Attorney General Amos Wako has given the green light for arrest and prosecution of Industrialisation minister Henry Kosgey setting the stage for another exit from Cabinet.
Wako gave the order after evaluating evidence on Kenya Anti-Corruption Commission’s file on Kosgey over his decision to waive orders banning importation of cars older than eight years.
Sources revealed the AG has concurred with the recommendation by KACC, which investigated the graft claim, that Kosgey be prosecuted. Files with the AG’s instructions have already been sent to KACC for action, sources at the anti-graft body confirmed. "As we are speaking, police officers have been dispatched to his residence to arrest him," revealed the highly placed source, who declined to be named, adding an official statement would be issued today.
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| Industrialisation Minister Henry Kosgey addresses journalists outside Integrity Centre in Nairobi, last year, after he was grilled by KACC over importation of 3,000 old cars. [PHOTO: Moses Omusula/STANDARD] |
A police source confirmed to The Standard: "We have been to the minister’s house twice in a bid to arrest him but in vain. We have put all officers on alert and expect him in court as soon as possible."
The AG’s consent to prosecute means Kosgey’s date with the courts is no longer a case of if, but when. His lawyer Mr Julius Kemboy expressed surprise at the news his client was being sought by police adding Kosgey was, "shocked and surprised because he has no clue why."
Corruption claims
"He is not a criminal, why would police be looking for a minister who has State vehicle, security and driver? If this is how they look for a minister what would happen when they want the ordinary man? Will they launch an helicopter raid?" asked Kemboy on the phone.
The order may jolt the tenure in Cabinet of a man who has been minister since 1980, just before he turned 32. Except for one parliamentary term when he was beaten by lawyer Kimaiyo arap Sego in the infamous 1988 mlolongo elections, shunting him out of Cabinet, and after the 2002 defeat of Kanu by the Rainbow Coalition, Kosgey has enjoyed one election victory after another in Tinderet from 1979, something that has earned him the nickname ‘Dinosaur of Kenya’s politics’.
His political career has all along withstood adverse claims of corruption and abuse of office, including the 1987 All African Games theft of Sh200 million by runaway American promoter Dick Berg while he was the line minister, collapse of Kenya National Assurance while he was executive chairman, and Ndung’u Commission Land Report’s assertion he grabbed a huge chunk of public forest land in Nandi South.
Though President Kibaki ruled it would be premature to call on those like Kosgey named as prime suspects by International Criminal Court Prosecutor Luis Moreno-Ocampo to step aside while investigations progress, his days in Cabinet would be numbered.
Just like his rival in the Rift Valley’s turbulent politics, Mr William Ruto, he could be forced to step aside by the President in consultation with the Prime Minister, if he does not do so voluntarily.
Incidentally, though in politics Kosgey and Ruto may seem like oil and water, both are awaiting the ruling by the ICC judges on Moreno-Ocampo’s application, expected in March, that they be tried for crimes against humanity.
Impounded at port
Though Ruto represents different political forces in the Rift Valley, with the Eldoret North MP pulling away from Mr Raila Odinga and Orange Democratic Movement, while Kosgey holds on to the PM and his party, both are fighting a survival from the ICC sword, and both are now in local courts over abuse of office charges.
The car importation saga broke out last October, after it emerged that hundreds of old vehicles imported into the country on claims they had been cleared by Kosgey were impounded at the port.
In November, the minister conceded he allowed a friend of his bodyguard to import a vehicle, which was more than eight years old.
The minister appeared before KACC last year to explain why his ministry gave exemption letters to the importers. If Kosgey is arraigned in court, he will become the third minister forced out of Cabinet in the past two months following graft claims.
Apart from Ruto, the other is Mr Moses Wetang’ula who held the Foreign Affairs docket. In October, President Kibaki suspended Ruto from Cabinet until a land fraud case against him is determined.
Kilome MP Harun Mwau also stepped aside last month as Assistant minister in the Transport docket after he was named among four MPs facing an illicit drugs involvement probe.
KACC director PLO Lumumba has announced that no less than four Cabinet ministers and 45 heads of parastatals could be charged in court soon after the anti-graft agency completes investigations against them.
Although he did not name the ministers, it had earlier been announced KACC was investigating old scandals like Goldenberg, more recent ones such as Anglo Leasing, resettlement of internally displaced persons and graft claims in the Water ministry.
Water Minister Charity Ngilu has since been grilled by KACC over claims she favoured firms owned by her relatives and concentrated water projects in her Ukambani backyard.
Vacate office
The Chapter on leadership and integrity in the Constitution is always cited when forcing public officers implicated in scandals to step aside. Section 62 of the Anti-Corruption and Economic Crimes Act stipulates, "a public officer who is charged with corruption or economic crime shall be suspended at half pay, with effect from the date of the charge."
After Kosgey appeared before KACC last month he said he had been summoned to verify importation documents relating to 67 vehicles, which had been intercepted by the anti-graft body.
KACC spokesman Nicholas Simani then explained the commission was holding 62 old vehicles at the port of Mombasa while Kenya Revenue Authority was holding over 300 others.
The Beneficiaries
Responding to questions by angry MPs in Parliament the following day, Kosgey admitted he had given the waivers.
But he claimed the beneficiaries were only individuals who had imported the vehicles within the age limit but took time to register the vehicles and pay duty thereby exceeding nine or 10 years.
Kenya banned importation of motor vehicles manufactured eight or more years before the date of importation.
The Standards Act, however, allows the Industrialisation Minister to allow vehicles older that eight years to be brought into the country but on the advice of the board of Kenya Bureau of Standards.
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