Will Kamlesh Pattni’s court victory encourage Uhuru and Ruto on ICC cases?

"Magnate"

Obviously this is an irreverent question, and not the sort of thing that could be countenanced in academia or in diplomatic circles. But I just couldn’t help myself since I write about practical realities in politics and governance here, while watching the podcast of Maina Kiai and Joel Barkan discussing the “Implications of the Kenyan Election” @NED and a question from the audience has inquired about the latest Pattni ruling.

Last week we learned that Kamlesh “Paul” Pattni, one of Kenya’s wealthiest “men of business” (not like Uhuru, apparently, but very wealthy) had been the beneficiary of a big legal breakthrough as the media reported that High Court Justice Joseph Mbalu Mutava had ruled back in March that Pattni could not be prosecuted in the trial courts for the notorious Goldenberg corruption scandal.

“Judge defiant after clearing Pattni of Goldenberg scam”

The judge also observed that the report by Commission of Inquiry chaired by former Court of Appeal judge Samuel Bosire on the scandal on which the existing criminal case was anchored is flawed and that most witnesses had died or their memories have faded.

Pattni moved to the High Court in August last year seeking to quash the criminal proceedings at the magistrate’s court and stop the State from further criminal prosecution on the scandal estimated to have cost Kenya billions of shillings.

On Pattni’s prayer that the media be barred from reporting on the case, the judge said that the court could only intervene to set parameters of reporting to protect someone’s rights.

Last November, Justice Mutava’s conduct was put to question in a petition filed against him by Havi and Company Advocates on behalf of the International Centre for Policy and Conflict (ICPC). It sought to have the judge removed from office over his handling of the Pattni cases.

ICPC had argued that the whole matter had not been handled through the correct procedure and some court orders made were outside of the law.

The petitioner had faulted the judge’s handling of the case and accused him of being part of “an orchestrated cover-up to aid and abet Pattni’s criminal conduct”.

Justice Mutava was later transferred to Kericho from where he wrote the controversial judgment on Mr Pattni’ application for the case to be scrapped.

Continue reading

“What are your views on corruption?”

[From “Envoy Predicts Free and Fair Election”, The Standard, December 18, 2007–an interview with U.S. Ambassador Michael Ranneberger nine days before the Kenyan election]

Q: What are your views on corruption?

A: Lots of people look at Kenya and say lots of big cases have not been resolved because of Anglo Leasing and Goldenberg. I always point out that we have lots of corruption even in the US. These cases take a lot of time to bring to justice. We had the famous Enron case. It took over four years to resolve in a system that works efficiently, yet only a couple of people were convicted. These things take a long time.

There has been substantial effort to fight corruption in Kenya and the award the country won for Civil Service reform [from the World Bank] is a pointer to that effect. The fact that the Civil Service is more professional than ever before is progress as are the new procurement laws recently put in place and the freedom of the Press to investigate and expose corruption. More, of course, needs to be done.

The economy has grown by 7 per cent. How much of that has actually trickled down to the people will again be determined by time.

A career diplomat, Ranneberger has been in Kenya for close to one-and-a-half years, and has served in Europe, Latin America and Africa.

This was a full page “exclusive” feature interview in The Standard nine days before the 2007 Kenyan election. “Envoy predicts free and fair election”, December 18, 2007.

During previous days The Standard had been running new revelations about corruption in the Kibaki administration from documents from exiled former Kenya Anti-Corruption Commission chairman John Githongo. Rumor had it that Githongo wanted to be able to return to Kenya and might want to be able to return to government after the election, although I had no knowledge one way or the other about whether that was true. Githongo’s personal adventure trying to address corruption in the Kibaki administration is the subject of Michela Wrong’s It’s Our Turn to Eat. Wrong rightly noted in her book that stealing the election was the ultimate corruption.

Ranneberger has somewhat reinvented his public persona in Kenya the last couple of years, in that he now openly criticizes and challenges Kenyan politicians and is outspoken against corruption. Readers of this blog will know that I agree with him, now, on corruption and that corruption is nothing new. I wish him “happy trails” as he completes his tenure in Nairobi and moves on.

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.