Goldenberg Commission of Inquiry Report - Mars Group Kenya

83. In his evidence before us Kamlesh Pattni stated that before he
presented his aforesaid application to Hon. Saitoti, he had earlier
presented the same to His Excellency Daniel Arap Moi, the then
President of this Republic, who had endorsed his approval on it. Mr.
Pattni testified that he was conducted to the President’s Kabarnet
Gardens home by Mr. Kanyotu on a date he could vividly remember. It
was there that he presented his application. He was categorical that on
that occasion he gave the President a sum of Kshs.5 million in
Kshs.100/= notes in a suit case in effect to grease his palms in order for
him to grant him the approval he needed. Initially we had no reason to
disbelieve him. However we called evidence from CBK on whether Kshs.5
milion in Kshs.100/= notes could fit in a large suitcase. Likewise we
asked the proprietor of the shop, namely Nyals, from where Mr. Pattni
said he bought the suitcase used, whether indeed Pattni had bought a
suitcase from them. It transpired that Kshs.5 million could not fit into a
large suitcase and could not possibly have been easily carried by a single
person. The proprietors of Nyals denied having ever sold a suitcase to
Mr. Pattni or ever having dealt in the business of selling suitcases or
briefcases. The story was clearly incredible. Besides, evidence was
tendered which suggested that on the day Mr. Pattni said he visited the
President, the latter could have been on an overseas trip. In view of the
above evidence we did not attach any weight to Mr. Pattni’s story.
Additionally Hon. Saitoti in his press statement (Exht. 179B Pg.182) states
that he evaluated GIL’s application in pursuance of government policy on
the matter. There is no suggestion in the statement that he was directed
by any person or group of persons to reach his decision.
84. The third reason is that the Ministry of Finance, had earlier
received a similar application from a company known as Aurum Ltd. The
application was addressed to His Excellency The President Hon. Daniel T.
arap Moi. That application was later transmitted to the Ministry of
Finance for necessary action. The request made in the application was,
firstly, that the company be granted an enhanced rate of export