NAIROBI, Kenya, Oct 28 - A member of the Kenya Anti-Corruption Advisory Board was shot and seriously wounded by gangsters in Nairobi on Wednesday night.
Police said Suru Tanna was attacked near his residence in Riverside.
“He is now admitted to hospital in serious but stable condition,” a police officer based at the Kilimani police station said without elaborating.
Police did not provide any more details about the attack but family members said it occurred on Lavington Road at 8 pm.
“The gangsters wanted to take his car and when they ordered him to come out, they could not start it so one of them shot at him,” Mr Tanna’s daughter-in-law Sona told Capital News on telephone.
“They [thugs] also took away his valuables and a laptop from the car before they escaped,” she added.
She said Mr Tanna was still admitted to the Nairobi Hospital’s Intensive Care Unit.
“He is responding well to treatment… he is in a stable condition,” she assured.
KACC’s Spokesman Nicholas Simani later told Capital News that the commission was equally shocked about that attack and shooting of Mr Tanna.
“We do not know the motive of the attack but the matter is under investigation by the police,” he said on telephone from his Integrity Centre office.
Mr Tanna is listed on the KACC’s website as one of the 12 Advisory Board members representing various sectors and interests through civic, religious, professional and business organisations.
The Board is chaired by lawyer Eric Okong’o Omogeni.
Mr Tanna was nominated to the KACC Advisory Board by the Kenya Association of Manufacturers [KAM] where he previously served as board member and later chairman.
He is the chairman of General Printers Ltd, a flexible packaging company in Nairobi.
His past appointments include chairman and trustee of Kenya Printing and Converting Association.
Mr Tanna has previously served as a board member of several entities among them the Kenya Business Council and East African Business Council.
He has also served in various government ministries in various specialised assignments including at the Ministry of Finance where he was a member of the Tax Remission Office
He is a trustee of several charities and a member of business forums and associations.
Friday, October 29, 2010
Who is next in line?
By Standard Team
After Foreign Affairs Minister Moses Wetangula’s bitter exit to make way for investigations into controversial purchases and property disposal in his ministry, nine ministers could be next on line. Focus turned on the ministers and other State officials whose offices are under probe as the oversight role of Parliament’s investigating and departmental committees also got scrutinised and questions asked about their work. MPs were divided over resignations on account of taking ‘political responsibility’ for mistakes of other officers. The exits are meant to clear way for unfettered investigations.
The ministers could also be dragged through the humbling rigour of defending themselves against claims of corruption and other suspect deals in their ministries in House committees through which Parliament scrutinises contracts and complaints of abuse of office, imprudent management of public affairs, and misuse of public funds.
The nine ministers who may not necessarily have been directly involved will be made to account for the dealings that took place in their ministries and on which the House holds them accountable. The ministers include Deputy Prime Minister, Musalia Mudavadi, in relation to the Nairobi City Council’s Sh283 million-cemetery saga, under his Local Government ministry. Several State officials, lawyers, businessmen Mayor Geoffrey Majiwa are facing criminal charges in court over the scam.
When the cemetery storm fell, Mr Mudavadi fought off claims he was a recipient of part of the money, as claimed by Kenya Anti-Corruption Commission. Local Authorities Committee is about to conclude a report on the scandal.
Mudavadi sued KACC, but the anti-graft agency went ahead to prosecute top officials, among them suspended PS, Sammy Kirui. Because of the court case this probe is partly sub judice. But the committee chaired by Wajir North MP, Muhamed Gabow, is said to be closing in on key officials at the ministry and increasing pressure on Mudavadi. Parliament usually argues its operations are independent of the Judiciary and the Executive.
Also on the MPs’ radar are Cabinet Ministers Amos Kimunya and Ali Chirau Mwakwere over the concessioning of Kenya Railways to the Rift Valley Railways Consortium.
Justice Minister Mutula Kilonzo is also on watch in relation to a standing recommendation by Public Investments Committee over what it deems irregular Sh150 million legal fees he collected from the National Social Security Fund in 1990s.
PIC, it is reported, intends to update the recommendation to surcharge Mutula, who is a lead actor in judicial reforms and war on impunity. The 17th report is expected before the end of next month.
In the 16th Report, PIC recommended the investigation and prosecution of Mwakwere, who was the Transport minister, and Kimunya then the Finance minister, over the collapsed concessioning of KR in which it reports the ‘lucky’ South African firm involved injected on Sh16,800.
The report also indicts Finance Secretary, Joseph Kinyua, and Investment Secretary, Esther Koimett, for allegedly abetting fraudulent transfer of KR operations, or failing to exercise due diligence before signing the deal. Though the PIC findings are not new, and despite KACC probing the KR affair, matters could get complicated for the two ministers and State officials if Parliament makes true its word to return to it.
Fraud charges
Interestingly, PIC chairman Mithika Linturi and Agriculture Committee Chairman John Mututho, who are leading most of the probes on ministers, are themselves grappling with fraud charges.
Mututho argues House committees are only achieving 10 per cent of their mandate. "When we do 100 per cent, there will be a lot of crying."
He was referring to upcoming reports by his committee. He also argues the Executive is scared of an assertive Parliament.
Local Authorities and Fund Account Committee chairman, Thomas Mwadeghu, says committees, "are within their mandate. They have the right to bring out anything that serves public interest".
Defence and Foreign Relations Committee chairman, Aden Keynan, who led the attack on Wetangula, said Kenya needs more of these committees. Gwassi MP, John Mbadi, who sits on the Public Accounts Committee, wants ‘political responsibility’ defined to avert abuse and unnecessary crucifixion of ministers.
It also emerged PIC is also yet to finish its investigations into the troubled expansion of the Kenya Pipeline Corporation. The investigation is said to be causing anxiety at the Ministry of Energy now, although the project was began before the 2007 General Election. The minister here is Kiraitu Murungi; the PS is Patrick Nyoike, while the MD is Selest Kilanda.
According to reliable reports from within PIC, the committee is zeroing in on key officials believed to have varied specifications of the expansion of the pipeline from Mombasa, through Nairobi to Eldoret by installing a 400- milimetre pipe instead of 800- milimetre one. In the process, the MPs claim, President Kibaki was duped into commissioning an Sh8.5 billion white elephant with half the stated capacity.
The Administration and National Security House Committee is also set to conclude a probe on movement and use of money for the resettlement of Internally Displaced Persons, which was rocked by controversy and claims of corruption. The Special Programmes Ministry was then under Naomi Shabaan, who is now in the Gender ministry.
Irrigation funds
Agriculture and Co-operatives Committee, which audits six ministries and dozens of parastatals, says several ministers are under its scrutiny in its investigation into Harambee Savings and Co-operative Society. Kenya Planters Co-operative Union, Kenya Co-operative Creameries and troubled Agriculture Development Corporation fall under this committee. Co-operatives Development minister Joe Nyagah has often come under attack by various interests and MPs over his management of the sector.
Attorney General Amos Wako has also been at the centre of accusations and counter-accusations over transactions at the Sacco.
On ADC the committee is investigating alleged disappearance of 8,000 head of cattle, land, and other assets.
The Committee on Equal Opportunities is also investigating distribution of irrigation funds. Charity Ngilu is the Water minister in charge of irrigation. The 16th Report of PIC also recommends a criminal probe of Justice Mathew Anyara Emukule over an alleged misappropriation of Sh2million, and a land title when he acted for a sugar and agro-chemicals firm in Nyanza between 1987 and 2000.
After Foreign Affairs Minister Moses Wetangula’s bitter exit to make way for investigations into controversial purchases and property disposal in his ministry, nine ministers could be next on line. Focus turned on the ministers and other State officials whose offices are under probe as the oversight role of Parliament’s investigating and departmental committees also got scrutinised and questions asked about their work. MPs were divided over resignations on account of taking ‘political responsibility’ for mistakes of other officers. The exits are meant to clear way for unfettered investigations.
The ministers could also be dragged through the humbling rigour of defending themselves against claims of corruption and other suspect deals in their ministries in House committees through which Parliament scrutinises contracts and complaints of abuse of office, imprudent management of public affairs, and misuse of public funds.
The nine ministers who may not necessarily have been directly involved will be made to account for the dealings that took place in their ministries and on which the House holds them accountable. The ministers include Deputy Prime Minister, Musalia Mudavadi, in relation to the Nairobi City Council’s Sh283 million-cemetery saga, under his Local Government ministry. Several State officials, lawyers, businessmen Mayor Geoffrey Majiwa are facing criminal charges in court over the scam.
When the cemetery storm fell, Mr Mudavadi fought off claims he was a recipient of part of the money, as claimed by Kenya Anti-Corruption Commission. Local Authorities Committee is about to conclude a report on the scandal.
Mudavadi sued KACC, but the anti-graft agency went ahead to prosecute top officials, among them suspended PS, Sammy Kirui. Because of the court case this probe is partly sub judice. But the committee chaired by Wajir North MP, Muhamed Gabow, is said to be closing in on key officials at the ministry and increasing pressure on Mudavadi. Parliament usually argues its operations are independent of the Judiciary and the Executive.
Also on the MPs’ radar are Cabinet Ministers Amos Kimunya and Ali Chirau Mwakwere over the concessioning of Kenya Railways to the Rift Valley Railways Consortium.
Justice Minister Mutula Kilonzo is also on watch in relation to a standing recommendation by Public Investments Committee over what it deems irregular Sh150 million legal fees he collected from the National Social Security Fund in 1990s.
PIC, it is reported, intends to update the recommendation to surcharge Mutula, who is a lead actor in judicial reforms and war on impunity. The 17th report is expected before the end of next month.
In the 16th Report, PIC recommended the investigation and prosecution of Mwakwere, who was the Transport minister, and Kimunya then the Finance minister, over the collapsed concessioning of KR in which it reports the ‘lucky’ South African firm involved injected on Sh16,800.
The report also indicts Finance Secretary, Joseph Kinyua, and Investment Secretary, Esther Koimett, for allegedly abetting fraudulent transfer of KR operations, or failing to exercise due diligence before signing the deal. Though the PIC findings are not new, and despite KACC probing the KR affair, matters could get complicated for the two ministers and State officials if Parliament makes true its word to return to it.
Fraud charges
Interestingly, PIC chairman Mithika Linturi and Agriculture Committee Chairman John Mututho, who are leading most of the probes on ministers, are themselves grappling with fraud charges.
Mututho argues House committees are only achieving 10 per cent of their mandate. "When we do 100 per cent, there will be a lot of crying."
He was referring to upcoming reports by his committee. He also argues the Executive is scared of an assertive Parliament.
Local Authorities and Fund Account Committee chairman, Thomas Mwadeghu, says committees, "are within their mandate. They have the right to bring out anything that serves public interest".
Defence and Foreign Relations Committee chairman, Aden Keynan, who led the attack on Wetangula, said Kenya needs more of these committees. Gwassi MP, John Mbadi, who sits on the Public Accounts Committee, wants ‘political responsibility’ defined to avert abuse and unnecessary crucifixion of ministers.
It also emerged PIC is also yet to finish its investigations into the troubled expansion of the Kenya Pipeline Corporation. The investigation is said to be causing anxiety at the Ministry of Energy now, although the project was began before the 2007 General Election. The minister here is Kiraitu Murungi; the PS is Patrick Nyoike, while the MD is Selest Kilanda.
According to reliable reports from within PIC, the committee is zeroing in on key officials believed to have varied specifications of the expansion of the pipeline from Mombasa, through Nairobi to Eldoret by installing a 400- milimetre pipe instead of 800- milimetre one. In the process, the MPs claim, President Kibaki was duped into commissioning an Sh8.5 billion white elephant with half the stated capacity.
The Administration and National Security House Committee is also set to conclude a probe on movement and use of money for the resettlement of Internally Displaced Persons, which was rocked by controversy and claims of corruption. The Special Programmes Ministry was then under Naomi Shabaan, who is now in the Gender ministry.
Irrigation funds
Agriculture and Co-operatives Committee, which audits six ministries and dozens of parastatals, says several ministers are under its scrutiny in its investigation into Harambee Savings and Co-operative Society. Kenya Planters Co-operative Union, Kenya Co-operative Creameries and troubled Agriculture Development Corporation fall under this committee. Co-operatives Development minister Joe Nyagah has often come under attack by various interests and MPs over his management of the sector.
Attorney General Amos Wako has also been at the centre of accusations and counter-accusations over transactions at the Sacco.
On ADC the committee is investigating alleged disappearance of 8,000 head of cattle, land, and other assets.
The Committee on Equal Opportunities is also investigating distribution of irrigation funds. Charity Ngilu is the Water minister in charge of irrigation. The 16th Report of PIC also recommends a criminal probe of Justice Mathew Anyara Emukule over an alleged misappropriation of Sh2million, and a land title when he acted for a sugar and agro-chemicals firm in Nyanza between 1987 and 2000.
KACC targets more graft link ministers
The Kenya Anti-corruption Commission (KACC) headquarters. On Thursday, the Kenya Anti-Corruption Commission announced it had written to three foreign governments seeking their assistance in tracing the billions held abroad by Kenyan corruption suspects. Photo/FILE
By SAMUEL SIRINGI ssiringi@ke.nationmedia.com
Posted Thursday, October 28 2010 at 22:21
Fresh investigations have been launched into Kenya’s two biggest scandals — Anglo Leasing and Goldenberg — in a new anti-corruption drive.
The two scandals could have cost the taxpayer some Sh100 billion in over-invoiced contracts, phantom deliveries and outright theft.
New investigations target money stashed in foreign accounts, believed to be about Sh15 billion, part of which may have been proceeds from the two scandals.
The revelations came a day after former Foreign Affairs minister Moses Wetang’ula and his permanent secretary, Mr Thuita Mwangi, resigned to pave way for investigations into the possible loss of Sh1.1 billion in the purchase of embassy buildings in Tokyo Japan.
On Thursday, the Kenya Anti-Corruption Commission announced it had written to three foreign governments seeking their assistance in tracing the billions held abroad by Kenyan corruption suspects.
The letters went out to the government of the United States, Swiss authorities and UK’s Serious Fraud Office, said agency spokesman Nicholas Simani.
Had ceased investigations
In the past, the Serious Fraud Office said it had ceased investigations into the scandal after Kenya proved uncooperative. The Anglo Leasing-type scandals involved contracts with a value of Sh18 billion.
Investigations follow a July court ruling that allowed the commission to seek foreign help in a bid to trace the billions banked abroad.
A High Court ruling three years ago had barred the commission from seeking foreign help to unravel the puzzle that is the Anglo Leasing scandal.
Mercantile Securities Corporation, one of the firms mentioned in the scandal, went to court in June, 2007, to challenge the graft watchdog’s request for legal help from Swiss authorities.
The case was prompted by a letter written by then anti-corruption director Aaron Ringera to the Swiss government seeking assistance to unmask the identities of the real owners of the firm that received Sh914 million for communication equipment that was never delivered.
The commission also sought to know the Kenyan officials involved in the deal. But on July 17, 2007, the shadowy company successfully blocked the attempt.
Mercantile Securities said the anti-corruption agency lacked powers to seek mutual legal assistance from a foreign country, and that such a request would only be made if there were criminal proceedings against the company in Kenya.
But in July, three Court of Appeal judges dismissed as “idle” the argument that the commission could not seek foreign help.
Citing the Anti-Corruption and Economic Crimes Act, the judges ruled that the commission had the powers to seek help from within and without to fight graft.
On Thursday, Mr Simani said in an interview: “We have covered reasonable grounds, which makes us confident we will unearth many new details regarding the scandals… Each time we get new evidence we follow the leads and charge the suspected people.”
The findings would be handed over to Attorney General Amos Wako, he said, after piecing the evidence together. Mr Simani also said that investigations on maize, and the free learning programme funds were still open, with more culprits likely to be exposed.
Recently, commission boss Patrick Lumumba said they would exploit the ruling that allowed them to seek foreign help in tracing stolen money.
The ruling, he said, had redeemed the Judiciary that has long been accused of placing obstacles in the way of the commission’s activities.
Dr Lumumba also told those who stole public money and stashed it abroad to return it before the law caught up with them. He warned that those who had plundered public resources would regret their actions.
At least four ministries, which include Local Authorities, Education and Special Programmes and Energy, have corruption scandals in their departments.
At the Local Authorities, at least 15 senior officials are under investigation following a Sh283 million City Hall cemetery scandal where the taxpayer lost money in land judged to be useless for graves.
Already, permanent secretary Sammy Kirui has been suspended over the scandal while Nairobi city mayor Geophrey Majiwa has been charged in court.
At the Education ministry, Sh103 million was lost through unretired imprests. At least 10 officers have been charged in court following investigations by the graft watchdog.
Thursday, October 28, 2010
Nairobi mayor quits over cemetery scam
NAIROBI, Kenya, Oct 28 - Nairobi Mayor Geophrey Majiwa finally stepped aside on Thursday over over the Sh283 million cemetery scandal.
The mayor decided to quit after a request by Local Government Minister Musalia Mudavadi following advice from Attorney General that the office of the mayor was a public office.
The mayor decided to quit after a request by Local Government Minister Musalia Mudavadi following advice from Attorney General that the office of the mayor was a public office.
Saitoti takes up Foreign Affairs docket
NAIROBI, Oct 28 – The Internal Security Minister Professor George Saitoti has been appointed to act in the Foreign Affairs portfolio following Wednesday’s move by Moses Wetangula who stepped aside to pave for investigations over procurements and disposals of Kenyan embassies abroad.
A dispatch from State House said Prof Saitoti will continue to hold his position at the Internal Security Ministry.
“Following consultations with the Right Hon. Prime Minister Raila Odinga, His Excellency President Mwai Kibaki has today [Thursday] appointed Prof. George Saitoti as the acting Minister for Foreign Affairs,” the brief statement from State House said.
The appointment followed Wednesday’s stepping aside of Mr Wetangula who threw in the towel after sustained pressure from fellow Members of Parliament and civil society organisations.
The Minister told a press conference he was innocent and was optimistic of returning back to the Cabinet once cleared by investigating arms of government.
“I have made a personal decision to step aside as Minister for Foreign Affairs to give room and pleasure to those who have been haunting and tormenting me. I have played no role in formulation, execution or in any manner in the transaction that has been mentioned,” Mr Wetangula said in what went down as one of the most emotitional speeches he has ever made.
Three hours earlier, President Mwai Kibaki had accepted a request by Permanent Secretary Thuita Mwangi to step aside to allow investigations into the Sh1.1 billion scandal that has rocked the ministry.
“I have decided to voluntarily step aside in order to allow the competent government organs to fully and without impediment investigate all matters of concern raised in the Report of the Departmental Committee on Defense and Foreign Relations on construction, purchase and disposal of properties abroad,” said Mr Mwangi in his resignation statement.
He added: “I have consciously taken this decision as an expression of my confidence that at the conclusion of the on-going investigations by the Kenya Anti Corruption Commission, the appropriateness of my engagement with all aspects of the operations pertaining to this matter will undoubtedly be established."
The report by the Defence and Foreign Relations committee called for the resignation of the two senior diplomats to allow investigations into the alleged scam, in which the committee concluded “the public did not get value for money.”
On his part Mr Wetangula said: “If you read that report there is nowhere they have said the Minister did this or that or received any amount of money.”
The scandal involves missions in Cairo, Tokyo, Abuja, Lagos, Brussels and Islamabad.
“I know my innocence is guaranteed because I have not acted contrary to the laws,” maintained Mr Wetangula.
The Minister said his colleagues had misrepresented the facts about the deals and dragged his name into the scandal. He dismissed calls for him to take political responsibility over the matter as the Minister saying the deals were initiated before his appointment.
“Political responsibility does not mean that when you are a politician you carry the crimes of another person or a group if it has been committed unless there is proof that you acted in unison.”
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