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Citizen Weekly

Sunday 10 August 2014


...Government, opposition wars get nasty
Cord leaders are now threatening to unleash a damning and an explosive dossier on what could have been the possible cause of the demise of former Internal Security minister, George Saitoti who perished in a horror chopper crash in Ngong on June 10 2011.

According to sources within the alliance, to counter Jubilee’s moves to fix top Cord luminaries by linking them to multiple scandals, Cord will seek to link Saitoti’s untimely departure to political shenanigans gone awry. The idea is to politicise the sudden death to Cord’s advantage as political enmity between the two protagonists reaches dangerous verge.

It is said if Saitoti had been around to participate in 2013 presidential race whetrher as candidate or running mate, the political map would likely have been different today. During his burial, Raila Odinga, then prime minister, claimed that he was working with the professor on a major political plan. Sources say that Raila was pushing Saitoti to run for the presidency to split the Mount Kenya vote.

Saitoti’s presidential bid is said to have divided the then President Mwai Kibaki kitchen cabinet with majority supporting his political ambitions. Saitoti had set up a well wheeled campaign secretariat in Nairobi’s Westlands area. When he died, talk was rife on the cause of his death with claims it was political assassination.

There were fireworks in parliament when then ODM nominated MP Rachel Shebesh, now Nairobi women representative, claimed she had information on the crash that, “could shut down this government” Shebesh dropped her bombshell after then Makadara MP Gideon Mbuvi Sonko now Nairobi senator told the House Saitoti and Ojode were killed because of their efforts to fight drug trafficking.

Sonko went on to give details of how former GSU officer, one Erastus Kitur Chemorei, who was in charge of the storage of the Sh6.4 billion cocaine haul seized by police in a private villa in Malindi, was felled “by 400 bullets” fired by his own colleagues.

He further tabled rulings of a magistrate court in Eldoret that among other things confirmed Chemorei was murdered by fellow cops. With Shebesh now in Jubilee, Cord reportedly will press her to tell what she knows.

It is this political assassination aspect that Cord wants to revive in its current war with Jubilee. Informed sources told your favourite Weekly Citizen that the said dossier on Saitoti death is set to shake the political establishment and the entire country. The plot is to call an international press conference with all Cord leaders in attendance.

This comes in the wake of reports that a scheme to fix Raila, Kalonzo Musyoka, Moses Wetang’ula and other top Cord operatives has been hatched. It will involve exposing the skeletons in their cupboards for all to see and demolish once and for all their holier-than-thou mien.

State agencies are said to be working on a dossier on various Cord leaders that will be released one after the other. The plan could even see some Cord leaders arraigned in court over crimes allegedly committed over 10 years ago.

Sources say Cord is now plotting a decisive counterattack by hammering a theory on Kenyans that certain politicians had a hand in the death of Saitoti after it became apparent that he was determined to spill the beans and name key drug barons in government.

According to Cord, Saitoti’s candidacy through the Party of National Unity was a big threat to a section in then coalition government and fear was he was planning to enter into a pre or post-election agreement with Raila. The arrangement was based on the fact that Saitoti was to support Raila in case of a run-off.

Some leaders were said to be  bitter with Saitoti after he refused to surrender the party’s leadership and his supposed plans to team up with Raila did not go down well with them. It was even said that Saitoti had offered to be Raila’s running mate in 2013 elections.

To re-open the matter afresh, Cord is said to be building a case based on a theory that Saitoti could have been targeted. Dr Dorothy Njeru and Dr Amritpal Kalsi, government forensic pathologists who handled the body told the probe team that Saitoti’s body indicated significant levels of carbon monoxide poisoning.

However, according to a report by a commission of inquiry into the air crash led by Judge Kalpana Rawal, the aircraft was overloaded by 11 kilogrammes, which hampered control. Cord, it is said, will question why the flight was allowed to take off when it was overloaded, then.

Cord also will also reportedly want satisfactory explanation on earlier claims that the National Intelligence Service interfered with forensic findings. This was revealed during the commission’s hearing where a witness, Kalsi alleged that her boss said the NIS instructed that forensic findings be kept secret.

To silence Raila on his call for referendum to amend the constitution, we have information some of his graft-related cases  will be revived.
Plans are underway to reopen some of the cases that Raila had thought he was done with. One such case is that of the Sh3.2 billion Kazi kwa Vijana scandal where billions went into the pockets of individuals, the maize scandal, grabbing of the multi-million molasses plant at Otongolo in Kisumu, alleged grabbing a 50-acre piece of land in Kiang’ombe, Nairobi and 500 acres of land in Mombasa.

The molasses plant ghost will be brought back to haunt Raila. The wedge Jubilee plans to put between Raila and his core support base of Nyanza being that whereas the late Robert Ouko saw it as a vehicle to deliver Luos from gnawing poverty; Raila saw it as an opportunity to make a kingly fortune for his family.

Ouko’s murder cut short  attempts to revive the complex until Raila showed interest after the government advertised its auction in mid 1990s. Raila, representing Spectre International, and who had then started flirting with then President Daniel Moi bid for the plant for Sh570 million and was subsequently declared the highest bidder.

Raila was to learn that he had no claim to 240 acres of land on which the Kisumu Molasses plant stands, according to the auctioneers. Sources now say Raila duped thousands of Luos to buy shares in the molasses and to date; they have never received a single penny as dividend and no one has the courage to face Raila and demand their sweat’s fruits. It is estimated that at least Sh72 million was collected locals in Nyanza.

Plans are now underway to take Raila to court to compel him to pay dividends to those who bought shares or to have them refunded their shares. At the time of the purchase of the plant, Raila appointed the late Joab Omino and Odeny Ngure, former Rarieda MP, to collect money from locals, purportedly to buy them a stake in it. But because the suit must be filed by a member, it is feared that no one will come forward as then they will have to flee Nyanza for their dear life.

Raila could also face another charge on irregular acquisition of land since the molasses land had been compulsorily acquired by the government from local farmers to pave way for the creation of the complex and now residents want their land back but Raila has refused to compensate them. It is for this reason that Raila’s name featured prominently in the Ndung’u Report that documented individuals who irregularly acquired state land.

Another scam whose ghost could easily haunt Raila is the Triton Oil scandal. In 2009, Raila was also mentioned as one of the beneficiaries of the scandal through Spectre International Limited.
The Kazi kwa Vijana scandal case is also set to be revived. It happened when Raila was the prime minister in the coalition government when his office was also accused of misappropriation the project funds.

To silence him further on his call that the Jubilee administration under President Uhuru Kenyatta and William Ruto is tribal, sources say, a team is currently working on a comprehensive list of individuals Raila had appointed to various positions when he was a minister under Moi to the time he was in office as PM. He has been accused of dishing out public jobs to his relatives and children, and a claim that his tribesmen dominated the PM’s office.

Kalonzo whom many believe is a Mr Clean could also find himself on the wrong side of the law as plans are at an advanced stage to revive some of the old cases that Jubilee administration believe were not properly investigated.

One such case is that of 200 acres of National Youth Service land in Yatta where he has his second home. The land was owned by the National Youth Service but now belongs to Kalonzo. Also to be used to tame is over 1,000 acres of land in Masongaleni Settlement Scheme which belonged to squatters but which Kalonzo was allocated in the dark Moi days.

Another case that could be revived to intimidate and embarrass Kalonzo is a claim that he had been found guilty of contempt of court and fraud in a case filed before the High Court in 1990. Justice Frank Shields found Kalonzo was involved in what he described as a serious and appalling fraud in connection with a land transaction involving Matunda estate.

According to sources well-versed with the case, the estate wanted to sell the land at Sh15million and Kalonzo’s law firm, Musyoka and Wambua Advocates represented Access Insurance Company which was the purchaser. However, Kalonzo went ahead to register the transfer in favour of the insurance firm without paying the balance of the purchase price. Kalonzo and his partner escaped jail by offering an apology to the court and surrendering the documents.

Sources now say state agencies also now want to dig deep into any scandal that Kalonzo might have been involved in when he served as  Moi’s Foreign Affairs minister between 1993 and 1998, and between 2003 and 2004, before being moved to the Environment portfolio in 2005 under President Kibaki.

While serving as Moi’s Foreign Affairs minister, Kalonzo allegedly executed a certificate sanctioning the sale of the Embassy of Somalia in Nairobi when the State of Somalia was on the brink of collapse after the fall of Mogadishu in 1991.

Another case to expose Kalonzo is a suit which was filed by three political activists Agostino Neto who is now Ndiwa MP, Patrick Njuguna and Charles Omanga which was challenging Kalonzo, Raila, Musalia Mudavadi’s candidature on the grounds that they were unsuitable.
Kalonzo, according to the petitioners, did not meet the threshold of chapter six of the constitution, which dictates that holders of public office be people of unquestionable character and integrity.

The activists had prayed that the Independent Electoral and Boundaries Commission be barred from accepting Kalonzo’s nominations for him to vie for presidency. Kalonzo, the activists claimed, had used his office to acquire a radio frequency.

The radio in question, Athiani FM, according to court records, had been registered in the name of the applicant, Johnstone Muthama. Kalonzo’s accusers allege that Kalonzo used his office to acquire the frequencies on December 6 2010 for a company called Athiani Holdings Limited owned by his wife Pauline and son Kennedy Kalonzo.

Another targeted Cord leader is Bungoma Senator Moses Wetang’ula. According to the dossier, he is alleged to be behind the disappearance of Sh1.2 billion during the Tokyo Embassy sale and the illegal sale of a Turkana Oil block for Sh840 million when he was Foreign Affairs minister.
Sources say a plot has been hatched to revive further investigations into a damning report into the purchase of land for the Kenyan embassy in Tokyo which led to Wetangula’s suspension as a minister.

According to sources, the government lost more than Sh1.1b on land deals in Tokyo, which proved unsuitable for the embassy for which it was planned. It was alleged that Wetang’ula disregarded advice from his own office that the land in Tokyo was overvalued and purchased the plot above its market value nonetheless.

The report revealed that no valuation of the plot by an independent, reputable, local firm was commissioned, and that the purchased property was unsuitable. It also said Kenya’s ministry of Foreign Affairs under Wetang’ula rejected a suitable plot offered by the government of Japan.
The Jubilee operatives now want fresh investigations on Wetang’ula’s role in the ministry’s land deals in Belgium, Nigeria, Egypt and Pakistan which resulted in poor value for money.

Machakos Senator Johnstone Muthama is also a man under siege. Word going round has it his old cases could be re-opened again for further investigations and possible prosecution. The case in which he allegedly defrauded the government Sh310 million selling his house to the Judiciary and also involvement in 5,000 acres Malili Ranch where he is accused of swindling peasants hundreds of millions are the surefire Jubilee traps on Muthama.

Sources say the Judiciary house transaction has since been declared unprocedural because the sale was concluded before a valid valuation report was adduced. The transaction was also Sh90 million above budget projection.
Those who know him well say he is a political vulture and wheeler-dealer who had profited crookedly in Malili Ranch. The ranch was bought by the government for the establishment of Konza ICT city.

The ranch was sold to the government at Sh200,000 per acre although the 600 shareholders got at most Sh111,000 per acre, meaning out of the Sh1 billion the government paid, about Sh500 million, was gobbled up by fatcats.

The immediate Lands minister James Orengo is yet another Cord and Raila ally who is a marked man and who could be taken to court anytime. Last week, Lands cabinet secretary Charity Ngilu said that Orengo could be jailed over alleged corrupt deals he presided over at Ardhi House.

According to the dossier being prepared by Jubilee, it is alleged that Orengo formed a land grabbing cartel which stole lands in Lavington, Kileleshwa and Muthaiga which belonged to dead Asians when he was the minister of Lands. He is also alleged to have grabbed 500 acres of land in Malindi.

Last week, Ngilu claimed that land grabbing at the coast happened during Orengo’s tenure and that he must be ready to take responsibility. Barely hours later, Orengo alleged Ruto and Labour cabinet secretary Kazungu Kambi’s names are among those who grabbed land in coast. Kambi came out fighting and demanded that Orengo should be jailed over the alleged Lamu land scandal.

Ngilu had earlier hinted that Orengo, former PS Dorothy Angote as well as former commissioner for Lands Zablon Mabea are being investigated. To show how serious the matter was, last week, Director of Public Prosecutions Keriako Tobiko directed the Ethics and Anti-Corruption Commission, and the Criminal Investigations Department to conduct joint investigations into the land allocation scam that revolves around Orengo during his tenure at Ardhi House.
Kisumu senator Anyang’ Nyong’o could also find himself arraigned in court following revelations that he also presided over irregularities during his tenure at the Health ministry.
When Nyong’o was the minister of Health, the National Insurance and Hospital Fund lost Sh4.3 billion. 

Sources say plans are also underway to open fresh investigations into a case in which he is said to have influenced NHIF’s Sh4.2 million health provision tenders to companies that lacked the capacity to offer quality healthcare. Interestingly, some of the outfits were said to exist only in name. One such entity was Clinix which, as investigations revealed, had only 22 outlets countrywide although, curiously, Clinix had been allocated Sh202 million to offer healthcare in 72 clinics across the country.
Nyongo’s handling of the ministry had fuelled speculation that he had looted Sh900 million from NHIF and wired it to Jersey Island.

When tenders were floated to choose the most competent clinics to offer those medical services, a list comprising Meridian and Clinix was compiled. Investigations reveal that the list was prepared by the Quality and Standards Committee chaired by George Midiwo, a brother of Gem MP, Jakoyo Midiwo.

Another scandal under the watch of Nyong’o was that of the licensing of 77 illegal clinics. This was done allegedly in cahoots with the NHIF former CEO  Richard Kerich and which led to his sacking by the chairman of the NHIF board, Richard Muga. In a dramatic twist, Kerich was reinstated by Nyong’o who then sacked Muga.

The drama did not end there. Kerich was later sacked for a second time by then Prime Minister Raila, who also directed that the Efficiency Monitoring Unit probe the alleged corrupt deals.
Former Immigrations minister Otieno Kajwang’ faces allegations that he gave work permits and passports to terrorists.

Sources say when Kajwang’ was the Immigration minister, the Kenyan taxpayers lost Sh4 billion in the Third Generation ID card saga.

A team has been set up to prepare a report on how Kajwang’ issued work permits and citizenship to foreigners without proper documentation. This is not the first report on Kajwang’. Almost a similar report was prepared in 2011 but was never acted on.

Those pushing for the re-opening of Kajwang’s case now say that in 2011, Serious Crimes Unit report showed that many of the 5,752 people who obtained Kenyan citizenship certificates between 2005 and 2010 did so without proper documentation. The vast majority of the new citizens were Indians. Of the 104 cases sampled in the report, Kajwang’ handled 60.

According to the report on Kajwang’, of the 104 cases reviewed, 52 were granted citizenship against or without recommendation of the Citizenship Advisory Committee. In 19 cases, there was no proof of Kenyan parenthood, in 12 any proof of Kenyan marriage while in 10 cases certificates were forged.

Most of the issues with Kajwang highlighted by the CID involved ignoring the Citizenship Advisory Committee. For example, on October 19 2009, the committee refused to endorse a Sri Lankan, Nagarathan Thavangarag’s application for citizenship because the security vetting report indicated that he was involved in illicit activities. However, on November 12 2009 the minister approved his citizenship.
Similarly, the committee deferred the recommendation for Prabhjit Singh, an Indian, pending confirmation of the security report. However, a few days later in November 2009, Kajwang approved it. He also rejected the findings of the security vetting reports for Abdul Bassit, a Pakistani, Devang Mehta Shashikant, an Indian, and Naran Vagjiyani, an Indian.

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