Corruption 2003 - 2007

Whereas, there were no tears of joy when Anglo Leasing type companies started wiring back money paid to them in mysterious circumstances; nor cries of rage when the constitutional court in the recent Saitoti decision set a precedent that may cripple all prosecutions in the Goldenberg affair; for some strange reason no less than three […]
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SETTING THE RECORD STRAIGHT IT’S COMPLETELY UNTRUE THAT NONE OF THE 18 CONTACTS CITED BY EDWARD CLAY WERE ENTERED INTO BY THE KIBAKI ADMINISTRATION

It’s not possible to fight corruption by pretending that the problem is inherited. Kenyans faith in the government’s commitment to fight corruption has dissipated since 2004 when the Anglo […]
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Where else in the world, would you find a Government so unresponsive to its people? Kibaki, whom I personally voted for on December 27th 2002, had only one mandate I cared about. Stop corruption so that we could have economic growth. It is now clear that his much vaunted zero tolerance to […]
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What is it with Kenyan SNO licensing deals? According to Reuters, on Friday 26th January, the Communications Commission of Kenya (CCK) cancelled the SNO unified license it awarded to VTel late last year. CCK has apparently decided to ask the second highest bidder, Reliance Consortium of India, to make an offer within a […]
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Just when it seemed that Kenyans had heard just about all there is to hear about the 56 billion shilling Anglo Leasing corruption scandal, exiled anti-corruption czar, John Githongo has released a second damning audio-recording, which directly implicating two Ministers (Finance Minister David Mwiraria and Justice Minister Kiraitu Murungi) in a plot to cover-up the […]
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A lot has been said about Anglo Leasing, the series of grand corruption scandals that have destroyed any anti-corruption credentials President Kibaki ever possessed.
At its heart, Anglo Leasing concerns 18 security related procurement contracts in which the past and present Government of Kenya, committed to pay over 50 billion shillings to non-existent companies; or to […]
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JUNK!

Often we are asked what the cost of corruption is. Often we find ourselves stumped. Not because we don’t have an answer – but because we can’t find the words to express ourselves. But there is always a moment of clarity. A moment such as that which occurred when a 9 […]
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Kenya’s one billion shillings a year, anti-corruption commission (KACC) can’t seem to get anything right. Following its spectacular misadventures in 2006, when it failed to capture, on tape, vital evidence given to it by John Githongo regarding the Anglo Leasing Scandal and corruption in high places generally; and its embarrassing moment when the Kenyan Attorney […]
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The arrogant posturing of the Minister for Justice & Constitutional Affairs, Martha Karua, is very worrying, considering her prominent position in the Governance, Justice, Law and Order Sector. The minister is now essentially saying that anyone who feels that the Kenyan Executive interferes with the administration of justice is suffering from hallucinations. This is according […]
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This is a reprise of a post I did on my site in January. It occurs to me that we have to keep reminding Kenyans and the government that Anglo Leasing won’t go away, because it has made itself a part of our collective future regardless of whether we care about it or not. The figures to be essentially post-paid are mind-boggling. The economists should tell us what they’d do with 56 billion shillings. The fact remains that Anglo Leasing has also destroyed any anti-corruption credentials President Kibaki ever possessed.
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The Kenya Anti Corruption Commission (KACC) has recently taken the trouble to tell Kenyans, who pay its wages, what it does with at least some of its 1 billion shilling per annum budget. On 19th January 2007, KACC Director, Aaron Ringera, published the anti graft body’s 4th quarterly report for 2006 (October-December) in the Kenya […]
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I rarely have occasion to support the Kenya Anti Corruption Commission (KACC), and still more rarely have any cause to disagree with Senior Counsel Paul Muite, but in this instance I stand in Justice Ringera’s corner. I would urge Kenyans to do the same for reasons stated below.
Being discontented with the very clear ruling […]
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What a week this has been for the Kenyan judiciary - from the absurdity that was reported in the Daily Nation of 24th April 2007 involving institution of contempt proceedings against a chief magistrate for acts done within his official capacity allegations to Vice President Moody Awori's attempts to subvert the judicial process. We […]
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The story of the Anglo Leasing Scandal cannot as yet be conclusively told. Too much information still remains hidden by the Government of Kenya from the people of Kenya. This is obviously not acceptable. The time has come, for the people of Kenya to call the Government of Kenya to account, and demand an end […]
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Did someone use the name of Spacenet Inc., a global player in the VSAT industry, to obtain contracts by deception from the Government of Kenya?
In this affair, the Ministry of Transport & Communications wanted to use 980 Post Offices to roll out Internet services for the Postal Corporation of Kenya (PCK), via a scheme called […]
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Could we be on the verge of cracking the Anglo Leasing case? Over the last two weeks, Members of Parliament have twice discussed the irrevocable promissory notes issued to the fictitious credit providers associated with the 18 or so Anglo Leasing type contracts. And now the Daily Nation reports that the Ministry of […]
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Herein lies a story of the looting of a troubled corporation in which billions of shillings of public investment have been stolen. Since 2001, KPLC has spent billions of shillings buying poles to run electric cable, and mount its transformers. The poles, made of treated wood and concrete, have been sourced from South Africa, Tanzania […]
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 The Government of Kenya frequently bemoans what it sees as a fixation with the resolution of large corruption scandals, all the while ignoring all the building block work that it feels institutions such as KACC have done. The response to such arguments is that in countries such as Kenya with big government and private sectors […]
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We chose to re-upload this article on press freedom because we find it uncannily apt in view of what happened today with the Standard Group. It’s by Doug Linder and was written in 2001.
The Trial of John Peter Zenger (1735): Fast Forward 300 Years -Uncanny Parallel with Kenya in 2007!
No country values […]
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For much of the first half of 2006, a colourful pair of Armenian brothers, Artur Magaryan and Artur Sargasyan (variously described as possibly also being Russian or Czech nationals) amazed and shocked Kenyans with their macho antics and apparent connections to the highest office in the land.
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 Outrage greeted the revelation in February 2006 that the Solicitor General, Mr. Wanjuki Muchemi, had paid 6 lawyers (Dr. Gibson Kamau Kuria, Mr. Waweru Gatonye, Mr. Njoroge Regeru, Ms. Lucy Kambuni, Mr. Kioko Kilukumi and Mr. Fred Ngatia) US$ 1 million as legal fees in November 2005 to handle a case arising from the constitutional […]
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Originally published in Sunday Nation, August 6, 2006
It is said among lawyers and jurists that it is better for 10 guilty men to walk free than one innocent man to go to jail. It is considered sacrilege to the spirit of justice for the law to cause any harm to one who abode to it. […]
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During a meeting at the Treasury called by the Permanent Secretary for Finance, Joseph Kinyua last week to discuss public concern about the Anglo Leasing, invited representatives of civil society requested to see the Anglo Leasing irrevocable promissory notes that Finance Minister Amos Kimunya recently brandished at a press conference. They could not have […]
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Abuse thrives where systemic and ethical controls are weak. Anglo Leasing is merely the latest in a long series of abuses made possible by loopholes in the system. We are unfortunately, sure to hear of more, particularly given that this is an election year. At such times, as Kenyans know through painful experience, the hunt […]
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A Promissory Note is an unconditional promise made in writing by one person or entity to another promising to pay either on demand or at a fixed or determinable time in the future a certain sum of money either to the bearer of the note or to a specified person. In essence a Promissory Note […]
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In a new development, on Wednesday 9th May 2007, Maoka Maore, MP for Ntonyiri, tabled 36 irrevocable promissory notes issued by the Finance Ministry in early 2003 ostensibly to guarantee repayments for a loan by Midland Finance & Securities Limited of Euro 49,650,000 to pay for a digital multi-channel security systems telecommunications network for the […]
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This morning, Wednesday May 9th 2007, Mr. Amos Kimunya refused to table any documentation related to the 18 Anglo Leasing type contracts, which have exposed 34 million Kenyans to an unconscionable debt of Ksh 56.33 billion. The Minister has failed the accountability and transparency test in Parliament and demonstrated that he does not care […]
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The Government of Kenya issued IRREVOCABLE PROMISSORY NOTES valued at more than 56.33 BILLION shillings to GHOSTS. As Kenya’s Controller & Auditor General told Parliament in April 2006, these Promissory Notes were given to various parties - including Anglo Leasing and Finance Limited, for goods and services that did not exist, or if they did, […]
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PRESS RELEASE
PARLIAMENTARY QUESTIONS ON THE PROMISSORY NOTES ON WEDNESDAY 2ND MAY 2007. ORDER PAPER SCHEDULED FOR THE AFTERNOON SESSION. WHERE DOES YOUR MEMBER OF PARLIAMENT STAND?

The Government of Kenya issued IRREVOCABLE PROMISSORY NOTES valued at more than 56.33 BILLION shillings to GHOSTS. As Kenya’s Controller & Auditor General told Parliament in April […]
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In brief we offer an alternative view of the Judgement of the
Constitutional Court
in Re Deepak Kamani & Rashmi Kamani (Petition No. 199 & 200 of 2007) dated June 22nd 2007 by Justice Nyamu, Wendo and Emukule.�
In this constitutional proceedings, Deepak Chamanlal Kamani and his brother Rashmi Chamanlal Kamani had gone to court to […]
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The Kenyan government, Members of Parliament and certain NGOs have embraced a very cavalier and dehumanizing enterprise. Let me call it slum tourism for lack of a better term. Every time a foreign dignitary arrives in Kenya for development and governance business, ministers quickly rush these dignitaries to the infamous slums particularly Kibera and Mathare. […]
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Something is brewing at the Kenya Police Airwing and it’s not smelling too good. Documents have come to light regarding the award of a US$12.8 million (Ksh 840 million) contract to overhaul 4 Russian built helicopters operated by the Kenya Police Airwing.
It would appear that 9 years after they were bought in […]
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 The Navy Ship Scandal & What Parliament Missed
On July 15th 2003, the Government of Kenya (represented by the Treasury and Ministry of Defence) entered into a contract with Euromarine Industries by which Euromarine would deliver an oceanographic survey vessel to the Kenya Navy for close to Ksh 4.6 billion. The contract features as one of […]
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A replying affidavit filed in the Kenyan courts could prove deeply embarrassing to the presidential ambitions of Musalia Mudavadi. In June 2002, Mr. Mudavadi was Minister for Transport & Communications when he wrote a project justification letter to the Minister for Finance, Chris Obure. In the letter he sought exemption for the Postal Corporation of […]

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The brutal and senseless murders allegedly committed by the outlawed Mungiki sect are a reminder, once again, that
Kenya faces a serious security crisis that the security agencies seem unable to control.Since 2003, we have witnessed a breakdown of law and order and systemic and uncontrolled violence, crime and conflicts leading to gross human rights […]
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Anglo Leasing, Promissory Notes And Debt
We have to confess, we like Joe Nyagah, putative presidential candidate for the Green African Party and ODM-Kenya. We especially like his dogged pursuit of the truth about Anglo Leasing and of course the irrevocable promissory notes. Not many know but he has spent much of the […]
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On Cowboy Contractors And How Construction Works In Kenya

Before anyone loses it – this is not an endorsement of anybody’s presidential aspirations. We are merely impressed by the clear exposition on the floor of Parliament of a biting national problem and the exposure of the façade that constitutes the anti-corruption fight by constitutional […]
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Since 1963, corruption has begat corruption in the successive governments of Kenyatta, Moi and Kibaki, as a silent majority watched hoping against hope that they would not be affected. Pastor Martin Niemöller described this phenomenon - the assumption of the ostrich position by collectively burying our heads in the sand as the fruit of […]
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Kenyans may soon know how much we owe to commercial creditors.
It is now settled that Kenya ’s public debt portfolio of US$10 billion is a matter of concern. That a substantial portion of it – over US$1 billion – relates to uncertain commercial creditors is a matter of urgent national importance. That […]
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Kibaki Inauguration speech to the nation on 30th December 2002

I feel extremely happy to address you today. I am overwhelmed by your love. I am emboldened by your support and enthusiasm. I am thrilled by your sense of dedication and commitment to this country. You have renewed my hope and strengthened my belief in the greatness of this country. Now, all of us, both young and old, men and women, Kenyans of every ethnic group, race or creed, have embarked on a journey to a promising future with unshakeable determination and faith in God and in ourselves.


I would like, on behalf of myself, my family and the entire leadership and supporters of the National Rainbow Coalition (Narc), to express my sincere appreciation of all Kenyans for giving me the mandate to preside over the affairs of this great country for the next five years.


I am greatly honoured for the confidence you have extended to me and I promise not to let you down. You have asked me to be your chief servant and I accept it with humility and gratitude. I would like to congratulate all our elected Parliamentary and civic leaders who will also be servants of the people.


The National Rainbow Coalition represents the future of Kenya politics. Narc is the hope of this country. Our phenomenal success in so short a time is proof that working together in unity, we can move Kenya forward. Look around you, see what a gorgeous constellation of stars we are, just look at this dazzling mosaic of people of various ethnic backgrounds, race, creed, sex, age, experience, and social status. Never in the history of this country have its leaders come together and worked so hard together as on indivisible entity with one vision. It is the love of Kenya that has brought us together. We chose to let go our individual differences and personal ambitions in order to save this nation.


Some prophets of doom have predicted a vicious in-fighting in following this victory. I want to assure you that they will be disappointed. When a group of people come together over an idea or because of a shared vision, such a group can never fail or disintegrate. NARC will never die as long as the original vision endures. It will grow stronger and coalesce into a single party that will become a beacon of hope not only to Kenyans but to the rest of Africa.


This is a critical moment in the history of our country. The task ahead is enormous, the expectations are high, the challenges are intimidating. But I know that with your support and co-operation, we shall turn all our problems into opportunities.


You have asked me to lead this nation out of the present wilderness and malaise onto the promised land. And I shall. I shall offer a responsive, transparent and innovative leadership. I am willing to put everything I have got into this job because I regard it as a sacred duty.


I offer our competitors a hand of friendship. We have been through a long and sometimes bitter electioneering campaign. Now, the elections are over, there should be no bitterness. Let us all unite in forgiveness, reconciliation, and hard work to rebuild Kenya. Nation building requires joint efforts of all Kenyans. Let us work for our common destiny; and advance our common aspiration to bequeath a better country to our children.


I salute the efforts of the gallant freedom fighters and builders of modern Kenya. I salute my worthy predecessors for their contribution to this nation. The mistakes people have made in the past should not distract us from confronting the enormous challenges ahead.


One would have preferred to overlook some of the all too obvious human errors and forge ahead, but it would be unfair to Kenyans not to raise questions about certain deliberate actions or policies of the past that continue to have grave consequences on the present. We are, however, not going to engage in witch-hunting. Our task will be to advance Kenya’s interests and ensure they are well served.


We want to bring back the culture of due process, accountability and transparency in public office. The era of "anything goes" is gone forever. Government will no longer be run on the whims of individuals. The era of roadside policy declarations is gone. My government’s decisions will be guided by teamwork and consultations.


The authority of Parliament and the independence of the judiciary will be restored and enhanced as part of the democratic process and culture that we have undertaken to bring to foster.


Fellow Kenyans, I am inheriting a country which has been badly ravaged by years of misrule and ineptitude. There has been a wide disconnect between the people and the Government, between people’s aspirants and the government’s attitude toward them.


I believe that government exists to serve the people and not the people to serve the government. I believe that govern- ment exists to chart a common path and create an enabling environment for its citizens and residents to fulfil themselves in life. Government is not supposed to be a burden on the people, it is not supposed to intrude on every aspect of life and it is not supposed to mount roadblocks in every direction we turn to in life. The true purpose of government is to make laws and policies for the general good of the people, maintain law and order, provide social services that can enhance quality of life, defend the country against internal and external aggression and generally ensure that peace and stability prevails.


These will be the aims and objectives of the Government under my leadership. My Government will provide the creative potential of the Kenyan people. My government will adhere to the principles and practice of the rule of law in a modern society. My government will conserve national environment, develop Kenya’s resources and protect national heritage.


Corruption will now cease to be a way of life in Kenya and I call upon all those members of my government and public officers accustomed to corrupt practice to know and clearly understand that there will be no sacred cows under my government.


The economy, which you all know has been under-performing since the last decade, is going to be my priority. There is deepening poverty in the country. Millions of our people have no jobs. School enrolment has been declining. In fact the education sector, like all other sectors, is steadily deteriorating. Millions of our people do not have access to basic and affordable health services. Our roads and other infrastructures are dilapidated. Most of our institutions are falling and basic social services are crumbling. There is growing insecurity in our cities and towns. The list is endless.


My government will embark on policies geared to economic reconstruction, employment, creation and immediate rehabilitation of the collapsed infrastructure. We shall restructure public institutions to match them with demands of modernising society. A new Development Plan will be produced soon in order to give _expression to the promises we made in our Election Manifesto. Provision of free primary education for all our children will be immediate goal. Other areas to receive our immediate attention include:


· Provision of greater access to affordable healthcare, Reform in the delivery of social services.

· Refocus on agriculture and tourism as growth drivers of the economy.

· Privatisation non-performing public enterprises in a transparent manner and

· Improvement of security through the restraining, re-equipping and re-orientation of the security and armed forces of our country.

My government will work closely with the private sector and with our external partners to fulfil these promises. We need the support and understanding of the international community to succeed in the task we have embarked on to recreate our beloved country.


On our part, my government will use tax revenues transparently, effectively and efficiently. We shall streamline procurement procedures and close all loopholes that have in the past led to massive wastage of national public resources.


My government will continue to play a leading role in East Africa, Africa and the world. It will support and facilitate all positive efforts to resolve the conflicts in Somalia, Sudan, Burundi, Democratic Republic of the Congo, and other trouble spots in Africa. Kenya continues to bear a heavy burden of these regional conflicts with hundreds of thousands of refugees in our land. As a country which has suffered two devastating terrorist attacks, we shall work closely with others to root out causes of terrorism in the world. We desire to live in a peaceful world, united by a common sense of purpose in pursuit of a safe common future.


Once again, I call on all Kenyans to work with my government to realise the enormous potential of this country. We invite all those who have been hounded out of our shores by repressive policies of our predecessors to come back home and join us in nation-building. Kenya needs to genius of its citizens wherever they are. It is time for healing, and we need every hand on deck.


I was woken up this morning by rays of sunlight, which had bathed my room in such brilliance that it felt completely new. I began to notice things around me in great details. It was as if the room had been given a facelift. I looked out of the window and, behold a cloudless sky. The trees danced lazily enjoying the early morning breeze. I looked far into the horizon and the beauty of what I saw around me stirred my soul. It was as if I was standing atop Mount Kenya surveying the landscape. I said to myself "Oh, what a beautiful country!"


Indeed, we are so blessed, so endowed. Poverty, scepticism and despondency are not supposed to be our lot. Ours is a land of unparalleled beauty and promise. It is a land of laughter and hope.


My fellow Kenyans, I will strive to lead you to create a country you can be proud of again. Let us join hands and remain united for the sake of our country. That way Kenya will be a happy place for all of us. That is my dream.


God bless you all.

God bless Kenya.
Thank you

TRANSCRIPT OF THE OFF THE CUFF REMARKS MADE BY PRESIDENT KIBAKI DURING THE INAUGURATION CEREMONY.

Fellow Kenyans, first I would like to thank you because you decided to conduct elections in Kenya in a peaceful manner. In that way, we managed to free ourselves and from now, we want every Kenyan, who is trustworthy and patriotic, to decide that we will fight corruption in all ways and that we will have no sympathy for anyone who will try to loot public property.

Fellow Kenyans, the second point which is of importance to us is that we decide to direct all our efforts in building our economy, so that our country becomes rich once again, earn respect in Africa, and earn respect in the world. This is how we can build Kenya.

The third issue is that, we as residents of East Africa, we will unite with our sister countries, which are here today to build a new Africa. So, today Kenyans, let us celebrate together and decide that we will build a new Kenya.

Kenyans, since we had elections, and voted wisely, I find it necessary to add ourselves an extra day for holiday, on 2nd of January to celebrate all these. So, thank you Kenyans, thank you very much.

 

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