E-Clips:- Business Pictorial - Kacc Clears Mwiraria, Kiraitu, Awori

Vice-President Moody Awori, Energy minister Mr Kiraitu Murungi and ex-Finance minister Mr David Mwiraria can now sleep blissfully following their clearance from any Anglo Leasing-related crimes.

Like in the case of Kiraitu who also stepped aside to pave way for investigation on alleged role in attempted cover-up, the clearance could herald Mwiraria’s return to the Cabinet. There is in fact a vacancy in the Cabinet.

The investigating agent, triggered into action by claims by runaway former Ethics and Governance PS Mr John Githongo, gave them a clean bill of health, but mostly on technicalities.

There was also the sensational explanation by the Kenya Anti-Corruption Commission Director, Justice Aaron Ringera — who Githongo claimed had warned him he may be killed — that the former PS’ audio tape on Kiraitu was "largely unintelligible."

KACC also shoved the file No. KACC/FI/INQ38/2006 to the shelves of the closed dossiers, never to be pursued, with the explanation Mr Githongo "was not an investigator."

Githongo refused to sign statement

"The investigations did not therefore establish commission of any offence," said Attorney General Amos Wako on the trio and the Sh12.7 billion Anglo Leasing twin tender scandals. Wako closed the files on Monday. "The file was forwarded to the Attorney General on November 6, with recommendation for closure. The recommendation was accepted by Wako on January 15," stated KACC.

The anti-corruption chief also claims that Githongo refused to write a statement for purposes of prosecution.

Technically, the statements clear Awori, Mwiraria, Kiraitu and another ex-minister, Dr Chris Murungaru, who however has a different case in court. In his statement Githongo quoted Kiraitu reportedly asking him to go slow on the investigation because "Anglo Leasing is us."

Anglo leasing-type tenders saw the Government pay out billions of shillings in arrangement and commitment fees and through promissory notes to non-existent companies which were given contracts for which little, if any, work was ever done.

The contracts involved installation and commission of tamper-proof passports and construction of a forensic lab for the Criminal Investigations Department.

Kiraitu was accused of trying to impede investigation into the Anglo Leasing scandal and was subject of dramatic taped evidence from Githongo.

In a recorded conversation played out on BBC, Kiraitu tells Githongo to ease off the investigation. In return, the Government would offset his father’s – Mr Joseph Githongo – loan.

Major flaws in investigation

Together with Saitoti, Kiraitu resigned after pressure from politicians, civil society and religious groups. Saitoti was sacked after Goldenberg Judicial Commission of Inquiry headed by Justice Julius Bosire implicated him in the scandal. He was later cleared by a three-judge Bench, which also barred Wako from prosecuting him.

Awori defended himself strenuously, saying he was clean.

According to KACC, the tape-recorded conversation, which formed the basis of the investigation "was unintelligible." "… The audible parts depict a conversation in short terse statements whose lateral meaning would be a matter of conjecture," states KACC.

Githongo’s statement, KACC states, would validate the recorded conversation between Kiraitu and himself.

"The former PS refused to record a formal statement that would be used for the purposes of any prosecution and that would explain the many unexplained gaps in the recorded conversation," states KACC.

They also claim that there is no evidence that "would lay a proper basis for the play back and production of the tape-recorded evidence in court as required."

According to the Kenya Gazette notice, the lawyer Githongo quotes as having been given a file of Githongo’s father disowned him. "The lawyer has denied ever giving the minister such a file," states KACC.

Narc kept Kanu corruption as a pet

In an exclusive story in Saturday Standard in October last year, Githongo said: "I worked with a lot of people who firmly believed stealing was in the national interest. But I was hired to do a job and in the course of it discovered things that have subsequently come to light." "There were no ghosts — in Government, we knew Anglo Leasing was ‘us,’" said Githongo. In the interview, Githongo claims President Kibaki was aware of what was happening.

He however conceded that the scandal trickled from the Kanu regime to Narc Government. "Kanu handed us a skunk and we took it home as a pet. Not only did we assume the dubious transactions of the past, we went ahead to use the same corrupt model to create our own shady deals."

He went on: "If you take a skunk home as a pet willingly, it’s yours together with its disturbing fragrance. It’s disingenuous of you to blame the person you took it from for the smell and it is equally dishonest for the person who gave it to you to point at you and scream that these days you smell."

Githongo expressed shock that the statement he recorded with KACC at the Kenya High Commission in London was non-existent. He said he insisted that the statement be recorded to stop KACC from pussyfooting on the issue.

"I was stunned when I heard that the recordings had failed. I have no information about the tapes being erased. I actually insisted on and received copies of the ‘failed’ tapes and have them in my possession," he said.