Public waits for answers to scandals whose reports are still kept secret

The civil society wants the Government to reveal the outcome of investigations into the scandals that rocked the grand coalition government last year.

The scandals led to the resignation of a Cabinet minister and a high ranking official of the Central Bank of Kenya. At one time, differences of opinion over the scandals appeared to tear the coalition government right down the middle.

Following public outcry, President Kibaki appointed a commission of inquiry into one of the scandals. The outcome of that investigation is yet to be made public, like so many others before it.

And by simply keeping silent on other scandals, the Government has let them peter out without offering any explanations to the public.

Waiting for answers

“We ought to remind the Government in stark terms that we are still waiting for answers into some of these scandals,” said Mr Omar Hassan, vice-chairman of the Kenya National Commission on Human Rights.

He added: “The Government usually keeps quiet in the hope that these scandals will be forgotten. But let’s show it that it won’t be the same in 2009.”

He urged the public not to get tired of demanding credible answers from the Government over scandals.

Seasoned lawyer and former Kabete MP Paul Muite said the silence amounted to misuse of power, incompetence, impunity and corruption by Government.

“The public has every right to know the outcomes of every investigation into the scandals - its the public that goes at a loss,” he said.

As a sign of its commitment to fighting corruption in the new year, Mr Muite challenged the Government to make public reports of previous commissions of inquiry, and act upon them.
The first scandal to hit the fledgling grand coalition was over the controversial sale of the five-star Grand Regency Hotel, now Laico Regency.

The hotel, formerly owned by the controversial Goldenberg architect Kamlesh Pattni, is said to have been sold at far below its market price through underhand deals.

It was sold to Libyans, trading under the name of Libyan Arab Investment Company, for Sh2.9 billion. The market price of the hotel is said to be Sh7 billion.

Lands minister James Orengo blew the whistle over the sale of the hotel in June. He said the deal was corrupt since the Cabinet had not been made aware of the sale.

He also queried the manner in which the transfer of the hotel’s title deed was done without his knowledge. The sale is said to have been concluded during a State visit by President Kibaki to Libya in 2006.

Finance minister Amos Kimunya, who was handling the transaction, was put on the spot after initially denying that the hotel had been sold. He was eventually forced to step aside after Parliament passed a vote of no-confidence in him.

President Kibaki then appointed a commission of inquiry, headed by retired Justice Majjid Cockar to look in to the sale of the hotel. The report was handed to the President in November, but has not been made public.

As the Grand Regency saga was raging, Immigration minister Otieno Kajwang’ was put on the spot over the issuing of work permits to foreigners of questionable backgrounds and qualifications.

The minister is said to have overlooked the advice of his technical officers to grant work permits to a foreign welder and salesman and eight members of the Church of Jesus Christ of Latter Day Saints under unclear circumstances.

However, the minister denied any wrongdoing and was subsequently absolved by the parliamentary select committee on National Security.

But the Kenya Anti-Corruption moved in to question the minister. The anti-corruption investigators revealed that a cartel of brokers, some of who were not in the civil service, had access to confidential information provided by applicants, which they used to solicit bribes running into billions of shillings.

Others investigated by the graft watchdog included the minister’s personal secretary Risper Omollo, his personal assistant C. A. Onyango, permanent secretary Emmanuel Kisombe and immigration services director Joseph Ndathi.

Six months later, Kenyans are yet to know the outcome of those investigations.

On the evening of September 25, Somali pirates hijacked a ship full of military tanks and arms. Ukrainian vessel MV Faina was hijacked off the Kenyan coast with 33 T-72 Russian-made battle tanks, rocket propelled grenades, 23 anti-aircraft guns and ammunition

The Kenya government insists the weapons were meant for its military; a US Navy spokesman said the arms were imported by Kenya on behalf of Southern Sudan.

Mr Andrew Mwangura of the East African Seafarers’ Assistance Program said the Somali pirates claim to be in possession of confidential documents showing that the arms were actually destined for Southern Sudan and not Kenya.

But a terse statement from Government Spokesman Alfred Mutua insisted the shipment belonged to Kenya. Kenya does not have a history of buying arms from Russia.

It was also at this time that the De La Rue scandal came into light. It is believed that this scandal cost former deputy governor of the Central Bank of Kenya, Mrs Jacinta Mwatela her job.

Mrs Mwatela who headed CBK’s tendering committee is said to have opposed the renewal of the De La Rue contract. De La Rue has won most of the contracts through single sourcing, which Mrs Mwatela termed as illegal.

The Government is said to have lost billions of shillings, hence Mrs Mwatela’s demand that the tendering be done competitively.

Certain individuals, who were unhappy with her stand, are said to have orchestrated her transfer to the Ministry of Northern Kenya and Other Arid Areas as a permanent secretary, which she declined and later resigned from the civil service.

With her departure, the trail on the De La Rue saga seems to have run cold. In the scandal at NSSF, pensioners are said to have lost more than Sh2 billion.

The revelation followed an intense power struggle pitting Labour minister John Munyes against former managing trustee Rachel Lumbasyo.

The minister wanted to edge out Mrs Lumbasyo to pave way for investigations into the operations of the fund. But the board of trustees bitterly resisted.

However, the entire board was sent packing in December after it emerged that the fund might have lost more than Sh3 billion through dubious transactions.

Although Kenya Anti-Corruption Commission moved in to investigate operations at the pensioners’ provident fund, no arrests have been made, and the investigation might end up like so many others before it - nowhere.