that of their spouses & children under 18, within 30 days of assuming office , AND within 60 days of LEAVING OFFICE.

So When a former Public official, actually a former Minister, called Chris Murungaru, also under KACC "investigation" authorized by the President, CEASES to be a public official, and his Lawyer, Paul Muite,....... says that calls for him (Murungaru) to declare his wealth
are illegal and unconstitutional etc etc,....... what comes to mind? Muite maybe legally right, but his client is definitely "rotten" on the moral platform.

That same law gives reprieval for those chosing not to declare their wealth,...by punishing them a fine of Shs 2 Million. ......So if I steal 3 Billion while in office and refuse to declare my wealth upon leaving office, ..... and opt instead,..... to pay the 2 million fine,...that's just OK.

Assets recovery & restitution is something Kenyans must vigorously fight for, like the Nigerians previously tried with Abacha's & Co.

To do that, wealth declaration and trail of accounts, laundering, capital flight, etc must all be done. We not only need more legislation, but credible Anti-corruption institutions, staffed by credible non-political appointees, and an Impartial Judiciary. All these might just require a change of government for realization. It is indeed not yet Uhuru.

Anglo-Leasing is just a tip of the iceberg. Collective Public Procurement, by Supplies officers spread across the nation, cumulatively accounted for far greater proportions of corruption than single project deals such as Goldenberg, or even a Phantom Road construction project.

But wait until you know see the preliminary Audits of the heavily funded Free Primary Education Program, (FPEP) then you'll know why some people (heavily benefitting from graft proceeds) are ready to die for this regime.

unedited.

job

[miguna]

Job,

It's there. I hope it sheds some light.....even though lots of it is shing on the Big House on the Hill already.

[aeichener]

Whoever you are, "Otieno"...

otieno said:

What makes me especially mad is my sister Gladwell ,was made to resign from TI because these allegation were being held up by Joe Wanjui, a Kibaki ally.I suppose she is lucky because she didn't have to leave like Githongo ,even though shes married to a German citzen and lives mainly in Berlin

So what about Gladwell Otieno now, today, after all the new revelations of things we long knew? What about her? Why don't we hear anything from her?

Alexander

[aeichener]

Let me ask it in a still clearer way:

Who of the following two persons has become a victim of corruption, and who has - on the contrary - benefitted from it?




Quis ipsos custodiet custodes?

A.