News

By BERNARD NAMUNANE

Investigations into past cases of corruption now hang in the balance after Parliament voted to block Justice Aaron Ringera's team from investigating cases that occurred before May 2003.

Taxpayers lost billions of shillings to corruption during the Kanu administration Yesterday, Opposition MPs and some back-benchers united in pushing through a proviso in the Anti- Corruption and Economic Crimes Act that will bar the Kenya Anti-Corruption Commission from investigating crimes committed before the law came into effect. Asked Ms Karua: “Are we trying to annul all cases involving Goldenberg and some of the Anglo Leasing?" But Emuhaya MP Kenneth Marende said the proviso would ensure that the Act was not applied retroactively.

Investigations into cases of corruption worth billions of shillings now hang in the balance following a decision by Parliament to block inquiries into scandals that occurred before May 2003. Opposition MPs and some back-benchers united in pushing through a proviso to the Anti-Corruption and Economic Crimes Act that will bar the anti-graft commission from investigating crimes committed before the law came into effect. They also rejected a raft of amendments that the Kenya Anti-Corruption Commission (KACC)had wanted passed by Parliament to give it more power through which it could expedite the cases and widen its net in catching corruption suspects.

Deny KACC powers

Justice and Constitutional Affairs minister Martha Karua and attorney-general Amos Wako fought a vain war as it became clear that the majority of MPs had resolved to deny KACC the powers it required. When the Government side lost in the vote by acclamation, it forced through division, which it also lost to a combined force of Opposition MPs and government back-benchers by 11 votes.

The Government raised 27 votes which paled against 38 scored by the Opposition. The Opposition was buoyed by numbers and even voted to extend the sitting to 7pm. It now means that KACC cannot use the provisions in its Act to investigate the Goldenberg scandal, which is estimated to have cost the taxpayer Sh58 billion, and some of the Anglo Leasing type contracts signed before May 2, 2003. The two scandals concerning shady financial deals have placed the former regime of Kanu and the present Government of President Kibaki on the defensive, both locally and internationally.

The commission, headed by Mr Justice (rtd) Aaron Ringera, will from now rely on the provisions of fighting economic crimes in the Penal Code to tackle corruption. Warned Ms Karua: "Are we trying to annul all cases involving Goldenberg and some of the Anglo Leasing which have been investigated by KACC and are now before the courts? "We are letting off the hook all those people who have been suspected to have abused their offices."

It was the House Committee on Administration of Justice and Legal Affairs that brought the proviso through Emuhaya MP Kenneth Marende. It stated that the powers of KACC should be restricted to the time it came into effect. "This is to ensure that the operations of the Act do not apply retroactively because some of those Acts might not have been offences at the time they were committed;' he said. Nominated MP Njoki Ndung'u (Narc) told the House that the committee on Justice chaired by Kabete MP Paul Muite (Safina) held discussions with Mr Justice Ringera and informed him that some of the powers and provisions he was seeking were against the constitution.

"The committee told him that Parliament's hands were tied and the only way was to request the minister for Justice and Constitutional Affairs to amend the Constitution to give him the powers he required to fight corruption," she said. Ms Ndung'u, Mr Moses Cheboi (Kuresoi, Kanu), Zaddock Syong'oh (Gwassi, Narc) and Amina Abdalla (nominated, Kanu) all members of the committee, pushed through the amendment on grounds that KACC would have been given powers unconstitutionally. But Ms Karua pointed a finger at Mr Muite, saying that the Kabete MP had personal interest in the matter, having represented Kieni member Chris Murungaru (Narc) in a case involving Anglo Leasing.

Anglo Leasing

"The committee should declare its interest. It is on record that the chairman of the committee, Hon Paul Muite acted for a litigant in the Anglo Leasing case;' she said. The remark drove MPs, including Dr Murungaru, to stand up on points of order, prompting the intervention of temporary deputy Speaker Daniel Khamasi (Shinyalu, Narc). But ministers Kivutha Kibwana and Amos Kimunya declared that the House had finally brought the war against corruption to its knees.

"This is a very sad day for the anti-corruption crusade and we are putting the last nail to it," said Prof Kibwana. Mr Kimunya said: ''We now know that the opposition does not want to fight corruption:' MPs stripped KACC of powers to summon and hold corruption suspects, investigate graft cases and the proposal to have powers to prosecute those they have built sustainable evidence against.