Abuse of office: How Wako saved minister

Story by DAVID MUGONYI Publication Date: 4/24/2006

Attorney-general Amos Wako declined a recommendation by the Kenya Anti-Corruption Commission to prosecute a Cabinet minister over abuse of office. Mr Kirwa The anti-corruption body had investigated Agriculture minister Kipruto arap Kirwa in relation to senior appointments in two parastatals and found that the minister had contravened the law. It then forwarded the file to Mr Wako with a recommendation that he takes the minister to court to answer charges of abuse of office. However, Mr Wako returned the file to the commission without taking action. In its investigations, the commission found that Mr Kirwa had contravened the Anti-Corruption and Economic Crimes Act when he appointed a deputy managing director to the National Cereals and Produce Board, yet the parastatal did not have such a position. According to the commission, Mr Kirwa moved Mr Francis Oyatsi to the non-existent position from a similar post at the Kenya Seed Company. Mr Ndwing This, KACC says in its quarterly report, was meant to create a position for Mrs Meuledi Mabruki Iseme at Kenya Seed. However, Mr Kirwa yesterday told the Nation that he was not aware of the KACC investigations. The minister said the Kenya Seed Company board was best-placed to comment on the matter on whether Mrs Iseme's appointment was regular or not. Mr Kirwa said he was "sick and tired of stories" on investigations against him. He added: "I don't think everything I do or someone has to do is investigated." Section 46 of the Anti-Corruption and Economic Crimes Act says: "A person who uses his office to improperly confer a benefit on himself or any one else is guilty of an offence." The file on the Cherangany MP was forwarded to the AG on January 16 with recommendations that he be prosecuted. "The investigation established that the minister for Agriculture acted unlawfully in instructing the PS (permanent secretary) to appoint Mrs Iseme." Drawing his salary "Though Mr Oyatsi moved to NCPB, no office for deputy director existed in their organisational structure; hence he continued drawing his salary from Kenya Seed Co. The company was essentially paying for two deputy directors." The AG returned the file to the commission on March 31 observing that the law regarding the powers of ministers to appoint chief executives and staff of statutory corporations had been misunderstood and the practice continued without a basis in law. Though Mr Wako did not accept the proposal to charge the minister, he admitted in his reply that Mrs Iseme was appointed unprocedurally. He advised that the appointment of Mrs Iseme as deputy MD be revoked unless the board of directors regularises it according to the law. Mr Wako further noted that ministers had continued to appoint chief executives although such powers had no basis in law. The AG directed the Head of the Civil Service to issue a circular to ministers advising them on the correct legal position of appointment of CEOs. The report brings to focus the often discussed lack of powers to prosecute by KACC after conducting investigations. The commission has to rely on the AG to take suspects to court. Mr Kirwa has been in the news lately after KACC asked the Registrar of Motor vehicles to provide information on 14 vehicles that were said to be under his name. KACC asked for the files of the vehicles allegedly owned by the minister. Mr Kirwa said he did not own all the vehicles in the list saying he was a clean man. Sources said KACC was exploring ways of having the minister declare his wealth. It was not clear whether he had already done so or not. Ministers’ wealth declarations are kept by the Clerk of the National Assembly. A refusal by former Internal Security minister Chris Murungaru to declare his wealth to KACC saw the commission take him to court. Dr Murungaru refused to declare his wealth to the commission arguing that it was contrary to the Constitution and this amounted to infringing on his right. In its latest report, the commission has cleared Co-operatives minister Njeru Ndwiga over accusations of conflict of interest in the award of Sh6.5 million insurance contract by the New Kenya Cooperative Creameries. An inquiry by KACC in the award of the contract by New KCC to Secular Insurance Brokers, a company associated with the minister, did not establish the "criminal elements of conflict of interest as set out in the law". According to the commission, Mr Ndwiga did not in any way participate in the procurement deliberations that led to the award of the tender The file was closed by Mr Wako on advice by the commission. When the matter broke out in public, Mr Ndwiga denied allegations that the company was awarded the tender irregularly by New KCC, a parastatal in his ministry. Accusations had been made that the firm did not meet tender specifications and that it had quoted higher than other bidders. Also defending the minister then were directors of New KCC. The matter came up when Mr Ndwiga was facing other accusations that he had not paid stamp duty for a farm he had bought. The KACC report says that the commission has so far forwarded 19 files to the AG, 16 of them asking for prosecution of the individuals involved. The AG has taken 12 of them to court while he declined to prosecute one. Two files are awaiting his action. Source: Daily Nation

Records link minister to cars in Kacc probe

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By Andrew Teyie

Fresh details have emerged over Cabinet minister Kipruto Kirwa’s ownership of cars at the centre of Kenya Anti-Corruption Commission (Kacc) investigations.

According to records at the Registrar of Motor Vehicles, eight out of 14 cars on Kacc’s list were registered in Kirwa’s name. The search revealed that eight vehicles were registered under Kipruto arap Kirwa, Kipruto Rono Kirwa, Rono Kirwa or Hon Arap Kirwa.

They range from petrol-guzzling state-of-the-art vehicles, pick-ups to tractors. The list includes a new VW series Tuareg, a Toyota Land Cruiser VX, the latest Range Rover Vogue and Mercedes Benz 500. Registration numbers of some the vehicles show that they were acquired within four years.

According to a city second-hand motor vehicle dealer, a Range Rover Vogue costs between Sh15 million and Sh17 million.

A Tuareg ranges between Sh5 million to Sh7 million, with a Toyota Land Cruiser VX going for Sh6 million. A Mercedes Benz 500 has a market price of Sh12 million, while the 280 and 300 series go for between Sh4 and Sh6 million.

On Sunday, Kirwa said he was "a clean man" and had not acquired any assets illegally. He also discounted claims that the listed cars were his.

"I do not own all the eight vehicles, which have been listed under my name," said Kirwa.

Sources said the minister owns a VW Tuareg station wagon with a KAU registration, Toyota Land Cruiser and Mercedes Benz with KAQ registration, three New Holland tractors with KAT, KAK and KAR registration. The KAT tractor is reportedly co-owned with CMC Motors.

He also owns a Toyota pickup with KAA registration. Among the listed vehicles is a Toyota Hilux pickup registered under the name of Josephine Warenga Kiiru.

Corruption allegations

Although we could not ascertain whether she is related to the minister, she shares his post office box number in Kitale.

The same box number was used in the registration of the minister’s Toyota pick-up. Kacc demanded for the files of 14 vehicles allegedly owned by the minister on March 22, as it moved to wind up wealth investigations on him.

Other vehicles in the Kacc list were a Range Rover Vogue registered in Titus Mwiricii’s name. It was not immediately possible to ascertain whether it was sold to the minister.

There is also a Ford Tractor, Toyota Station Wagon, Range Rover Station Wagon, Hyundai Accent Saloon, Mercedes Benz Station Wagon, and a Toyota Hilux pick-up.

The Ford UK tractor was registered under the names of Lawi Kigen Kiplagat and CMC, while the Toyata Station Wagon is under the name of A.N. Mbuthia.

The Range Rover KAU was registered under Salim Salim Omar’s name.

In a letter to Simon Kirgotty, the Registrar of Motor Vehicles, Kacc said: "The Commission is carrying out investigations into allegations of corruption where information pertinent to the listed motor vehicles is of essence."

"To facilitate investigations, please provide the commission with the original files for the vehicles. We will hand back the files as soon as possible," states the letter.

A month ago, Kirwa denied an exclusive story by The Standard that Kacc was investigating his bank accounts. He held a Press conference and threatened to sue The Standard. He said he had complied with the Public Officers Ethics Act by declaring his wealth.

But asked whether he owned a palatial home in Karen, a supermarket on Ngong Road and a state-of-the-art Mercedes Benz, Kirwa declined to comment.

"Today’s Press conference was not about what I own. I am not in a court of law," he said.

Source: Standard

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I am not corrupt, says minister

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By Ayub Savula And Daniele Niemann

Agriculture minister Kipruto arap Kirwa yesterday denied he had acquired any assets illegally and said he was a "clean man".

Kirwa said he does not own some of the cars being probed by the Kenya Anti-Corruption Commission (Kacc). He said he had sold some of the cars on the Kacc list.

"I don’t own all the eight vehicles, which have been listed under my name," said Kirwa.

The minister called The Sunday Standard yesterday, following an exclusive story over the Kacc investigation. The story was carried in yesterday’s Saturday Standard.

Investigations however established that the Kenya Revenue Authority (KRA) still retains Kirwa’s name in the files for the cars, which the minister said he had sold.

Detectives suspected to be from Kacc have been conducting surveillance on Kirwa’s Nairobi residence. The move follows a letter Kacc wrote to the Registrar of Motor Vehicles on March 22, requesting for the files of 15 vehicles.

An independent search by the Saturday Standard at the Registrar’s office confirmed that at least eight of the listed vehicles belong to Kirwa.

Whereas some of them are registered in the name of "Hon Kipruto arap Kirwa" others are under "Kipruto Rono Kirwa". But the address for both names is the same.

The Sunday Standard has established that a Cabinet minister is pushing to have Kirwa probed over allegations of corruption. The minister, we learnt, is determined to fight Kirwa because of self-interest in a tender in the Ministry of Agriculture.

Yesterday, Kirwa said he was innocent and can account for what he owns.

The minister has a loan facility and is allowed to import cars duty free as a Member of Parliament.

He said he has never acquired property illegally and can account how he acquired his assets.

Yesterday, The Sunday Standard visited Kirwa’s home, a day after the surveillance was done by detectives, and confirmed that the detectives had taken all the registration numbers of the minister’s cars.

H.W. Hussein on behalf of the Director, Mr Aaron Ringera, signed the letter from Kacc to KRA.

The letter read, in part: "This commission is carrying out investigation into allegations of corruption where information pertinent to the listed motor vehicles is of essence."

It continued: "To facilitate the investigations, please provide the commission with the original files for the following cars".

Kirwa said that he is a clean man and the truth will carry the day.

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KACC graft probe at MP’s home

By Ayub Savula

Detectives suspected to be from the Kenya Anti-Corruption Commission (Kacc) have been conducting a secret surveillance on the Nairobi residence of Agriculture Minister Kipruto arap Kirwa.

The secret surveillance follows a letter Kacc wrote to the Kenya Revenue Authority (KRA’s) Registrar of Motor Vehicles last Wednesday March 22, 2006 requesting for the files of 15 vehicles.

An independent search by The Saturday Standard at the Registrar’s offices confirm that at least eight of the listed vehicles belong to Kirwa.

Whereas some of them are registered in the name of "Hon. Kipruto arap Kirwa", others are in the name of "Hon. Kipruto Rono Kirwa".

However, the address for both names is the same.

In what is thought to be heightening graft investigations against the minister, the surveillance is said to be specifically aimed at identifying cars listed in his name and how he acquired them.

Kirwa, who represents Cherengany constituency in Parliament, is allowed to import cars duty free as are all other MPs.

The MP also has access to loan facilities in Parliament, which he can use to buy cars.

A worker at the MP’s Karen home confirmed that various people, some in pairs and others singly, have been monitoring the goings on at the home.

"They have been taking pictures of the home and vehicles moving in and out of the home," the worker told The Saturday Standard yesterday.

The KRA letter, a copy of which we have, was signed by H. W. Hussein on behalf of Kacc Director Aaron Ringera.

The files Kacc was requesting for include those of top of the range vehicles such as a VW Touareg, a Range Rover Vogue, two Toyota Land Cruisers, and a Mercedes Benz.

Also listed are cars of unknown makes and four tractors.

The investigators’ move was to confirm which of the cars in KRA records are actually in Kirwa’s Karen residence.

Recently, when Kirwa was contacted over the investigations — which sources say have been going on for some time now — he promised to call back the Standard and explain the matter. By the time of going to press he had not honoured his promise.

In the letter to KRA, Kacc said: "This Commission is carrying out investigations into allegations of corruption where information pertinent to the listed motor vehicles is of essence.

"To facilitate the investigations, please provide the Commission with the original files for the following motor vehicles."

KRA received the letter on March 24, 2006 and the order to retrieve the requested files for onward transmission to Kacc was issued on Monday this week.

It is unclear whether Kacc already has the requested files but since the Kacc letter, people suspected to be detectives from Kacc have been conducting surveillance watches on Kirwa’s Karen home.

Efforts to get a comment from Kacc were fruitless.

The vehicles listed in the letter are said to belong to Kirwa as well as other people.

The listed vehicles are:

1. KAA 612G, Toyota Land Cruiser

2. KAC 700W, Mitsubishi Pajero

3. KAQ 700W, Toyota Land Cruiser

4. KAU 147D, VW Touareg

5. KAU 700L, Range Rover, Vogue

6. KAR 073M, Tractor, New Holland

7. KAH 018R, Tractor, New Holland

8. KAT 037H, Tractor, New Holland

9. KAK 376R, Tractor, New Holland

10. KAN 580K, Mercedes Benz

11. KAS 575K, Toyota Hilux

12. KAN 763W, Unknown make

13. KAQ 330M, Unknown make

14. KAE 868M, Unknown make

15. KAG 118P, Unknown make.

Kacc promised to hand back the files "as soon as possible" after the investigations.

"I will appreciate your expedient response," said Hussein who signed the letter on behalf of Ringera.

Kirwa is on record having defended his wealth and even vowed that he could "account for everything he owns including his pencil."

Source: The Standard.