An Open letter to Patrick Lumumba Otieno KACC Director

By Adongo Ogony

Ndugu Lumumba, a week ago, you authorized the arrest of a cabinet minister Hon. Henry Kosgey for abuse of office. I believe you promised the country that there are more handcuffs on the way. I can’t wait.

You are today the Commander in Chief as far as protecting our public resources is concerned. There is a reason we pay you more than the other Commander In Chief. I have a few questions for you to address.

First of all do you have a game plan? So far it looks like you are waiting for the M.Ps and their committees to forced feed the KACC. So who is doing your in-tray?

Second, do you have a sense of priority in the KACC case load? Kenyans are concerned that the corruption elephants in their collective tent seem to be resting just fine and may soon bring the tent down while KACC is busy chasing the rats out of the tent.

Starting with Goldenberg case, what is your plan? The Bosire Commission recommended specifically that Prof. George Saitoti be prosecuted in the Goldenberg scam. To everybody’s shock the High Court of Kenya in Nairobi comprising Justices Nyamu, Wendoh and Emukule ruled on July 31st 2006 that it would amount to double jeopardy to charge Saitoti with grand theft and corruption in relation to the Goldenberg saga.

As you know the Attorney General Amos Wako failed the country miserably when he refused to appeal the case even after promising to do so. He waited until after the time had expired then made some belated attempt to get more time. Corruption works in mysterious ways, doesn’t it?

So here is my question. Is Saitoti now safe as far as the Goldenberg case goes? How about the others like Mr. Eric Kotut, former Central Bank of Kenya governor? What exactly can the KACC do or is doing to address the Goldenberg scam? .

How about the Anglo Leasing case? The UK government, through Serious Fraud Office (SFO) has offered assistance to Kenya on this matter. Have you taken up the matter with them? The American government has also promised to help with this case for years now. What really is holding the Anglo Leasing “investigations”? Can you explain this to Kenyans?

A very strange thing happened not so long ago. Mr. Yagnesh Divani one whom we have been told has an arrest warrant in relation to the Triton case visited your offices. What the heck is going on? Has he been cleared of any wrong doing? If so by who and when did that happen?

I am also very disturbed by your decision to unilaterally be giving amnesty to land thieves as long as they hand over their stolen title deeds to you? Who gave you such powers?

And what happens to those who forget or do not bother at all to return stolen land? Do they just keep it? Do you know if former president Mr. Moi has any intentions of returning Kiptagich farm? If so when might that happen?

I was going to whisper this to you, but you know how hard it is to whisper in writing. But there are loud whispers out there that you are completely compromised when it comes to dealing with alleged land thefts by our former president Daniel Arap Moi. For one, he just appointed you the Dean of Kabarak Law School just before you took your new job. Moi doesn’t just appoint people to guard his babies, even the ones sitting on stolen land. He has to trust you.

So do you think you can crank the heat when it comes to Moi or that is a no go zone for you? Certainly you have seen the Ndung’u report. Any chance you might start some work on that?

Talking about curious things, I was taken aback by your decision to be the Master of Ceremonies at the wedding of your buddy Mr. Moses Wetangula’s daughter at a time when you were supposedly investigating his involvement in the scams at the ministry of foreign affairs where Kenyans have lost close to Kshs 6 billion. How do you deal with conflict of interest affecting you personally when your business partners and friends are being investigated?

I also just read in the papers that one of the PSs you are investigating Mr. Thuita Mwangi is back at State House doing some dubious things. Did you clear him to go back to work or is he breaking curfew?

PLO, please clear the big cases that we all know to the best of your ability? Handle the Goldenberg case, the KROLL report, land thefts, Anglo Leasing cases and others of high priority to Kenyans. Until these are resolved nobody will take you seriously. If you break those cases, you will have planted a firm foot in fighting corruption. If you do not, you will go the Ringera style. There are no two ways around it. Ask Ringera.

Your good friend Adongo Ogony. ( The writer is a human rights activist)