Kiraitu Protected Anglo-Leasing Principals 
East African Standard
31 March 2006

Page: 4

The Public Accounts Committee found credible evidence to suggest that former Justice minister Kiraitu Murungi gave protection to Anglo Leasing principals.

"The committee was satisfied that Murungi acted to protect Hon (Chris) Murungaru and (Alfred) Gitonga and hence obstruct justice, given that he was in charge of this ministry (Justice and Constitutional Affairs)," the committee says about Murungi in its report. "The committee further finds that based on Murungi's various discussions, the principals behind the Anglo Leasing projects were probably President Kibaki's administration," it adds.

Further investigations to establish the former minister's interference in the Judiciary,including the appointment of Mr Keriako Tobiko, who was a lawyer in one of the cases, and removal of special magistrates for corruption cases was recommended.

Tobiko has, however, said that independent prosecutors were hired to handle all Anglo Leasing cases and that he also withdrew his services for one of the accused, former Permanent Secretary Zakayo Cheruiyot. "Murungi should be investigated for the attempts he made to cover up the scam he brought to bear on John Githongo, through the Anura Perera matter," it said.

The committee said the recorded conversation between Murungi and Githongo was accepted as authentic evidence supported by tape recordings of their conversations. To support their findings of Murungi's complicity in the cover-up, the committee cited the mysterious refund of money to the Treasury.

"It is not possible that independent business people, whether or not they have complied with their part of acontract, would so readily refund money, merely because the Government has asked them to do so," noted the report. The report said the refunds were a pointer to the existence of a ring of conspirators who had orchestrated schemes to defraud the government. "When the risk of being found out struck them, they were ready to suffer the temporary setback of refunding more than Sh1 billion to the Treasury in exchange for self-preservation," it further said.

The Uhuru Kenyatta-led committee noted that Murungi advised Githongo to go slow on corruption investigations in return for a similar favour being extended to his father'sc ase pending in court. "This was obviously a bribe by a minister in charge of Justice, punishable under the Public Ethics Act 2004."