E-Clips:- Business Pictorial - Anglo Leasing A Test Case For Narc

Despite efforts to fight corruption, the vice persists, especially in government. Our investigative editor MUTEGI NJAU talked with Governance and Ethics permanent secretary John Githongo on various issues on the campaign. QUESTION: You promised Kenyans last year that investigations into the Anglo Leasing scandal would be completed and those implicated prosecuted. What happened?

ANSWER: Most aspects of the investigations were completed last year and the file taken to the attorney-general. It was then felt that the international aspect should be carried out. We sent detectives overseas and their work was also completed and the file is now with the Kenya Anti-Corruption Commission. It should be submitted to the AG by the end of the month.

But going by past records, the AG may choose to delay or refuse to prosecute anybody because, according to the law, he is the one to determine the fate of all prosecutions?

We shall cross the bridge when we get there. But there is considerable political will by this government to deal with this matter conclusively. The Anglo Leasing case is hanging around the neck of this government like a millstone.

We have to deal with it. We have to prosecute it. The AGs office dealt with some of the issues raised by KACC on cases not prosecuted. Many judgments being made over the Governments commitment to the fight against corruption will be determined by how we deal with the Anglo Leasing affair. The Kenyan people are watching us and judging us on this one. We were elected on an anti-corruption agenda and we made big promises.

You are not prosecuting anybody because you cant get the culprits – the big fish?

The file is ready to be taken to the AG. The local arm of the investigations was completed last year. We were ready for prosecution. It was then felt that certain international aspects of the case should be investigated.

Last year, you said you had written to a number of foreign countries, including Britain, the US and Switzerland, seeking help with the investigations. What was the outcome?

The findings of their inquiries have been integrated into the file.

Do you believe any prosecution will take place? Do you anticipate any foreigners to be prosecuted? What about the senior government officials who have so far been sacked because of Anglo Leasing?

The issue of prosecution is outside my purview. But there are those who may resist or may be opposed to the prosecutions. There those who may be opposed to this matter being concluded. Im not going to pretend that these are just people like you and me; they are more powerful.

This is a test case for us as an administration. But Im confident that there is the political will to prosecute the case, which up to now is the biggest corruption one we have encountered. We have not proceeded at a satisfactory pace; such cases do not move at a speed that satisfies the public.

There are people who believe that you are just there to please the donors, and that you have no teeth?

Those are the views of people who would like that to be the case. But thats the least role I would want to play. At the end of the day, the fight against corruption is about Kenyans. As the saying goes, you can fool some of the people some of the time, but you cannot fool all the people all the time.

You and Justice minister Kiraitu Murungi recently told Kenyans that investigations had traced $1 billion (Sh80 billion) stolen from Kenya. When do we expect our money back?

The asset tracing project is going on. In the past six months, it has suffered some bureaucratic hiccups, but we are now back on track.

What do you mean by bureaucratic hiccups?

The process suffered bureaucratic vagaries. Kroll is one of the worlds largest companies doing this kind of work. This slowed down the project. These were our mistakes and they delayed the data processing. But since Kroll has a global reach we expect the process to produce results by the end of the year.

Wouldnt the delay allow the culprits to try to hide the loot?

Everyday, the perpetrators are thinking of new, clever and sophisticated ways of hiding the money. Our challenge is to keep track and be vigilant.

Since you report directly to the President, have you briefed him on the critical issues, especially the growing risks and the crisis of confidence he and his government face from Kenyans, investors and the international community?

Absolutely yes. But I wouldnt want to go into details. The whole issue is about public perception of corruption. These issues are spoken of widely and covered by the media. But in terms of changing Kenyans perceptions, we have done much in the past two years by strategising, building institutions and enacting laws. The challenge is to implement them.

When Narc took over power, everybody knew of our anti-corruption campaign. We have now gone back to the bad old days. Nobody cares about the war any more. From police and government clerks to senior government officials, bribes are changing hands as if nothing has happened. Why have we slackened down?

There is the natural wearing off which I wont call slackening. The kind of euphoria we saw in the early months of the Narc government has worn off. Its a natural process. We were elected on an anti-corruption platform, so very high standards are expected of us. In many cases, we havent moved as fast as we could have in the reforms we promised. For example, we have been slow in the civil service reform, but in the judiciary we made radical surgery.

The institutionalisation of KACC itself has taken us two years. We would have wanted it to be done by 2003, but it wasnt completed until 2004. The commission was hiring staff up to December, and they are expected to report on duty this or next month. Kenyans disappointment is understandable because of the promises that we made and the peoples expectations.

Why is it then that we are hearing of new cases of high-level corruption in government despite the the Anglo Leasing saga and other yet-to-be-resolved serious cases?

What we have learnt is that breaking the old networks of corruption is not easy. Our effort has not been successful. We thought that with the institutional changes, the passing of the laws and the rest, the old corruption networks would be broken. We started last year with Anglo Leasing, but we found them more entrenched.

But besides the old networks new ones have evolved?

Of course, there are new networks, and this is one of the issues we have to tackle. There is evidence in the public perception and the unhappiness among Kenyans. We have reached a point where we are no longer talking about the past. We should no longer blame the colonialists. Our problems now are home-grown, and we cant blame Moi or Kanu for ever.

So whats the way forward?

To develop the institutions we have built, deepen the capacity for prosecutions, continue the reforms the Government has initiated, such as in the judiciary, the police, the prisons, KACC and the AGs chambers.

We have the institutions to deal with the problem. But corruption does not disappear overnight. There is also the need for us to restrategise and deal with new cases. We realise that public confidence in our fight against corruption is declining. But I find it offensive for this administration to be compared with the previous regime where the level of impunity was so high.

We held a conference in October in which we invited anti-corruption organisations from all over the world. We invited leaders from countries which had corruption as their main agenda. We had the Prime Minsiters of Norway and Georgia and the Mexican minister for Public Adminsitration. The lesson we learnt from the conference was that there is need for functioning institutions and room for direct and decisive political action.

The corruption networks are not only fighting back, but also targeting pro-reformers like you?

If reformers are not being targeted by the networks, then something must be wrong. There will be direct or indirect attacks, abuse and insults and manipulation and threats.

Do you feel threatened?

Not particularly.

Are there times when you wake up with the fear that you may no longer be a PS?

In the Government the most temporary officer is the PS, but Im sure there is the political will to fight corruption. So we are there.

An article in the Economist recently said corruption was rampant in Kenya. Do you share the view?

The article referred to the recent Transparency International perception index, which showed that Kenya had actually changed from a situation where corruption was "endemic" to "rampant". This is like saying that a patient has moved from the intensive care unit to the high dependency unit. But we are still very sick and almost dying, although we have made a step forward.

What is the one single thing that should be done to end corruption?

There is no single remedy. Positive perceptions take time to build. But if effective prosecutions and restitutions are made they will change. Its easier to have negative perceptions about corruption. One blunder on a case can adversely affect perceptions much more dramatically than one positive action. You need a series of positive actions to change the corruption perception.

What do you say to claims that Cabinet ministers and civil servants have recently amassed wealth, and that some are building three houses at the same time?

One of the actions taken in November by the Cabinet committee against corruption was making wealth declaration a public matter, and all the forms will be made public this year. The Justice ministry is working on an amendment to the Public Officer Ethics Act to enable wealth declarations public. This shows the will to end corruption. It also means that we dont have to wait until the amendment is done to make voluntary declarations of assets.

Do you get jittery when you hear that senior government officials, including Cabinet ministers, are acquiring wealth not commensurate with their pay?

You would get jittery. But you should separate facts from rumours. The rampant conspicuous consumption by senior politicians and civil servants is what is most adversely affecting public perception of corruption. The consumption has adversely affected us much more than Anglo Leasing. The only way to change this is to make the Public Officer Ethics Act operational, particularly now that the Cabinet has made wealth declaration public.

What of stopping the illegal or irregular acquisition of wealth?

Thats what I mean by operationalising the Act. In more mature democracies, if government officers seem to be living beyond their means, they are taken to task. Once wealth declaration is made public anybody may go to the Public Service Commission and ask ask for the officers forms and say: "But I know this offices has such and such assets. He is my neighbour, he has not declared all." The matter would then be reported to the KACC.

What about sealing the loopholes in public procurement as most illicit wealth comes from there?

Public procurement is one of the issues we are dealing with. Its antiquated and in a state of failure. It does not even allow us to implement government projects speedily enough to meet the objectives.

This is why a Public Procurement and Disposal Bill is being worked on to simplify the process and enhance accountability and transparency. Even more importantly, it will establish responsibility. We dont want to have a situation where contracts are entered into and tenders awarded, but no one is responsible.

Does your role conflict with KACCs? If, for instance, a Kenyan wishes to blow the whistle where does he or she go?

Our role is advisory. KACC s is investigation, but we can have as many anti-corruption institutions as possible. There is enough corruption in Kenya to be dealt with even if we create 10 institutions. South Africa and the US have many agencies dealing with corruption.

Do you see your role diminishing? Do you give up the fight or reorganise your strategies?

The fight against corruption will not end. Only its faces and nature will change. Small battles will be fought here and there, and some will be won and others lost. Our main focus is destroying the networks.

What is driving the corruption engine is greed. The challenge is to deal with political money. Even in mature democracies political money is an issue. Campaign and political parties funding are a major source of worry, and its going to be our challenge.