Pattni’s graft gang may be pardoned

Goldenberg architect Kamlesh Pattni and key people in the Moi and Kibaki administrations could benefit from a planned amnesty for past corruption.

But to get the pardon, they would have to confess and pay back any money they stole.

The new amnesty law was in the pipeline, Justice and Constitutional Affairs minister Martha Karua said on Thursday.

She spoke a day after former Ethics and Governance permanent secretary John Githongo proposed that those linked to past corruption be pardoned if they admitted their wrongdoing and returned the stolen money.

An easier way

According to Mr Githongo, amnesty would be an easier way to close past cases of corruption compared to prosecuting the suspects. The former anti-graft advisor in President Kibaki’s office returned to Kenya on Tuesday, three years after going into self-exile following alleged threats on his life after he exposed the Anglo Leasing scandal.

Should the proposal for pardon become law as Ms Karua indicated on Thursday, such forgiveness would benefit key politicians and senior civil servants implicated in Goldenberg and the Anglo Leasing scandals, which rocked the Moi and Kibaki administrations respectively.

Mr Pattni, who was adversely mentioned in the report prepared by the Bosire Commission of Inquiry into the Goldenberg saga could benefit from such pardon.

He is at the heart of the ongoing investigations into the sale of the Grand Regency Hotel. Mr Pattni has in the recent past said he gave up the hotel in exchange for amnesty. However, Central Bank has refuted his claims and said it only agreed to withdraw a civil case against Mr Pattni when he surrendered the hotel.

Other key personalities adversely mentioned in the Bosire report were retired president Moi’s sons, Gideon and Philip, Mr Moi’s former personal assistant Joshua Kulei, former Central Bank of Kenya governor Eric Kotut, former CBK deputy governor Eliphas Riungu, former CBK employees Job Kilach, Tom Werunga and Michael Wanjihia, former Treasury permanent secretaries Charles Mbindyo, Wilfred Karuga Koinange and Joseph Magari.

Politicians in the Narc administration who had been adversely mentioned in the Anglo Leasing and related scandals included the then Finance minister David Mwiraria, the then Internal Security minister Chris Murungaru and the then Justice and Constitutional Affairs minister Kiraitu Murungi.

Mr Murungi and Mr Mwiraria were later cleared of any wrongdoing.

A number of former permanent secretaries and other government officials are also facing Anglo Leasing related cases in court. The include Kuresoi MP Zachayo Cheruiyot, who is a former Internal Security permanent secretary, former Home Affairs PS Sylvester Mwaliko, former Finance PS Magari and former finance secretary in the Office of the President, Mr John Agili Oralo.

Different cases

Other prominent personalities sued by Kenya Anti-Corruption Commission over different cases include Agriculture minister William Ruto, former Kenya Seed Company managing director Nathaniel Tum, former NSSF boss Josephat Konzolo and former National Aids Control Council boss Margaret Gachara, who was given a presidential pardon after serving part of her jail term.

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.