KACC Gives Verdict On Githongo Tapes

Daily Nation

25 January 2007 Page: 1

Kenya’s anti-corruption chiefs yesterday stood their ground and insisted that tapes released by former Ethics PS John Githongo lacked sufficient evidence to prosecute the President’s key allies for attempting to cover up the Anglo Leasing scandal. ODM-Kenya officials (from left) Mr William Ruto, Prof Anyang Nyongo and Mr Joseph Kamotho at a press conference held at Panafric hotel, Nairobi yesterday. But in an interview with Nation, Mr Githongo said he put the latest tape on his website because he believed Kenya Anti-Corruption Commission was trying to bring the affair to a premature end. He also confirmed he gave the tape to the commission’s director Aaron Ringera more than a year ago. Small fraction “Justice Ringera has this tape and it must be one of the ones he describes as ‘inaudible’. It comprises only a small fraction of the evidence and testimony given to him almost one year ago now,” he said. Mr Githongo declined to disclose if he had recorded other public officials. But in a statement yesterday, the commission said there was nothing new in the tape put on the Internet on Tuesday by Mr Githongo. The tape, the commission said, had been given to its director, Mr Justice Aaron Ringera, when he met Mr Githongo for an interview in London in February last year. The commission’s spokesman, Mr Nicholas Simani, said that as far as they were concerned, the matter had been thoroughly investigated and finalised. And that led to the publication of a Kenya Gazette notice absolving Energy minister Kiraitu Murungi and his former Finance colleague, Mr David Mwiraria, over claims of interfering with Anglo Leasing investigations. “The Kenya Anti-Corruption Commission acknowledges having possession of tape recordings of former minister of Finance Hon David Mwiraria and Hon Kiraitu Murungi by the former Permanent Secretary in the Office of the President in charge of Governance and Ethics, Mr John Githongo. The tapes are the same ones that had been released earlier by Mr John Githongo in February 2006,” said the statement. Mr Simani said the commission opened investigations following allegations by Mr Githongo that Mr Mwiraria and Mr Murungi interfered with the investigations on the Anglo Leasing-type security contracts. The investigations were conducted and after analysis of the evidence alongside other evidence collected, it was found that there was no sufficient evidence to charge the ministers with obstruction according to both the Penal Code and the Anti-Corruption and Economic Crimes Act,” the statement said. Mr Simani summed it thus: “The information on the tapes is not new to the Commission.” He said the commission was still investigating the 18 Anglo Leasing-type security contracts and the public would be informed about the outcome of the investigations. And, even as the commission stood its ground, Mr Mwiraria and Mr Murungi remained silent over the matter, prefering not to respond to journalists’ questions. While Mr Mwiraria, the Imenti North MP, was categorical that he would not comment on the issue, Mr Murungi would not respond to questions from the Press. Mr Mwiraria, the former Finance minister, was categorical that he would give no comment yesterday, today or in the near future. His curt response to a series of questions from journalists was: “No comment,” which he repeated seven times. Simply smiled Mr Murungi simply smiled and passed by as reporters jostled to get his response. The two were attending a Narc Kenya meeting in Nairobi. As they maintained their silence, ODM-Kenya secretary-general Anyang’ Nyong’o announced that he would spill more beans on the scandal today. Prof Nyong’o said he would reveal what he knows about the matter, having served as Planning minister then and as a member of the Cabinet sub-committee on anti-corruption. Having served in the sub-committee, he added, he was privy to some of what Mr Githongo went through. He said at a Press conference: “Watch this space. ” Prof Nyong’o has in the past said President Kibaki was fully aware of the Anglo Leasing scandal, but took no action. However, Labour minister Newton Kulundu accused Mr Githongo of trying to sabotage the Government’s efforts ahead of the General Election. He said: “To me it looks like he has the forthcoming General Election in mind to taint the Government and individuals.” He said the money that had been paid out was returned. The tape that was placed on the Internet includes comments by a man Mr Githongo says is Mr Murungi. In the tape, the man identified as Mr Mwiraria is heard asking Mr Githongo to drop the investigation into the Anglo Leasing affair because further disclosures could bring down the Kibaki government. He also states that he has written to Mr Kibaki about the affair. The three are heard discussing the inability of the commission to trace the shadowy figures behind the scandal that saw billions of shillings of public money paid to non-existent firms in commission fees for work that, in some cases, was never even started. Internet website It was posted on Mr Githongo’s Internet website, www.githongo.blogspot .com. A voice alleged to be Mr Mwiraria’s is heard telling Mr Githongo to “drop this matter” and promising him “I will get to the root of the matter.” He adds: “I will find out who it is in my own way.” The recording took place in Mr Githongo’s office at State House, Nairobi, on June 11, 2004, according to a transcript posted on the same web page. Last week, the commission published a Kenya Gazette notice absolving Mr Murungi and Mr Mwiraria of any wrongdoing. It argued that Mr Githongo’s tapes were inadmissible as they were inaudible and had gaps. The commission also argued that Mr Githongo was not an authorised investigator of corruption. Mr Githongo states on his website that it was, indeed, Mr Mwiraria saying that further investigations into the multi-billion scandal could bring to the fore some unlikely names and eventually bring down the Government. The meeting was convened a day after the arrest of Nairobi lawyer Fred Ojiambo by the commission, who, he said, had refused to reveal the details of both Anglo Leasing and Forensic Laboratories Ltd. Mr Ojiambo had bought space in the newspapers to defend the firm. Mr Mwiraria and Mr Murungi had visited Mr Githongo at his State House office for a briefing on the investigations. In the recording, the former Ethics PS is heard explaining that Mr Ojiambo was arrested only after he declined to reveal information about Anglo Leasing and Forensic Laboratory Ltd who were his clients.