Inquiry into allegations by the former Permanent Secretary in the Office of the President in charge of Governance and Ethics to the effect that the former Minister for Justice and Constitutional Affairs and the Minister for Finance, among others, had interfered with investigations he was undertaking into alleged procurement irregularities in the two contracts awarded to Messrs. Anglo Leasing and Finance Limited. The contracts were for supply, installation and commissioning of a new passport issuing system by the Department of Immigration, Ministry of Home Affairs and contract for procurement of a C.I.D. Forensic laboratory by the Office of the President. Investigations revealed that
(a) the former Permanent Secretary was not an investigator as defined by law for there to exist an offence of interference with investigations. The investigators involved in the matter have [denied any kind of interference]
(b)[words to the effect that – the tape recorded evidence of the conversation with the former Minister for Justice is largely unintelligible and the audible part of that conversation is in short spurts and the meaning is therefore subject to conjecture.]
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(c)The former PS refused to record a formal statement that would be used for purposes of any prosecution and that would explain many unexplained gaps in the recorded conversation; (d)There is no evidence that would lay a proper basis for the playback and production of the tape recorded evidence in court as required; (e)The lawyer alleged to have given the file of Mr. Joseph Githongo, (the father to the former PS) to the Minister of Justice and Constitutional Affairs has denied ever giving the Minister such a file.
The investigation did not therefore establish commission of any offence. The file was forwarded to the Attorney General on 6th November 2006 with recommendation for closure. The recommendation was accepted by the Attorney on 15th January 2007.

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