E-Clips:- Business Pictorial - Ministers Refuse To Comment

The sensational recording that appears to capture Mr David Mwiraria telling Mr John Githongo to drop the Anglo Leasing investigations sparked off fury from nearly all quarters, but there was not a word from the key actors in the drama.

"I have no comment, no comment! No comment!" a visibly angry Mwiraria retorted as he weaved through a battery of journalists who sought his reaction to the damning revelations by the former Ethics and Governance Permanent Secretary.

The former Finance minister, who stepped aside last February following sustained public pressure over his alleged role in the saga, was attending a Narc-Kenya meeting at the party headquarters in Nairobi, on Wednesday.

Energy minister Mr Kiraitu Murungi, who is alleged to have been present in Githongo’s office at State House, Nairobi, when the tape was made, evaded journalists by sandwiching himself among fellow MPs, before his aides led him to the safety of his car.

Not even the Vice-President, Mr Moody Awori, was available for comment over last Friday’s closure of Anglo Leasing investigation files by the Kenya Anti-Corruption Commission (KACC) and the Attorney General despite having promised on Tuesday he would do so Wednesday.

The former anti-graft czar posted the tape on the site www.githongo.blogspot.com on Tuesday, after the closure of investigation files into attempts to cover up the Anglo Leasing scandal.

In the tape, a voice allegedly belonging to Mwiraria is heard telling Githongo: "No, No Bwana Githongo. 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 I am saying this in your presence (allegedly referring to Kiraitu) — drop this matter." He also says he had wrote a memo and discussed the matter with HE (His Excellency), and had asked some people to ask the perpetrators to bring back part of the money, something he says was done.

Nothing new, says Ringera

It was only KACC director, Mr Justice Aaron Ringera, who found his voice and dismissed Githongo’s latest revelations as not having any new information.

"The tapes are the same ones released earlier by John Githongo in February last year," he said, in a statement released to the media by KACC Principal Public Relations Officer, Mr Nicholas Simani.

He revealed that the commission was in possession of the tape recording, and that after analysing it alongside other evidence, it had not found sufficient evidence to charge the ministers with obstruction of justice.

"The information on the tape is not new to the commission. We would like to reassure the public that KACC is still continuing with investigations into the 18 Anglo Leasing security-type projects and when they are complete, the public will be duly informed," added Simani.

But the reaction from the diplomatic community, politicians and Church leaders was fast and furious.

The United States and Britain called on the Government to act decisively and deal with corrupt individuals.

The US Embassy, however, said it was up to Kenyans to collectively examine, debate and act on the recent revelations by Githongo and that the embassy still stood by its statement on the matter last year.

During his speech to the American businesspeople last year Ambassador Michael Ranneberger had asked the Kenyan authorities to bring justice to those involved in grand scale corruption — or in covering it up.

And British High Commissioner Adam Wood said it would be a shame for Kiraitu never to speak again about Anglo Leasing scandals as he had said.

Wood said Kiraitu — who has been quoted as saying he considered the Anglo Leasing a dead matter — had some insights on the Anglo Leasing contracts.

"He (Kiraitu) could surely offer insights on some factors affecting these major contracts behind the scenes — if our ears are not mistaken. It would be a shame not to hear any more from him,’’ he said.

Some hope

Wood said Friday’s Gazette notice should not represent the end of the investigations and welcomed the AG’s statement that the probe was ongoing.

The envoy said Mwiraria’s claim that he asked for the return of the money by the Anglo Leasing ghosts suggested he knew where to look, or who to ask or he knew someone who did.

He said the culture of impunity was intact despite public pressure for action. He was, however, optimistic that this would not last forever.

"I’m not suggesting that nothing is happening. Take Charterhouse Bank, for example, where Finance minister acted well. Progress does depend upon political will from the top. But it also depends on internal pressure from the media and civil society — from you," Wood said.

And Commonwealth Secretary-General, Mr Don McKinnon asked the Government to step up the fight against corruption.

McKinnon, who was speaking at a luncheon with local business leaders in Nairobi, said corruption distorted competition and investment, impeding free and fair trade.

"Corruption is public enemy number one to the two things we hold dearest in the Commonwealth: Democracy and Development. As ever, it tends to be the poor who suffer most; it leads to children without schooling and to people of all ages without adequate healthcare," he said.

The Law Society of Kenya and politicians Mr Raila Odinga, Mr William Ruto, Mr Najib Balala and Prof Anyang’ Nyong’o accused President Kibaki of protecting his friends.

Raila said the storm over Anglo Leasing was just starting and that ODM-Kenya would issue a comprehensive statement Wednesday.

The Lang’ata MP asked the Government to give Githongo security to return home and provide details on the scandal, then prosecute all the suspects.

"President Kibaki must give a public undertaking that he will protect Githongo and if anything happens, the President can be held responsible," added Raila.

LSK, through council member Mr Evans Monari, said it was time for Kenyans to look for their next leaders in men and women who could selflessly fight corruption.

"If Githongo’s tapes are genuine (and there is nothing to suggest otherwise) then the time has come for this Government to throw in the towel in fighting against corruption," he said.

Added Monari: "A new beginning is begging if our children are to find Kenya still alive. We must stand with Mr Githongo".

And speaking from overseas, the Kenya National Commission of Human Rights chairman, Mr Maina Kiai, said the latest corruption dossier from Githongo was more damaging but promised to say more on the scandal when he returns.

Mr Kepta Ombati, of the Name and Shame Corruption Campaign, condemned the Government’s reluctance to confront corruption.

"We have not seen any serious initiative from the Government since Githongo released the damning dossier on grand corruption last year," he said.

He said civil society groups wanted the loot recovered from the perpetrators to assist those dying from Rift Valley Fever, hunger, floods and drought.

Website jammed

Outspoken cleric the Rev Dr Timothy Njoya said the graft problem in Kenya was deeper than what Githongo had exposed.

He called for a total surgery because donor countries and agencies were involved in bigger corruption at the expense the poor in third world countries.

Anglican Bishops Rev Thomas Kogo and Rev Stephen Ochiel and MPs Mr Otieno Kajwang’ and Nyong’o challenged President Kibaki to tell Kenyans what he knew.

Said Nyong’o: "We do not want to be left in the dark any more. It is high time Kibaki told the truth about the scandal to enable Kenyans to decide wisely on it".

Kajwang’ said Ringera had no moral authority to continue at the helm of the anti-graft body owing to his inaction, and termed his hefty salary as a fraud on the Kenyan people.

The website where Githongo posted the transcript and copy of the recording was jammed with visitors.

By 10.30am, the website had recorded 6,000 downloads and by the time of going to press it had been shut down briefly.

This was due to the huge traffic with the service providers promising to have it back soon.