Goldenberg Commission of Inquiry Report - Mars Group Kenya

entrepreneurship cannot be over-estimated. The
Goldenberg affair became, in the words of that British
Dramatist and novelist, Dodd Smith, “the dear octopus,
whose tentacles we never quite escape.” Kenyans want to
escape from this octopus so that Kenya can be a vibrant
state with a free and democratic system of government
that enshrines good governance and the rule of law, and
where there is an equitable framework of economic growth
and equitable access to national resources. The tentacles
of the octopus have to be cut.”
(See Appendix “D” for full text)
5. On his part the Chairman of the Law Society (LSK), after expressing
displeasure regarding the Attorney General’s earlier stand on a private
prosecution of those he alleged were principals in the Goldenberg
scandal stated as follows:
“My Lords, the previous Government,
through the Attorney-General, exhibited pathological fear
not to solve the Goldenberg case, and the Law Society of
Kenya welcomes this Commission that will hopefully
provide answers to the thousands of questions that
remain unanswered over the Goldenberg scam. For the
last ten years, the Goldenberg cases, whether civil or
criminal, have jammed the congested corridors of our
judicial system. Case after case often came to our courts
usually on the same issue, but at times leading to
different results. The cases have muddled the
jurisprudence of our courts. For those of you who were
students of jurisdiction of the Goldenberg cases, you will
recall that initially during the tenure of Hon. Chief Justice
Cockar, the decisions of court went one way and the
Central Bank won most of the cases. However, when the
late Justice Chesoni assumed the office of the Chief
Justice, the jurisprudence of the courts went the very
opposite direction, and the Central Bank lost most cases,
notwithstanding the fact that the Judges remained the
same and the facts were constant. Justice Chunga’s
tenure as Chief Justice was a mere continuation of Justice
Chesoni’s tenure in so far as those issues are concerned.
…
My Lords, in this regard, the Tribunal as part of its
mandate must address, in the view of the Law Society of
Kenya, three issues: First, it will be wrong for the
Commission to see the Goldenberg issue just as an
economic crime. Yes, it is an economic crime, but that is
just one facet of the puzzle … Secondly, we must
appreciate and investigate why the Government, despite
its enormous resources and legal powers failed to
prosecute the principals of this crime. The role played by
the office of the Attorney-General which in a way led to the
formation of this Commission of Inquiry, must in our view
be appreciated, addressed and investigated. My Lords,
thirdly, it is the view of the Law Society of Kenya that you