Mwaliko convicted over Anglo Leasing scandal

Written By:Dzuya Walter/Rose Welimo,    Posted: Wed, Sep 05, 2012

Mwaliko was convicted and sentenced to a non-custodial sentence Former Home Affairs Permanent Secretary Sylvester Mwaliko was Wednesday found guilty of abuse of office in connection with the multi-billion-shilling passports tender awarded to the ghost Anglo-Leasing and Finance Company Ltd. Anti corruption court Jugde Lucy Nyambura ruled that the prosecution had proved beyond reasonable doubt that being the person in charge in the Ministry of Home Affairs, Mwaliko facilitated the award of the contract to Anglo-Leasing arbitrarily without the knowledge of the department of Immigration and without verifying the status of the company before agreeing to enter into any contract with it. Mwaliko was convicted and sentenced to a non-custodial sentence. However the court imposed a 3 million shillings fine on him. And in case he fails to raise the fine, he will be forced to serve a three-year sentence. In his defense Mwaliko had told the court that he only acted under instructions. Mwaliko was in January put on his defence in connection with the multi-billion-shilling passports tender awarded to Anglo-Leasing and Finance Ltd. His co-accused, former Treasury permanent secretary Joseph Magari, Dr Wilson Sitonik and David Onyonka were acquitted for lack of evidence. Nyambura ruled that he had a case to answer as a person in charge of the line ministry that procured the services of Anglo-Leasing in 2003. She concurred with the prosecution that despite being the officer concerned with administration of public revenue in the Vice President's office, Mwaliko failed to comply with procurement procedures and guidelines. She said that as the person in charge, he should have verified the status of Anglo-Leasing Limited before agreeing to enter into any contract with the company. She added that Mwaliko acted in abuse of his office by paying a commitment fee of 31 million Euros to Anglo-Leasing to sub-contract a France-based company yet the company had offered their direct service price of six million Euros. She ruled that Mwaliko disregarded the guidelines provided in the exchequer and audit regulations in awarding the tender to Anglo-Leasing. He was, however, acquitted of giving false information to government authorities. Nyambura ruled that the accusations that he gave false information for the award to Anglo-Leasing could not be sustained because he was not the legal officer who drafted the agreement. Mombasa And at the Mombasa Law courts, Security was tight as Sharrif Sheikh Abubakar popularly known as Makaburi appeared in court  to answer to charges of incitement to violence. Makaburi was charged that on August 27th this year at Masjid Musa mosque in Majengo Mombasa, without lawful excuse, uttered words that all sheikhs associated with the government agents should be slaughtered, all churches within the region should be burnt down and any officer in sight be killed. He is further charged with having made inflammatory statements calling for the death or physical injury to any person or to any class, community or body of persons or destruction of property. Makaburi is alleged to have made the statements shortly after the killing of Sheikh Aboud Rogo. Mombasa Chief Magistrate Elvis Micheka will deliver his ruling on the 17 of this month.