New Githongo Tape

Daily Nation

24 January 2007 Page: 1

A new tape appearing to capture a conversation with former Finance minister David Mwiraria about the Anglo Leasing scandal was dramatically put on the Internet last night for the world to hear. It was placed there by Kenya’s exiled ethics czar John Githongo and also includes comments by a man Mr Githongo says is the then Justice minister Kiraitu 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 he has written to Mr Kibaki about the affair. The three are also heard discussing the inability of the Kenya Anti Corruption Authority to trace the shadowy figures behind the Anglo Leasing scandal, that saw billions of shillings of public money paid to non-existent companies in commission fees for work that in some cases was never even started. In the tape, posted on Mr Githongo’s internet website, www.githongo.blogspot .com, Imenti North MP Mwiraria 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. The release of the tapes comes days after the Kenya Anti-Corruption Commission published a Kenya Gazette notice in which it claimed that Mr Githongo’s tapes were inaudible and had gaps and that Mr Githongo was not an authorised investigator of corruption. The notice appeared to clear Mr Murungi of interfering in corruption investigations. 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 following the arrest of Nairobi lawyer Fred Ojiambo by the KACC 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 company. The meeting took place one day after Mr Ojiambo was arrested. Mr Mwiraria and Mr Murungi, now Energy minister, 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. The transcript of the tape together with Mr Githongo’s explanatory notes also published on Mr Githongo’s website follows: On Friday, June 11, 2004, then Finance Minister David Mwiraria asked Governance and Ethics PS, John Githongo to drop the Anglo Leasing investigation because it could bring down President Mwai Kibaki’s Government. He made the request in the presence of then Justice and Constitutional Affairs Minister, Kiraitu Murungi. The lawyer Fred Ojiambo had been arrested by the Kenya Anti-Corruption Commission (KACC) and held for questioning at Kileleshwa Police Station. Ojiambo had been buying space in the newspapers on behalf of Anglo-Leasing and Forensic Laboratories Ltd, a UK-based company (or their agents/representatives), the identity of whom he had refused to divulge even after repeated requests from the KACC. Internal Security Minister, Chris Murungaru was in London at the time. Upon learning of Ojiambo’s arrest he had called his Justice and Constitutional Affairs counterpart, Kiraitu Murungi. Ojiambo was released without charge on Thursday night. Mr Mwiraria at a past press conference. At around 11am the following day, first Finance minister David Mwiraria, then Justice and Constitution Affairs minister Kiraitu Murungi showed up at PS John Githongo’s office at State House, Nairobi. In the recording, Githongo is heard briefing the two ministers about why the KACC had ordered Ojiambo’s arrest. Githongo: think that the case of Ojiambo is a very straight forward one... Kiraitu; Hmm.. Githongo; He started putting out statements on behalf of Anglo Leasing...which is a suspect in a criminal investigation of conspiracy to defraud the Kenya Government of 2.7 billion shillings.... He was called several times very nicely and asked...can you just advise us who they are, we don’t actually need...we don’t want anything else, we just want to know...we have a suspect who has disappeared, we want to know who it is...and... he talked to them on the phone a number of times... (Interrupted by telephone call).. hello? yes, oh yes, Gate D.. Gate D, D for Delta, Delta? I will ask someone to come down to escort you... Dave Mwangi is downstairs at gate D. He should be shown up then he will wait in your room while I finish here. So... Mr Ojiambo ? the anti-corruption authority wrote to him officially ...I also wrote to him...The response which he gave to the anti-corruption authority in writing was complete contradiction to the statement which was subsequently carried in the newspaper.... where he says he is not in possession of certain facts, but the statement that he has put in the papers means he must be in possession of those facts... So they said that what we need to do..what we need you to assist us with..is...this information...we know you’re just acting for somebody...and we are not actually interested in you? So the matter is now before a court, because summons were issued.... assist us and ..he rejected that. Mwiraria; Mmm.. Githongo; My initial thinking...[Interrupted by Mwiraria] Mwiraria; No! no! Bwana Githongo.. Githongo; Mmm.. Mwiraria; Hii kitu...(This thing) Githongo; Mmm.. Mwiraria; If we are not careful.. Githongo; Mmm... Mwiraria; Will come down with our Government..... Githongo; Mmm.. Mwiraria; What I am suggesting.. Githongo; Mmm... Mwiraria; Why don’t you... Githongo; Mmm.. Mwiraria; and Anti-Corruption, and I am saying this in your presence Mweshimiwa (Honorable, referring to Kiraitu)... Githongo; Mmm.. Mwiraria; drop this matter... Githongo; Mmm.. Mwiraria; I will get.. Githongo; Mmm... Mwiraria; to the root of the matter, I will find out who it is.. Githongo; Mmm... Mwiraria; in my own way? Githongo; Mmm... Mwiraria; Ya... I have not appraised it?but I will find out exactly...ya...that information. Githongo; Mmm... Mwiraria; We start harassing Ojiambo...ya.... Githongo; Mmm... Mwiraria you never know... Githongo; What he might say.. Mwiraria; What he might say..and who else... Githongo; he will pick on... Mwiraria; he will pick on...and who he will go down with Anglo Leasing..... ....Kiraitu; Mmm...He was released? Githongo; He was released, yes. Mwiraria; Was he held?! Githongo: He was held....he was arrested...he was officially arrested yesterday...at around four o’clock until he was released at nine in the evening. Kiraitu; Did he record a statement? Githongo; Emm...I do not think so... Mwiraria; Did he give you any information?....Why don’t we do this Mweshimiwa (Honourable, [to Kiraitu]... Kiraitu; Mmm? Mwiraria; ...as I said...I wrote a memo ? which is interesting... You know when I came...and we talked here.... nilipigia Magari (I called Magari, the Treasury PS) ...there is a day I came from Kampala and I found Magari had just gone to the PAC (Parliamentary Accounts Committee) and he had said he knew Anglo Leasing so when I went back, I told you why I talked to H.E (His Excellency), H.E wanted information before I went back...asked for information...I got the contract, I went through it, and the memo to H.E. ....And H.E. agreed that you should try and get back the money. So I found out from my officers who know where the other money had come from... I didn’t even ask them to give me the names. So I said, go and see them?tell them.... tunataka hio ingine (we want that other stuff)...the money is now in the Central Bank. It has been returned now. The transcript ends.