Our Laws Not for the Poor, or Not So Rich!
By: DR SHEM J. OCHUODHO

Friends,

Yesterday I turned up in court to answer charges with regard to KPC Matters as explained earlier. Below is a media statement I issued after being released on bail. I guess partly because media had enough stuff to fill their spaces, it was not used. I have taken the liberty to share it with ‘on-line media’.

In the course of attending to this matter, two very interesting things court my attention:-

1. Our Justice System Is Only For The Rich – Filthy Reach: if I wasn’t lucky to raise through friends and relatives the KSh 2 million Cash Bail, I wouldn’t have been released. Allow me to promptly thank those who were able to help one way or the other (including some on this list) – as well as those who even though were not able to help materially, considered it (the thought is what counts!), offered prayers and/or moral support. Up to the morning of court appearance, I was contemplating a further failure to appear in court – in the absence of raising the requisite bail amounts. The alternative would have been to be locked up until funds are found. Then I asked myself: how fair are some of our criminal laws? I appreciate that the material funds being talked about (been changing from 2b to 300m and now 800m) are high, but assuming that one is innocent until proven guilty as should be, why should such a hefty bail term be asked for? Especially for someone who has voluntarily traveled into the country/court even without receiving any official court summons? I would have thought the purpose of bail/bond etc was to ensure attendance, rather than ‘punishment’ . I hope these are some of the things our legal-inclined colleagues will be pushing for correcting in the current katiba reforms.

2. But the thing that astonished me the most is the rot in our system, and how deeply corruption has eaten into our social fabric. When I was being transferred to the cells at the high-court awaiting the processing of the bail orders, I was later informed by a friend that he hard to part with ‘something’ small to ensure that I was not handcuffed in the process! Secondly, while in the underground cells, I gathered that yet another good Samaritan friend had to part with KShs 500 for me to be allowed to read newspapers and get ‘VIP treatment’. Fortunately, from the word go I had cautioned the officers that when I was coming to the cells, I ensured that I didn’t carry any single coin with me. At one point, one of their seniors told me: ‘sasa sema, mambo ya new year’. Taking it that I didn’t know what he meant, my response: ‘ni nzuri’. He didn’t look amused, but we/I ignored it. Soon after another came and said: ‘Mheshimiwa, you know I should bundle you inside into the cell-rooms’. I jokingly said: actually am waiting for my ration of ‘mururu ya uji na maragwe (those who have been at one point or other incarcerated for whatever reason know what I mean)’. Hata huko ndani sina shida; hapa tulizoea siku za kale. Utanipeleka room ‘E’ or ‘F’? Akacheka akaachana na mimi. It is true, during University and Bunge times, these were common ‘homes’ given trumped up charges that were a normal feature.

When I later was to share with one of the 4 lawyer friends who offered to help in this matter, one retorted: the matter gets even worse when it is KACC. He went on to narrate that there was a client of his who 2 arresting officers told: ‘give us 300k if you want us to delay your arrest’. Leading me to the question: who is going to save us from graft if citizens have to be saved from bribing even KACC officials? Is this how lowly we have sunk as a people?

Below was my media release:-

——- begin statement —-

MEDIA STATEMENT BY DR SHEM J. OCHUODHO RE KPC MATTERS – 10TH FEBRUARY, 2010

Firstly, I want to thank God for protection. Ever since my wrongful removal from KPC, my life has been at constant danger, in some instances being trailed by strange characters. Given the hitherto unresolved, mysterious deaths of my two former colleagues at KPC – Josephat Amwayi (Procurement Manager) and Walter Otieno (IT Manager) – my concerns cannot be idle talk.

Secondly, while I wonder why it had to take the State 6 years to prosecute me, I am glad at last there is a unique opportunity for this matter to come out fully to the open so that the Kenyan public can decide for themselves whether or not there was any guilt. I took the State to Court for Judicial Review and Wrongful Dismissal 6 years ago. To date, the matter remains unheard. My family, particularly the children have consequently lived with trauma and stigma, wondering what it is their father did to warrant all this. Hopefully, truth and justice will prevail on this matter, as I look forward to a speedy disposition and conclusion.

It is very interesting that the accusations against me have continued to change over time. Initially at the time of suspension, I was accused of ‘not getting approvals’ for the actions we did. When we produced the approvals, the story changed: that we got initial, but not final approvals. When we produced the last and final approvals before actioning, the story has since changed once more to the charge we are now facing: that our lender did not pay the creditors, even when there is documentary evidence to the contrary. Moreover, initially the claim was reportedly for a KShs 2 billion, then KShs 300 million, and now KShs 800 million! Surely, if I had these kinds of money why would I be roaming around the world to eke a living?

I am on record to have said that I was bundled out of KPC for political and business interests; events over time have vindicated me on this, and expect even more serious malpractices to come out to light in the future.

There are people interested to run down KPC and sell it at throw-away prices like they did with Kenya Railways, and others. The rot in the energy sector – not just petroleum sub-sector – shall only worsen as long as the PS remains in office. How come the appropriate bodies have not taken up offers by the outgoing Chair, James Kenane, to shed more light into what ails the sector?

I have been an easy target for the State to use when they want to mislead the world that they are fighting graft. Perhaps not having a god-father and not coming from the right clan, am the easy ‘fall guy’. It happened at the time of our sacking, and even now: there were serious impropriety cases that it had to divert attention from. Even today, numerous such cases abound, and once more I have to be the punching bag. Fortunately, I have a real God for My Father – so I remain unshaken!

Finally, I want to reiterate that as shall emerge during the hearings, the management and business decisions we made were the most prudent under the circumstances. It has to be remembered that as a consequence, we were able to turn around in record time this previously hugely loss-making corporation into a jewel, raking into massive profits during my tenure.

It is my hope and prayer that during this trial, I too would be enlightened on what wrong we did leading to my dismissal and subsequent trial because even with the charges read, I still don’t know.

DR SHEM J. OCHUODHO

—- end of statement —

Thanks to all for the solidarity, and warm rgrds,
Shem