from Judy Miriga
Folks,
Anglo Leasing fights back because the ground is conducive and fertile for it to thrive.
Drug racketers are energetic and strong they can evade security drugnets and Iteere refuse to arrest Officers, because power from above will not let him to.
Firm seeks to block report in Triton Case because conspiracy is at play and the feared Monster is the Gatekeeper……..Now, who will bring the change if it is not the Civil Society putting YALE LOCKER AT THE ENTRANCE, and the Civil Society must be given Security protection by the Government to stop those bent to harrass them.
Mars groups points out 251 billion BILLION Billion I say billion of error, reasons why Treasury and the Executive were pushing Parliament to approve the Budget under the old constitutional dispensation.
Conspiracy lahaula……….!
What do I say………this is Mega Billion Scandal……..
Take the Bull By the Horn …..People……..!
Judy Miriga
Diaspora Spokesperson
Executive Director
Confederation Council Foundation for Africa Inc.,
USA
http://socioeconomicforum50.blogspot.com
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Anglo Leasing fights back
By Beatrice Obwocha and Alex Ndegwa
Two firms linked to Anglo Leasing scandal sought protection from Kenyan court as a parliamentary watchdog committee questioned top Government officials over Sh147 million paid to local and overseas lawyers.
The UK, Swiss and Kenyan lawyers were reportedly paid by the Treasury to help recover the millions lost through the Anglo Leasing web of dodgy contracts, but Government officials have not presented proof the lawyers actually received the money. Public Accounts Committee is also investigating the rationale for the payment because nothing came out of the services sourced, adding to shadowy nature of the so-called Anglo Leasing-type contracts, the unmatched mega-million scandal of the Kibaki Administration.
In an interesting twist of events, two companies linked to Anglo Leasing Scandal – whose owners remain unknown and faceless – went to court in Nakuru, seeking to stop the Kenya Anti-Corruption Commission from freezing their assets in Switzerland.
At Parliament Buildings, PAC questioned Head of Civil Service Francis Muthaura and Permanent Secretaries Joseph Kinyua (Treasury), and Mohammed Isahakia (Office of the Prime Minister) over the payment.
Also interrogated were Financial Secretary Mutua Kilaka and Solicitor- General Wanjuki Muchemi. They were asked why there was no documentary evidence to show the foreign law firms had acknowledged receipt of the money, despite persistent demands by Parliament.
Two weeks ago, it was reported the Government was pushing to recover Sh3.8 billion irregularly paid to businessman Deepak Kamani in one of 18 Anglo Leasing-type projects in which the country lost over Sh50 billion.
In the new twist to the saga, a company associated with Anglo Leasing Finance International Limited and a sister company moved to stop Kenya Anti-Corruption Commission (KACC) from investigating their accounts and freezing their assets in Switzerland.
Anglo Leasing and Apex Finance International Limited want the High Court in Nakuru to stop KACC requests to Switzerland’s Justice and Police departments to investigate their accounts and assets.
In the Judicial Review before Justice Anyara Emukule, the two companies claim KACC made five requests to the Federal Office of Justice and Police for assistance in investigations relating to the Anglo Leasing scandal on May 6, 2008.
Through lawyer Olaly Cheche, Anglo Leasing and Apex claim such investigations would violate their constitutional right to privacy.
The applicants claim they would be exposed to abuse and a blanket probe would be done on their bank accounts, their accounts and assets frozen, and document seized if KACC was not stopped.
They further wanted the court to stop KACC or its agents from seeking any further information from Swiss authorities.
The bank accounts being investigated are Schroeder & Co AG Zurich Account No.603589 and other accounts in other banks in Switzerland. “Though the matter is of great public interest, that the respondent investigates and culprits of Anglo Leasing scam prosecuted, it is important no shortcuts are taken and due process of law followed,” the applicants stated, in their suit papers.
Disclosure of evidence
PAC members wondered why the information was not forthcoming on the Sh147 million the Treasury paid to the lawyers hired to help recover money looted from 18 deals cut by Government officers and foreigners.
Acting PAC chairman Konoin MP Julius Kones said the issue raised suspicion given the payments were linked to cases that involved contracts to defraud taxpayers.
The Controller and Auditor General Anthony Gatumbu also expressed reservations with the process used to select the law firms. He questioned whether provisions of Public Procurement and Disposal Act were followed.
According to documents before the committee, UK law firms Freshfields Bruckhaus Deringer LLP was paid Sh134.7 million, and Edwin Coe Sh2.8 million. The other payments were made to Swiss firm, Lalive, and another Kenyan law firm.
The law firms are defending Kenya against civil suits contesting the cancellation of dubious multi-billion shilling security-related contracts. Wanjuki said the cases are pending before the International Court of Arbitration, and courts in London and Geneva. Kilaka claimed the Ministry of Finance had paid the money through Central Bank to an account the AG provided. “I made the staggered payments, it is only that the firms have not acknowledged receipt. We have requested the AG to get in touch with them.”
He explained he hadn’t carried along the documents because “I didn’t expect the issue to be raised before the big five since I had addressed it during a previous meeting.”
Representing AG Amos Wako, who is on official tour abroad, Wanjuki said: “There was no acknowledgement by any of the law firms after receipt of payments. They only communicated with us when there was a delay in payments.”
Muthaura said, “There shouldn’t be a problem getting the necessary documents,” and Wanjuki assured they would be submitted within a week. On reservations about the procurement, Wanjuki explained international legal services are sought for special cases, which require reputable firms specialised in the field.
He said the AG had “made inquiries abroad” and the Bar associations of the countries involved regulated the legal fees. He was asked to furnish the committee with the recommendations the AG relied on. Wanjuki said the Constitution allowed the AG to exercise such powers, but conceded there was a ministerial tender committee.
Kinyua said a committee appointed by the President to review pending bills totalling Sh110 billion had found only Sh1 billion passable as genuine. So far the Treasury had paid out Sh900 million.
In Nakuru, the two companies claimed KACC’s mandate to investigate corruption offences ended with the promulgation of the new Constitution, thus making further queries illegal. They added that the Government has never voiced displeasure with the contracts hence KACC cannot usurp power vested on the Government.
The companies claim the Mutual Legal Assistance sought by KACC was a “fishing expedition”. The investigations relate to 18 contracts entered by the Kenyan Government and Anglo Leasing and Apex between 1997 and 2003. The contracts include provision of an Immigration Security Document Control System and Kenya Police Air Wing Support. The companies claimed investigations were done for four years.
The respondents claim the decision to reopen the investigations four years later was in bad faith and would deny them speedy and fair trial. They further claim they entered into contracts with the Government, some of which have not been terminated.