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Navy story.indd - Mars Group Kenya Publications

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politically sensitive cases. Justice<br />

Minister Karua, who has disputed<br />

the validity of the initial detective<br />

work by former anti-corruption<br />

czar John Githongo, will doubtless<br />

claim vindication. So will Githongo,<br />

who argued in an open letter on<br />

19 September that neither Ringera<br />

nor the Kibaki government has<br />

Wako’s rejection of the KACC<br />

probe seriously undermines<br />

Ringera’s position<br />

shown serious interest in pursuing<br />

Anglo-Leasing and other corruption<br />

scandals.<br />

Karua accused Githongo of<br />

refusing to sign a statement<br />

summarising his analysis of the<br />

brothers in armenia<br />

Anglo-Leasing affair. Githongo<br />

countered that he had given the<br />

authorities a written account. He<br />

had many problems with the KACC<br />

summary of his evidence and had<br />

prepared his own with the help of<br />

his legal adviser, Makau Mutua.<br />

Githongo further said that<br />

Ringera, in two separate interviews<br />

with the KACC in<br />

London, had told him<br />

that he [Githongo]<br />

had made senior<br />

officials suffer and<br />

that the pursuit of the<br />

Anglo-Leasing affair<br />

would be postponed until after the<br />

elections or perhaps indefinitely.<br />

One conversation took place in<br />

the presence of two KACC officials<br />

and Mutua, another just between<br />

Ringera, Mutua and himself,<br />

The report of the Presidential Commission of Inquiry into the activities of<br />

the so-called Armenian brothers – Artur Margaryan and Artur Sargasyan<br />

– uncovers a pattern of fraud and corruption in the police, customs and<br />

immigration services – and in <strong>Kenya</strong>’s political elite. Its most politically<br />

explosive recommendation is for the prosecution for tax evasion and<br />

corporate fraud of Winnie Wangui, the daughter of President Mwai<br />

Kibaki and his second wife Mary Wambui.<br />

The Presidential Commission report, a copy of which has been<br />

obtained by Africa Confidential, also called for the dismissal of Winnie<br />

Wangui from <strong>Kenya</strong>’s civil service. Wangui is listed as a director of<br />

the Nairobi-registered Kensington Holdings, a company linked to the<br />

business dealings of the Arturs. The 66-page report accuses the Arturs of<br />

drug smuggling and money laundering. It recommends their immediate<br />

arrest should they return to <strong>Kenya</strong>.<br />

Yet Chairman of the Commission Shedrack Kiruki stops short<br />

of attributing political responsibility for the government’s apparent<br />

tolerance of the Arturs’ activities. The two were regarded as having<br />

immunity from prosecution and were frequently seen in State House,<br />

President Kibaki’s official residence, during their stay in <strong>Kenya</strong>.<br />

The Commission also fails to explain why Minister of Internal Affairs<br />

John Michuki decided to deport the Arturs after they had assaulted<br />

police and customs officers at Jomo <strong>Kenya</strong>tta International Airport<br />

instead of arresting them for breaking <strong>Kenya</strong>n law. Neither does it refer<br />

to claims that the Arturs were involved in an illegal raid on The Standard<br />

newspaper, in which staff were beaten up, files ransacked, and computer<br />

equipment and copies of the newspaper destroyed.<br />

The Commission says it believes that Sargasyan ‘was involved in<br />

organised crime and drug trafficking and…was seeking an outlet for his<br />

illegal business in <strong>Kenya</strong>,’ but fails to comment on or investigate further<br />

the Arturs’ widely reported links with a series of cocaine shipments<br />

routed through Mombasa (AC Vol 47 No 12). The main casualties of the<br />

Commission report will be Winnie Wangui, her mother Mary Wambui<br />

and indirectly President Kibaki, who has tried unsuccessfully to distance<br />

himself from Ms. Wambui and her daughter. However, Wambui remains<br />

one of Kibaki’s most important political cheerleaders in Nyeri. l<br />

Githongo says.<br />

Ringera denied making any such<br />

statements, especially to Githongo<br />

who is known to tape conversations<br />

with officials. Ringera also rejects<br />

accusations of foul play after it was<br />

discovered that the tapes on which<br />

Githongo had recorded his evidence<br />

to the KACC in London were found<br />

to be blank.<br />

Karua released a list of 18<br />

suspect contracts, prompting more<br />

public criticism of Wako, who, as<br />

the government’s chief legal advisor<br />

since 1991, should have warned<br />

officials more strongly about legally<br />

questionable deals. The KACC says<br />

it has interviewed Wako about<br />

his role but has not published its<br />

recommendations on his position.<br />

Anti-corruption news stories<br />

dominated the agenda from the start<br />

of the week when, on 16 October, it<br />

was revealed that the three <strong>Kenya</strong>ns<br />

who had accused Charterhouse Bank<br />

of running a money laundering and<br />

tax evasion operation costing the<br />

<strong>Kenya</strong>n state some 18bn. <strong>Kenya</strong><br />

shillings (US$240 mn.), had been<br />

granted asylum in the United<br />

States.<br />

The three – Peter Odhiambo, a<br />

Central Bank of <strong>Kenya</strong> (CBK) auditor;<br />

Titus Mwirigi, a CBK consultant;<br />

and Lameck Ocholla Wagumba, an<br />

information technology consultant<br />

with Charterhouse Bank – were<br />

interviewed in safe houses by officials<br />

from the US Drug Enforcement<br />

Agency. After their interviews last<br />

month, the three <strong>Kenya</strong>ns were<br />

flown to South Africa via Tanzania<br />

before flying to the USA.<br />

us concerns We hear US<br />

officials are greatly concerned about<br />

allegations of money laundering<br />

at Charterhouse Bank. Former<br />

Managing Director of Charterhouse<br />

Sanjay Shah vehemently denies<br />

these claims, insisting that the bank<br />

complied with <strong>Kenya</strong>n law and<br />

that none of its officials engaged in<br />

criminal activities.<br />

Odhiambo and Mwirigi had<br />

alerted the then Finance Minister<br />

Mwiraria and then CBK Governor<br />

Andrew Mullei to the Charterhouse<br />

scandal in a detailed briefing in<br />

2004. Mwiraria passed the dossier<br />

to a team of investigators drawn<br />

from the CBK Fraud Squad and<br />

the KACC. The task force’s Henry<br />

<br />

2 0 O c t o b e r 2 0 0 6 - V o l 4 7 - N ° 2 1 - A f r i c a C o n f i d e n t i a l

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