Goldenberg Commission of Inquiry Report - Mars Group Kenya

adversely mentioned persons who had not testified numbered over 1500.
As at the date we wanted to conclude public hearings we had received
evidence in public from 102 witnesses; over a period of about 20 months.
In view of that we did not consider that it would be reasonably feasible to
conclude the public hearings within a reasonable time. That was also
the view of the Hon. The Attorney General, who immediately preferred an
appeal to the Court of Appeal against that decision.
16. The Court of Appeal made a ruling in Civil Application No. Nai 310
of 2004 allowing us to proceed with our mandate. This ruling appears at
Appendix “K” of this report.
17. Some reports of investigations earlier on carried out on the
Goldenberg Affair were among the documentary exhibits which were
tendered in evidence. These include, the Report on the Parliamentary
Public Accounts Committee, Proceedings on PAC [Exht.51 and 122A],
Extracts of PAC Vol.1990/91, 1995/95 [Exhts. 92,92A, 92B], Price
Waterhouse Report [Exht.60] and Wabuti Report [Exht. 122]
18. We pored over these and other documentary exhibits, and we must
add that they were useful as a basis for a more detailed inquiry.
[D] PROBLEMS FACED DURING THE INQUIRY
19. Our task was not without major obstacles. This Judicial
Commission was established before the Goldenberg related criminal
cases were terminated. Those cases concerned Messrs Kamlesh Pattni,
Eliphas Riungu, Lazarus Wanjohi, Michael Wanjihia Onesmus, Wilfred
Karuga Koinange, Job Kilach and Goldenberg International Limited.
20. To pave the way for our inquiry, in view of the sub judice rule, the
Attorney-General on 24 th February, 2003 entered a nolle prosequi
pursuant to the provisions of Section 82 of the Criminal Procedure