The Actors In The Scandal  
Daily Nation
19 May 2004

Page: 4

Chris Murungaru, minister of State in the Office of the President, Provincial Administration and National Security: It was he who told Parliament that the deal had been suspended pending investigations. As minister for National Security and provincial administration, he is in charge of many departments where procurement is handled in utmost secrecy.

In fact, many projects can escape scrutiny simply by being linked to security. This is what happened to the passports project as its value balooned from a modest Sh800 million to Sh2.7 billion by direct procurement.

Joseph Magari , PS, Treasury : It was the Treasury that led the move to elevate the Immigration Departments passport issuing system into a multi-phase project and at a cost of Sh2.7 billion, more than three times the original. And it was Mr Magari who signed the suspect contract with mysterious Anglo-Leasing and Finance Company, which was paid Sh91 million as a 3 per cent commitment fee.

He is an uncle of businessman Jimmy Wanjigi, who was mentioned in Parliament as one of the people who brokered the deal alongside another merchant, Mr Deepak Kamani.

Silvester Mwaliko – PS, Office of Vice-President and Ministry of Home Affairs (suspended): A low-keyed permanent secretary in the Office of Vice-President and Ministry of Home Affairs, which is charge of the Immigration Department, Mr Mwalikos involvement might stem largely from his office.

He is the ministrys chief accounting officer, but seems to have ignored protests from the Principal Immigration Officer, Mr Henry ole Ndiema, that the giant project mooted by the Treasury was way beyond the requirements.

Wilson Sitonik, director of the Government Informational Technology Services (suspended): He was responsible for the technical evaluation that set aside the Immigrations passport project and imposed the far more expensive one pushed by the Treasury and the Office of the President.

As head of IT in the Government, Dr Sitonik, who is based at the Treasury, has also been closely involved in controversial projects aimed at achieving e-governance.

David Mwiraria, minister for Finance:

As minister for Finance, he naturally steps into the picture. He is Mr Magaris boss, and the one authorised to sign foreign loan agreements on behalf of the Government.

Mr Mwiraria will have a turbulent time in Parliament explaining why, in October, he signed a secret authorisation for Mr Magari to sign the agreement with Anglo-Leasing and Finance. Dorcas Achapa , chief litigation counsel, A-Gs chambers: A new name in the line-up, Ms Achapas name first came into the picture when she was suspended last week along Mr Magari, Mr Mwaliko and Dr Sitonik. Any government contract, including those involving international lending, must be scrutinised and approved by the Attorney-General as the chief legal adviser to the Government.

Maoka Maore, MP for Ntonyiri:

It was the Kanu MP who blew the whistle on the scandal when he tabled documents in Parliament three weeks ago. Now in his third consecutive term, Mr Maore has established himself as one of the most effective opposition MPs.

He cut his political teeth as a member of Mr Mwai Kibakis Democratic Party when he was first elected in 1992. He defected to Kanu ahead of the 2002 elections at a time when it seemed that the then ruling party with a new presidential candidate, Mr Uhuru Kenyatta, would sweep the board in central Kenya and rest of the country. Moody Awori, Vice-President and minister for Home Affairs: He seems to have been drawn into the issue only by virtue of his position as Leader of Government Business in Parliament, and also as minister for Home Affairs under which Immigration falls.

Mr Awori was clearly uncomfortable in Parliament when he rose to read a government statement defending the deal. He tried, instead, to convert it into a personal statement in order to clear his own name.

John Githongo, PS for Governance and Ethics : Once Mr Maore raised the issue in Parliament, Mr Githongo quickly launched investigations. The only PS based at State House and thus has free access to President Kibaki, he dealt directly with the anti-corruption police handling the matter. When it appeared that powerful forces would withdraw the police after the government statement in Parliament, he again reassured that the investigations were still on track.

Henry ole Ndiema, Principle Immigration Officer: Mr Ndiema escapes censure because he expressly protested to the Treasury about the enhanced project. Although he was the end user, it seems that he was not consulted when the decision was made to scrap his initial proposal and accept the Anglo-Leasing deal. Jimmy Wanjigi, businessman: Despite his having been mentioned many times, Mr Wanjigis role remains unclear. His name does not feature in the audit report, though there have been claims in Parliament that he has been involved in sourcing funds for the project, presumably for Anglo-Leasing.

Much has been made of the fact that Mr Wanjigi, son of former Cabinet minister Maina Wanjigi, is Mr Magaris nephew. But his business activities probably extend beyond the presence of his uncle at the Treasury. He enjoyed close links with powerful forces in the Moi regime and seems to have extended his contacts to the present regime. He was questioned by anti-corruption police, where the scope of investigations might have been much wider than just an audit query.

Mr Deepak Kamani, businessman: His exact role also remains unclear. Like Mr Wanjigi, Mr Kamani is not mentioned in the audit report, but his name has also featured in Parliament as one of those behind the deal. He is a member of the Kamani family which runs Kamsons Ltd, the company behind the importation of the infamous Mahindra Jeeps for the police in the early 1990s. Whatever connection between the company and Anglo Leasing is not clear. He was questioned by the anti-corruption police.

Anglo Leasing and Finance Company: This is the firm the Government paid Sh91 million in advance to mobilise financing for the deal. Our early inquiries established that it was not known at Alpha House, 100 Parliament St, Liverpool, the address listed on the government payment vouchers. It is also not registered in the UK, and a statement has claimed that it is based in Switzerland and only has a representative office in the UK. But a search at the Swiss company registry also drew a blank. When the matter exploded last week, Anglo Leasing announced it was pulling out, saying that it would refund the advance payment.

Francois Charles Oberthur Fiducaire (FCO): A respected and well established security printer, the French firm had been contracted to undertake the Sh2.7 billion project. Last week, it placed a newspaper advertisement defending the deal. James Magara, MP, South Mugirango: As chairman of the Parliamentary Public Accounts Committee, he will play a crucial role in the investigations. The Auditor-General has contented himself with the official paper trial, but PAC may go further, especially in questioning public servants named in the deal.