Ringera admits failure over Anglo Leasing

• Court ruling bars Kacc from investigating security related cases approved by Attorney General Amos Wako.
• 243 corruption cases investigated by the commission in court.

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.