Pattni’s graft gang may be pardoned

• Pattni and other key people in Moi and Kibaki administration could benefit from a planned amnesty
• Githongo: Amnesty would be easier way to close past cases of corruption compared to prosecuting the suspects
• American envoy suggests plea bargain system where suspects are treated leniently in exchange for information
• ACK Bishop says amnesty law should be subjected to referendum because capital flight is a serious offence.

Ms Karua said that the country cannot deal with past corruption forever. According to her, Prime Minister Raila Odinga had agreed that endless cases of past corruption should be laid to rest at a meeting with the Kenya Anti Corruption Commission two months ago.

“The debate about dealing with past corruption has been going on and you remember I was accused in 2006 when I proposed the amnesty law that I wanted to shield Anglo Leasing suspects,” she told journalists after presiding over the second day of the Public Service Week at Kenyatta International Conference Centre. Ms Karua was chief guest at the function.

The Justice minister said Mr Githongo, who returned from three years self-exile in London, would not be investigated over whether he broke the Official Secrets Act by leaking Government secrets over the Anglo Leasing saga.

“I am not an investigator to get involved. I am a minister for Justice and Constitutional affairs. We have boundaries,” she said.

On Wednesday, Mr Githongo revived the debate on amnesty for corruption suspects, saying, it was the most practical method of closing old cases.

He said Kenya cannot afford to lose the war against corruption and an amnesty — “however unpalatable and distasteful it looks” — was the most practical way to close the cases. “It is a big hot issue in the world because the blunt object of prosecution only causes delays.”

Speaking elsewhere Thursday, American ambassador Michael Ranneberger suggested that Kenya adopt a plea bargain system where criminal suspects are treated leniently in exchange for providing information and testifying in court against their senior accomplices.

Under the system, Kenya can use a legal arrangement to provide leniency for individuals who have committed economic crimes, said Mr Ranneberger.
He added that America would help with expertise on how the system works.

Under the plea bargain agreement, suspects cooperate with the law enforcement agencies and can act as State witnesses against others or provide information about the criminal underworld in exchange for shorter jail terms or freedom.

Plea bargaining is already practised in India, Poland, Italy, Canada, Britain and the US where it is used to net key players in organised crime.

But on Thursday, the Anglican Church of Kenya Bishop for Maseno South Francis Mwayi Abiero, said amnesty should be extended only after the courts have found the suspects guilty.

Tarnished name

“They have tarnished the country’s name and index as the most corrupt nation. The value of that money could have solved unemployment situation and inflation, which has subjected 38 million Kenyans to a life of hand-to-mouth. They stand accused,” Bishop Mwayi said.

According to him, the law on amnesty should be subjected to a referendum because capital flight is a serious offence.

The chairman of the Kenya Economists Association, Mr George Ojema, said the proposal was not tenable because no arrests have been done and charges preferred against the key suspects.