E-Clips:- Business Pictorial - Corruption

It was Swiss psychiatrist Carl Jung who said: "Through pride we are ever deceiving ourselves. But deep down below the surface of the average conscience a still, small voice says to us, something is out of tune."

That something is out of tune in the Anglo Leasing saga has been long evident. That that something stems from human pride is increasingly becoming apparent. For why would a regime facing a re-election bid demonstrate deep contempt for the people it expects to vote it back?

Contempt because despite reasonable evidence and great public pressure on the Executive to take action against some of the perpetrators of the Sh50 billion Anglo Leasing scandal, Kenyans continue to be treated to a regrettable show of political deception, institutional complicity and startling Executive inaction.

It is political deception to clear ministers of any wrongdoing when they approved questionable deals. Messrs Moody Awori, David Mwiraria and Attorney General Amos Wako approved some of the Anglo Leasing-type contracts and yet the Kenya Anti-Corruption Commission (KACC) has just cleared them of any wrongdoing and "closed" the matter.

It amounts to institutional complicity for KACC — the institution tasked with fighting graft — to ignore all material evidence at its disposal in regard and instead cite inconsequential technicalities, some of which it is accused of engineering, to clear those implicated.

It is Executive inaction when the President does not resolve this matter despite a public outcry, his immense powers and enough evidence to judge the competence and integrity of the senior officials entangled in this affair.

As Kenyans await Wako’s statement on this issue today, we remind him of some of the nagging questions he must answer once and for all.

First, who is Anglo Leasing? The mysterious faces behind this company remain concealed even after they returned Sh1 billion to Kenya. Government can’t do business with unknown people!

Two, Vice President Awori and Head of the Civil Service and Secretary to the Cabinet Mr Francis Muthaura — have been implicated in the scandal with respect to its perpetration and/or cover-up. Why don’t they step aside and pave way for conclusive investigations?

Three, the Public Accounts Committee (in which Government is represented) condemned KACC Director Justice Aaron Ringera as being grossly incompetent. Why hasn’t he been investigated and absolved, or if found culpable, dispensed with as chief graft-buster? Indeed, why did Ringera sack Mr Hussein Were, the unbending conscientious investigator in this matter?

Four, Energy Minister Kiraitu Murungi has been accused of cover-up and some evidence adduced in respect. Why was he returned to the Cabinet even before he was officially cleared of these accusations?

Kiraitu was cleared on the basis that a lawyer alleged to have given him a file on John Githongo’s father, Joseph, has denied ever giving the minister such a file. Evidence in our possession puts to doubt this contention. Question: Was it beyond KACC to get the evidence we have?

Furthermore, three special audits have arrived at findings different from those of KACC. Question: Why is this Government finding it so difficult to trust legitimate watchdogs that exist in the interest of the people of Kenya?

Integrity is about taking personal responsibility for one’s actions. Can Awori, Muthaura, Wako, Kiraitu and Ringera be said to have done so?

Indeed, has the President — at whose pleasure all those implicated in this matter continue to hold their public positions — acted according to his oft-repeated promise to fight graft?

Something is out of tune, that small voice says. And nothing, not even Ringera’s arrogant posturing about "hammers and anvils" or, as Githongo would put it, "placing his hand on the Bible and quoting Shakespeare" can silence that voice.

Consider that at the beginning of last year, the same Ringera said 2006 would be the year that heads would roll. The year came and went and not a single head rolled. Inevitably, it must be asked: Is Ringera the right man for this job?

If nothing is done pretty soon, KACC could amount to the greatest and cruellest hoax ever perpetrated on the Kenyan people yet. Kenyans have been taken for granted and fooled for far too long and must demand action now. Only President Kibaki — by exercising Executive Accountability — and Parliament can deliver the yearned for action.