How Goldenberg cases failed

File | NATION
Former director of defunct the Kenya Anti-corruption Commission Ms Fatuma Sichale

What you need to know:

  • Former Kacc director tells panel that crucial evidence was destroyed in forest by a governor

Destruction of crucial evidence dealt a deadly blow to prosecution of suspected masterminds of the Goldenberg scandal, a former anti-corruption director revealed on Thursday.

Ms Fatuma Sichale, who worked with the defunct Kenya Anti-Corruption Commission, on Thursday told the panel interviewing applicants for the position of Court of Appeal judges that documents relating to the multi-billion scandal were destroyed in Karura Forest on the outskirts of Nairobi.

“As we begun investigating the Goldenberg case, it became clear that all the necessary evidence relating to the case had been destroyed,” Ms Sichale the Chief Justice Willy Mutunga-led panel on day four.

“In fact there was evidence that a governor oversaw the destruction of the documentary evidence in a forest,” she added.

She said this made it difficult for the commission to prosecute the case.

“When you go to court, you must have evidence and short of that evidence surely your case will just be dismissed,” she said.

Ms Sichale also revealed how the commission was barred from completing investigations into the Anglo-Leasing scandal—which involved procurement of security passports and equipment.

International aspects

She said although their investigations on the local level had completed five out of 18 files, former Attorney General Amos Wako’s office returned them to the commission.

“The AG returned the files, not saying that the evidence was not sufficient but he took a different angle and asked us to carry out international aspects of investigations,” she said

The former director said the investigation were never completed because those implicated fought back and won.

“One of the persons (implicated) went to court and sought an order barring Kacc from carrying out investigations from outside the country.”

Ms Sichale also revealed how a government official asked her to “go slow” on the investigation of money laundering and corruption claims against former Finance Minister Chris Okemo and former Kenya Power boss Samuel Gichuru.

“She told me that if I did, she would guarantee me a position in the next government,” she said. However she did not let out when the offer was made to her.

Came under fire

Earlier in the day, Lady Justice Murugi Mugo appeared before the panel where she came under fire over reports the Judicial Service Commission had received regarding her conduct.

“They say, you are discourteous, humiliate stakeholders who appear before you, embarrass them, unprofessional, problematic and violent in nature,” Chief Magistrate Emily Ominde read out the grievances to her.

Judge Mugo said that the complaints made about her in Nakuru and Meru were because she was trying to introduce order in the court.