Kibaki In New Githongo Tape

East African Standard

24 January 2007 Page: 1

Kibaki named in new Githongo evidence President Kibaki has been named in a sensational new recording of an alleged conversation between Mr John Githongo, Mr David Mwiraria and Mr Kiraitu Murungi. The audio clip, released on Tuesday on Githongo’s Internet blog, was allegedly done on Friday, June 11, 2004, when Mwiraria, then Finance Minister, allegedly asked Githongo to drop the Anglo Leasing investigation because it could bring down Kibaki’s Government. Mwiraria allegedly made the request in the then Governance and Ethics Permanent Secretary’s office at State House, Nairobi, in the presence of Energy Minister Kiraitu, who was then the Justice and Constitutional Affairs minister. "No! No! Bwana Githongo," Mwiraria allegedly says in the recording, "Hii kitu (this thing), if we are not careful, will come down with our government. What I am suggesting… why don’t you and anti-corruption — and am saying this in your presence Mheshimiwa (allegedly referring to Kiraitu) — drop this matter." Mwiraria wrote to Kibaki Mwiraria then allegedly promises "to get to the root of the matter" in his own way to establish who was behind the Anglo Leasing company. "But if we continue this way," Mwiraria allegedly continues, "we start harassing (lawyer Fred) Ojiambo, you never know what he might say and who else he will pick on and who he will go down with." Mwiraria is allegedly captured referring to a memo he wrote to "His Excellency" on Anglo Leasing after then Treasury PS Mr Joseph Magari addressed the Public Accounts Committee, where he was feared to have revealed those behind one of the Anglo Leasing companies. On June 10, Ojiambo, a prominent Nairobi lawyer, had been held by the police for questioning over the Sh2.7 billion passports contract — one of the Anglo Leasing-type contracts. It was feared he might have told the police what he knew of Anglo Leasing. In the recording, Mwiraria allegedly asks: "Was he (Ojiambo) held? Did he record a statement? Did he give you any information?" Mwiraria then allegedly goes on to explain: "There is a day I came from Kampala and I found Magari had just gone to the PAC and he said he knew Anglo Leasing. So I went back, I told you why I spoke to His Excellency. His Excellency wanted information… I got the contract, went through it and wrote a memo to His Excellency…" The self-exiled former anti-corruption csar has repeatedly said that the Anglo Leasing scandal goes "to the very top" and on Saturday, he pledged to expose all those behind the Sh50 billion scandal. On Tuesday was the closest Githongo came to producing evidence that President Kibaki has known about the scandal for at least two years now. It remains to be seen what other evidence he has in support of the claims. On Saturday he said: "I now consider it my personal responsibility to seek and expose further details of this attempted cover-up. It is time we Kenyan people held our Government to account." Pressure mounts Githongo’s latest bombshell came as pressure mounted on the Government to take action against those implicated and give full information on the scam. Catholic Archbishop Ndingi Mwana a’ Nzeki led the onslaught by asking: "Can we say (the Government) has given the full information on Anglo Leasing?" British envoy Mr Adam Wood, while addressing a civil society function in Nairobi, wondered why some of those implicated continued to serve in Government instead stepping aside to pave way for investigations. Wood regretted that one of those implicated had pledged never to speak on Anglo Leasing again as it is a "dead" matter. On Sunday, Kiraitu said he would never speak about Anglo Leasing in his life as it was a dead matter. Ndingi said for the matter to be put to rest, the whole truth must be told. He said despite Kenya Anti-Corruption Commission director Aaron Ringera and his team having travelled to London to interview Githongo, the trip’s findings were still scanty. "What did Githongo tell them? I am sure he told them the truth of all that he knew. But have we been given the full information?" Ndingi wondered. The prelate was speaking to journalists after a groundbreaking ceremony for the church-sponsored Neema Hospital, Ruaraka, Nairobi. Health minister Charity Ngilu officiated at the function. The Anglo Leasing scandal is a series of 18 often-fraudulent security contracts initiated in the Moi era but carried on by the Kibaki regime. Among those so far implicated in either the perpetration or cover-up of the scandal are Vice-President Mr Moody Awori, Head of the Civil Service and Secretary to the Cabinet Mr Francis Muthaura, Karaitu, Ringera, former Vice-President Musalia Mudavadi, Mwiraria and Attorney-General Amos Wako. Awori and Mwiraria declined to comment on the scandal. However, Awori who has been out of the country for the past one week, promised to address the matter comprehensively on Wednesday. "I know I have been called all sorts of names. Let me invite them (journalists) to come and look for me tomorrow," Awori said. The Vice-President was speaking at the launch of the national Early Childhood Development (ECD) policy framework and ECD service standard guidelines at the Kenya Institute of Education. The latest Githongo fight-back was prompted last Friday when KACC cleared Awori, Mwiraria and Kiraitu "of any wrongdoing" in regard to cover-up claims by the former graft buster. They were cleared on the basis of technicalities, some of which Githongo claims were engineered by KACC, specifically its director Ringera. "While in London in March for the KACC hearings, Ringera told Prof (Makau) Mutua and I that we should drop our pursuit of the Anglo Leasing perpetrators because, as he put it, ‘the culprits had already suffered enough’," Githongo said last year. Those present during the conversation, he said, were KACC’s Dr John Mutonyi and Mr Hussein Were — who has subsequently been sacked by Ringera. Githongo said Ringera also warned him not to underestimate the "pain that you have caused certain people". He said he was surprised when Ringera said the recording equipment during the London hearings had failed. "I took the news of the failure of with incredulity as it had been our common intention to have a detailed recording of the entire event to avoid the very kind of later distractions and misinformation Kenyans are now being subjected to," he said. In addition, a key allegation of Githongo’s was that Kiraitu interfered with investigations. Githongo then produced a recorded conversation to prove his claim. However, KACC termed the conversation "unintelligible". In clearing Kiraitu, KACC also observed that a lawyer alleged to have given Kiraitu a file on Githongo’s father, Joseph, has denied ever giving the minister such a file. Fresh evidence in our possession implies Kiraitu could have received the file from a senior Nairobi lawyer. KACC’s clearance of Kiraitu and others put its integrity under scrutiny, with fresh calls for Ringera’s resignation. On Tuesday, when The Standard caught up with Mwiraria he said: "I have no comment. My comment is that I have no comment." But Wako, who responded to the matter on Monday, said all those implicated were still under investigation. Meanwhile, several political and religious leaders have told Wako to stop hoodwinking Kenyans over the clearance of those implicated in Anglo Leasing scandal. They said Wako was engaged in a public relations exercise for the Government in order to create confusion among Kenyans over the matter. Eldoret Anglican Church of Kenya Bishop, the Rev Thomas Kogo, Reformed Church Moderator Bishop Joseph Moropus, Bumula MP Sylvester Wakoli and Secretary of Rift Valley Alliance Mr Simon Lilan said Wako and Ringera were playing games and warned that Kenyans would not be fooled. "Since when did Ringera get powers to clear people instead of the courts? Something is not adding up between Wako and Ringera. Kenyans must fight for the truth," Moropus said. Wakoli and Lilan said the Government was not committed to fighting corruption. Elsewhere outraged political and civil society leaders demanded the resignation of Wako and Ringera. Opposition Chief Whip, Mr Justin Muturi, called for the immediate resignation of the two for what he termed "ineffectiveness" in dealing with the Anglo Leasing scandal. "Wako and Ringera are not beginners in law. Have they not heard of justice delayed is justice denied? Why are they wasting our money and time pretending to be investigating Anglo Leasing?" posed the Siakago MP. The Kenya National Commission on Human Rights Commission chairman, Mr Maina Kiai, called on Kenyans to start a campaign to pressurise the Government to punish corrupt politicians. Former finance minister, Mr Chris Okemo, said the conflicting signals from Wako and Ringera were confusing Kenyans.