Ringera admits failure over Anglo Leasing

Kenya’s top anti-corruption agency has admitted that investigations into the multi-billion Anglo Leasing scandal have collapsed.

This follows a court ruling barring the Kenya Anti-Corruption Commission from investigating security related cases approved by Attorney General Amos Wako, Kacc director Aaron Ringera, said.

A bitter Mr Justice (rtd) Ringera who talked of his tribulations as the anti-graft chief said the fate of the investigations into the scandal totalling about Sh56 billion would depend on an appeal Kacc plans to file against Mr Justice Joseph Nyamu’s decision.

"I hope (the ruling) will be reversed on appeal. If upheld it will be too bad for this country," Mr Ringera told the closing session of training on public corruption and undercover techniques offered by US government to Kacc officials.

Speaking a day after Britain’s Serious Fraud Office announced that it had discontinued investigations into Anglo Leasing scandal due to lack of cooperation by the Kenyan Government, Mr Ringera blamed the Judiciary for the move.

He said the local investigations into the scandal were continuing well until when it started unearthing evidence of grand corruption.

He said the suspects then moved to High Court where they received orders barring Kacc from investigating security contracts for being matters of national security. Anglo Leasing contracts are security related.

Last year, the court ruled that security contracts approved by Mr Wako could not be investigated by Kacc as both Kacc and the AG’s office were members of the executive.

The court also ruled that Kacc had no powers to seek or receive Mutual Legal Assistance (MLA) from other countries were meant to cripple the Anglo Leasing investigations, said Mr Ringera.

MLA is the formal way in which countries request and provides assistance in obtaining evidence located in one country

The court’s move, Mr Ringera said, made foreign governments see Kenya as a country which was not serious in fighting graft.

"I must speak with restraint here because my heart is raging with fury and anger. I have never been in a job more frustrating than being director of Kacc," Mr Ringera told the meeting attended by US ambassador to Kenya Michael Ranneberger and Kacc deputy director Smokin Wanjala among others.

Mr Ringera warned his successor at Kacc that it will not be easy going.

He said Kacc was waiting for records and typing of the court proceedings which were not yet complete before appealing to the ruling.

He said the SFO had committed itself to assisting Kacc and said it must be supplied with evidence that could enable the suspects be prosecuted.

"The Kenyan courts however ruled that Kacc cannot investigate the cases," he said.

The Kacc boss denied that SFO stopped investigations due to lack of will from Kenya and instead said “our hands have been tied by the judiciary."

Mr Ringera named SFO, FBI, Dutch Police and Swiss AG’s office as among those that assisted Kacc in Anglo Leasing investigations.

He also denied that Kacc was only dealing with small fish saying in the last four years, the body has investigated, concluded and forwarded 496 files to the AG and that in 373 of them it recommended prosecution.

"We are proud of our record," Mr Ringera said.

He added that 243 corruption cases investigated by the commission were in court.

He appealed to Parliament to pass anti-money laundering Bill that is pending in Parliament to boost the war against graft.

Mr Rannerberger called for full investigation and prosecution of all corruption cases in the country.

Saying he had confidence of Mr Ringera’s work at Kacc, Mr Rannerberger added: "Kenyans and their friends in the international community agree that there can be no return to the ways of the past, and culture of impunity must not be allowed to persist.

"Half-measures, whether with respect to institutional reforms or to fighting the scourge of corruption-will not be credible to the Kenyan people or to the international community," he said.

On Wednesday, the SFO announced that it had stopped investigations into the Anglo Leasing contracts due to lack of evidence from Kenya.

It said the investigations could only continue if Kenya supplied the evidence.

The SFO said the case depended on mutual legal assistance from the Kenyan Government.

The Serious Fraud Office is an independent government department that investigates and prosecutes serious or complex fraud. It is part of the UK criminal justice system.

The Anglo Leasing scandal is alleged to have started when the Kenyan government wanted to replace its passport printing system in 2002.

The tender was originally quoted at Sh588 million from a French firm, but was awarded to a British firm, Anglo Leasing Finance, at Sh2.9 billion. The firm would have sub-contracted the same French firm to do the work.

In January 2006, Former Ethics PS, John Githongo named the then Vice-President Moody Awori as one of four top politicians, with Energy minister Kiraitu Murungi, then former Justice minister, former finance minister David Mwiraria and former transport minister Chris Murungaru as being involved.