Kenya Anti-Corruption Commission steps up; Kibaki reverts to form; TJRC fails

News from Kenya suggests that a fresh breeze has finally started to stir on the corruption front. Nairobi Mayor Majiwa was forced to resign in the wake of his arrest on corruption charges, after initially vowing to stay on duty.

“The Big Story” yesterday in the Daily Nation reveals that the Anti-Corruption Commission, the KACC, has begun new efforts to recover from overseas proceeds from the massive and notorious Anglo-Leasing and Goldenburg fraud schemes and probe additional ministries in current scandals. The Commission has written seeking formal assistance from the US, the UK and Switzerland. The Commission cleared away through a successful appeal a 2007 court ruling that it did not have authority to seek such foreign cooperation, with the Court of Appeals finding the argument that persuaded the lower court to be “idle”. Today, we have the detail that PLO Lumumba, KACC head, says that they are investigating four ministers and at least 45 heads of parastatals.

Nonetheless, President Kibaki appointed George Saitoti, his minister of Internal Security since January 8, 2008 during the post-election violence and a longtime insider, to the additional portfolio of Interim Foreign Minister. As I have noted previously, Saitoti was implicated by human rights groups in Moi-era election violence. He previously stepped aside as Education Minister as suspect in Goldenberg investigations, although the High Court ruled that he should not be prosecuted and he was reinstated. The BBC said at the time:

The court rejected the conclusions of an earlier commission of inquiry that recommended Mr Saitoti’s prosecution over the so-called Goldenberg affair.

The $1bn scam in the 1990s involved government payments to a company for non-existent gold and diamond exports.

Mr Saitoti was serving at the time as finance minister and vice-president.

The court ruled that Mr Saitoti had been acting according to procedure when he approved a payment to the firm Goldenberg International.

The court also noted the attorney-general had cleared Mr Saitoti of wrongdoing in a statement that he issued in parliament more than a decade ago.

“Today marks my happiest day in the last 16 years because during that period I have gone through much pain and suffering,” Mr Saitoti said after the judgement.

Both Mr Saitoti and former President Daniel arap Moi, in whose administration he served, have denied any knowledge of the scam.

For further perspective on the status of corruption and the middle class in Kenya, I highly recommend John Githongo’s inaugural post today on his “The State of Hope” blog: “Colonial Spoils Recycled as New Money”.

In this context, a crucial part of the 2008 settlement and “Reform Agenda”, the Truth Justice and Reconciliation Commission, has completely derailed over the continued clinging to power of Ambassador Bethwel Kiplagat. The American member loudly resigned, neither Parliament nor foreign donors will pay to operate the Commission, and the public obviously has expressed no confidence.

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