Monday, February 13, 2006
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POLITICS
How Kanu chiefs shielded Pattni Story by PATRICK NZIOKA Publication Date: 2/13/2006
Goldenberg scandal chief suspect Kamlesh Pattni escaped arrest for many years because he was shielded by influential people in the Kanu regime, the Bosire commission says.
Mr PattniPolice could not seize him because they feared being victimised, it adds in the report it presented to President Kibaki more than a week ago.
Political interference as well as lack of professionalism and independence kept the long arm of the law at bay.
Were this not the case, Mr Pattni and all other suspects would have been seized and prosecuted.
The commission was headed by Court of Appeal judge Samuel Bosire, and the report was adopted by the Cabinet last week. Now the onus is on the Government to implement the recommendations.
The President who has since released it to the public promised that the Government would move decisively and with speed to implement it.
The Bosire panel scrutinised the effects of the scandal and concluded that, apart from its adverse effects on the economy, it interfered with the management of public affairs.
"Apart from its adverse effects on the economy, the Goldenberg affair stands out as one single incident which drastically affected our various institutions of state and the management of our public affairs," the report says.
It notes Mr Pattni's influence in government, saying that he was guarded by General Service Unit officers.
He could also influence the arrest and, sometimes, the dismissal of government employees. It is the VIP treatment he was given, the report notes, that shielded him from arrest and prosecution despite his role in the rip-off.
It adds: "It was not until GSU officers were withdrawn through the influence of (Central Bank governor) Micah Cheserem that some action was taken against him, otherwise police appeared helpless in matters touching on him."
The document accuses the Attorney-General's office of failing to order investigations into the scandal although there were incriminating records in various government offices.
The first case over Goldenberg was filed by the Law Society after a public clamour for the prosecution of all the implicated officials.
The matter had also been the subject of proceedings of the parliamentary Public Accounts Committee.
But the report says this did not spur the AG into ordering investigations. "We received evidence which shows that the records were always available in the various government offices for all to see," it adds.
"But interestingly, we did not receive any evidence to show the attorney-general moved to order police investigations into the affair." The commission wants officers at the AG's office dealing with the cases investigated to determine their exact role and intentions.
The report points at "institutional, structural and procedural weaknesses" in the justice system. It criticises the appointment of Mr Justice Bernard Chunga as chief justice and Mrs Pamela Kidula as director of public prosecutions when, it notes, they were key figures in Goldenberg cases going on at the time.
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