Hide and go seek with corruption

File | NATION Former anti-graft Czar, John Githongo. 

By Peter Leftie pmutibo@ke.nationmedia.comPosted Friday, December 17 2010 at 21:00

In Summary

• Latest diplomatic cables released by whistleblower website Wikileaks allege that former KACC director shielded top government officials from investigations
• Paragraph five provides details of statements made by Ringera to Githongo that Githongo took as direct threats to his life by the Kenyan political elite.

Senior Kenya government officials plotted to assassinate President Kibaki’s former advisor on corruption and ethics, John Githongo, according to the latest expose by whistle-blowing website Wikileaks.

Secret cables written by American ambassador to Kenya, Michael Ranneberger reveal that the plot to kill Mr Githongo was hatched last year by “leading Kikuyu politicians” including ministers of government.

The controversial US envoy captures Mr Githongo’s fears for his life in Financial Times journalist Michela Wrong’s book “It’s our turn to eat” because of his efforts to expose the multi-billion shillings anglo leasing scandal.

“Paragraph five provides details of statements made by Ringera to Githongo that Githongo took as direct threats to his life by the Kenyan political elite, to include Ringera. This TD corroborates Githongo’s conclusion about Ringera who is identified in a room with leading Kikuyu politicians, including Ministers of government, plotting to kill Githongo in 2009,” Mr Ranneberger wrote in the classified cables, dated September 16 last year.

The US contemplated banning former anti-corruption director Aaron Ringera and his family members from entering America last year over corruption allegations.

Latest classified American diplomatic cables released by whistleblower website Wikileaks allege that the former Kenya Anti Corruption (KACC) Director has consistently shielded top government officials from investigations over corruption apart from engaging in the vice himself.

“Embassy is seeking a security advisory opinion under Section 212(f) of the Immigration and Nationality Act, Proclamation 7750, suspending the entry into the United States of Aaron Gitonga Ringera and members of his family,” American ambassador Michael Ranneberger tells his bosses in Washington in the cables dated September 16 last year.

The cables are addressed to the US assistant secretary of state in charge of African Affairs, Johnnie Carson, himself a former envoy to Kenya.

“Post strongly believes Mr. Ringera has engaged in and benefited from public corruption in his capacity as Director/Chief Executive of the Kenya Anti-Corruption Commission (KACC) for the last five years by interference with judicial and other public processes, and that this corruption has had a serious adverse impact on U.S. national interest in the stability of democratic institutions in Kenya, U.S. foreign assistance goals and the international economic activities of U.S businesses,” Mr Ranneberger wrote.

But in an interview with Sunday Nation last week, Mr Ringera dismissed the allegations and maintained that he had done his best to fight corruption during  his stint at the helm of KACC.

“My record speaks for itself. I put myself 100 per cent into anti corruption. I know myself and the truth will one day be known even if takes 20 years. I am on record for recommending prosecution of eight ministers, nine permanent secretaries and 61 heads of parastatals. I also investigated 16 MPs over illegal payments,” he stated.  

Mr Ranneberger tells his bosses that Mr Ringera is a frequent traveller to America and is expected to “shortly” apply for a US visa.

He however noted that Mr Ringera had not been informed of the plan to deny him a visa. He also stated that Mr Ringera had been in the US on five occasions since 1997, including three times in 2007 alone.

“We have not established whether or not Ringera has children and, if so, who they are,” he states concluding thus:”Because of the serious effect of Mr. Aaron Ringera’s corruption, Post recommends that Mr. Ringera be excluded for travel to the U.S. under section 212(f) of the INA and that no exception be granted.”

Nation could not however establish whether the ban was ever effected.

Quoting extensively from Michela Wrong’s book “It’s our turn to eat” which chronicles high level corruption in Kenya, the US envoy accuses Mr Ringera of using his office to block investigations into high level corruption.

According to Mr Ranneberger, the former anti-graft boss also uses his office to shield President Kibaki’s political allies from prosecution over corruption.

“Justice (retired) Aaron Ringera has been Director/Chief Executive of the Kenya Anti-Corruption Commission since its inception in 2004. During this period, despite a string of major corruption scandals that have come to light before and after his appointment, he has not only failed to successfully investigate a single senior government official, he has actively thwarted their successful investigation and prosecution by teaming with Attorney General Amos Wako,” Mr Ranneberger told his superiors.

Irregular appointment

“Ringera is part of a system that has evolved over time involving the Attorney General and the judiciary that works together to avoid or suppress investigations/prosecutions of top GOK officials,’ the envoy wrote.

“Ringera provides cases via investigation to the Attorney General’s office and insists that they’re strong cases. The Attorney General fails to prosecute, arguing that the cases are poorly investigated and sends them back to Ringera,” he explained.

“If any cases of significance leak through and go to court, the judiciary can be counted on to quash those that are the most sensitive at the direction of senior government officials,” he went on.

The US envoy who has come under stinging criticism from the government in recent days following his not so flattering assessment of president Kibaki and Prime Minister Raila Odinga’s leadership retraces Mr Ringera’s controversial re-appointment to head the anti-graft body in August last year.

To Mr Ranneberger, the move went a long way in demonstrating Mr Ringera’s close links with key decision makers at State House and his invaluable role in shielding the high and mighty from prosecution over high level corruption.

“Ringera’s key role was recently confirmed by the irregular manner in which he was re-appointed on August 31 by President Kibaki to a second five-year term. The “process” involved in Kibaki’s decision-making demonstrates that key players in the GOK hierarchy wanted to retain Ringera to avoid having to deal with a new and potentially effective KACC Director,” Mr Ranneberger wrote then.

It took spirited efforts by Parliament to overturn President Kibaki’s decision and force Mr Ringera and his two deputies, Ms Fatuma Sichale and Dr Smokin Wanjala out of office. Mr Ringera has since been replaced by PLO Lumumba.

Mr Ranneberger revisits the tribulations president Kibaki’s former advisor on corruption, John Githongo underwent in his efforts to fight high level corruption in the Narc government and Mr Ringera’s alleged direct involvement in frustrating him, quoting extensively from the book. He squarely blames Mr Ringera for the government’s failure to prosecute all the high ranking government officials implicated in the multi-billion shilling anglo-leasing scandal.

“However, due in part to Ringera’s complicity, not a single senior government official has been successfully prosecuted for the theft of hundreds of millions of U.S. dollars from Kenya.”

“Justice Ringera has played his part in not pressing hard on this case and attempting to discourage Githongo from releasing information and investigating Anglo-Leasing further,” Mr Ranneberger alleges.

The US envoy alleges that Mr Ringera is part and parcel of a cabal of well connected government officials who have amassed a fortune through corruption, based on reported past interactions between the former anti-graft czar and Mr Githongo.

“Githongo’s interactions with Ringera paint the picture of a man (Ringera) who is part of the system within the GOK that protects its own from prosecution regardless of the crime committed and will, if necessary, kill to enforce the system.”

He cites a conversation between the two men on November 4, 2005 during which the former KACC director confirmed Mr Githongo’s apprehensions that the government was not committed to fighting corruption within its ranks.

“On November 4, 2005, Githongo admitted to Ringera his realisation that the GOK leadership (among them President Kibaki) really only wanted him there as window dressing to “go through the motions” in fighting corruption” to which Mr Ringera responded. “So you stay there, you are a little wiser and you know that you are there. You can’t, in fact, afford to make any move. That’s when you will really be killed,” he added. If you wanted to resign and go today, that’s when they would kill you,” Mr Ringera added.

Mr Ranneberger further picks a conversation between the two men in London, during which Mr Ringera allegedly warned Mr Githongo that the Kenyan intelligence “would put something in your tea” if the latter went public about the Anglo Leasing scandal.

The US envoy cites Mr Ringera’s deliberate refusal to act on Mr Githongo’s dossier on anglo leasing dossier as proof of his complicity in high level graft.

Mr Ranneberger alleges President Kibaki’s hand in Mr Ringera’s failure to fight corruption at the highest levels of government, again based on Mr Githongo’s accounts contained in Ms Wrong’s book.

Anglo Leasing

“It was clear that Ringera was not independent of President Kibaki. According to the book’s author, “The day we met he (Ringera) boasted that he had never taken a telephone call from the presidency during his time in office.”

“But a former colleague says he never needed to, going round in person to State House to receive instructions. He would call staff together and say: the message from the president is A, B, C, and D.”

Mr Ringera is also accused of deliberately tampering with taped recording of an interview between Mr Githongo and KACC on anglo leasing in London in March 2006 as a clear pointer to the former’s involvement in promoting graft.

He questions the failure of the government to prosecute senior government officials including former Vice President Moody Awori and former ministers David Mwiraria and Chris Murungaru and Mr Wako despite KACC’s recommendation that they be prosecuted over the anglo leasing scandal.

“There is a pattern of behaviour by Justice Ringera that makes it clear that he is part of the shell game, rather than trying to fight it,” the envoy concludes.

Mr Ranneberger laments that Mr Ringera’s five-year stint at the helm of KACC had seriously undermined American interests and foreign policy priorities.

“Overarching all U.S. interests in Kenya is the need for the GOK to implement the reform agenda agreed to by all major political parties in the aftermath of the 2008 post-election violence,” the envoy stated.

“By obstructing due process and committing corrupt acts, Ringera has demonstrated that he is an obstacle to reform in Kenya and a major contributor to the country’s culture of impunity. As a result, he stands against vital U.S. interests in Kenya,” he warns.

Mr Ranneberger states that Mr Ringera was obstructing Kenya’s path to reforms required for the country to ensure stability.

“Not moving forward on scandals like Anglo-Leasing or Goldenberg means that many of those suspected of stealing massively from the country’s treasury have remained not only unpunished but on the job as Ministers of Government to this day” he adds. The envoy notes that through Mr Ringer’a protection, such corrupt government officials continue to use their positions to steal  Funds to support election campaigns and incite or support violence.

“Like the Attorney General, Justice Ringera can claim a perfect record of not investigating and convicting a single, senior GOK official. This is a remarkable tally in a country that is consistently ranked among the most corrupt in the world,” Mr Ranneberger observes.

“That level of impunity only encourages greater and greater corruption throughout Kenya at all levels. The resulting corruption has a direct impact on U.S. business attempting to operate in Kenya from the police roadblocks set up along major transport routes, to moving goods to/from the Port of Mombasa, to fighting counterfeit products that are undermining American manufacturers based here, to simply being able to operate on a day-to-day basis with bribe-seeking local and regional officials,” he concludes.