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In arguing for reinstatement, the Prime Minister explained to Parliament that no domestic inquiry
into the scandal surrounding the purchase and disposal of embassies abroad ever implicated the
Sirisia MP saying- “Honourable Wetangula has neither been recommended for prosecution nor
charged with any crimes before a court of law.” 74 He further said that the Ethics and Anti-Corruption
Commission in its interim report to the Attorney General had observed that at the end of the
domestic investigations their findings were inconclusive and that the role of Wetangula in the
transaction was yet to be ascertained as there was no correspondence directed to or emanating
from him. 75 MPs however argued that investigations into the controversial purchase had not been
concluded and that so far no investigating agency had cleared either Wetangula or Thuita.
4.2.3. Milimani Law Courts
The good news on reforms in the Judiciary were somewhat dampened by reports that over KES
1 billion of tax payers’ funds could have gone down the drain following shoddy construction work
on the Milimani Law Courts. Less than one year after renovation of the former Income Tax House
meant to convert it to an ultra modern courthouse, reports indicated that the roof had caved in,
sewers were broken, lifts had stopped working and staff lacked access to the internet. 76
Digital locks in sensitive areas were not working and leaking water often caused electric faults.
A police officer had been hurt in one of three occasions when the roof caved in. Perhaps the
saving grace was the fact that the Chief Justice personally blew the whistle on the scam and one
hopes that this was just a legacy of the old order. In response to the media reports, the Ministry of
Public Works, which was responsible for the construction work, indicated that the disrepair on the
Milimani courts building was a normal occurrence and as such seemed to justify the breakdown
of the building. 77
4.3. Corruption and Organized Crime
Some of the most unsettling news regarding corruption in Kenya in 2011 related to revelations
of the extent to which organized crime has infiltrated state institutions. Corruption that is
associated with organized crime has been described as “the most insidious, socially deadly and
institutionally destructive form of corruption...it eats up governance institutions starting with
police, customs and immigration and then moves up the food chain into the Judiciary, revenue
authorities and then into Parliament and always makes a move to be on the right side of State
House or right inside it.” 78
74 David Ochami and Peter Opiyo, “Raila defends Wetangula’s reinstatement to Cabinet”, The Standard, 9 November 2011
75 Ibid
76 Bernard Momanyi, “Ultra Modern Milimani court building falling apart,” http://www.capitalfm.co.ke/
news/2011/11/%E2%80%98ultra-modern%E2%80%99-milimani-court-building-falling-apart/ (November 2011)
77 Obure, “State of disrepair at Milimani law courts ‘normal’,” http://www.ntv.co.ke/News/Obure+Sate+of+disrepair+at+Mi
limani+law+courts+normal/-/471778/1285548/-/ia1285z/-/index.html (December 2011)
78 John Githongo & Ndungu Wainaina, “Drugs: The Final Frontier in the War Against Corruption,” Nairobi Star, 17
December 2011
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