Excerpts from the Githongo Dossier to Kibaki

“On March 27 and 28 2004, during a conference on money laundering conference in Mombasa, Finance minister David Mwiraria pulled me aside during the break and said Hon (Chris) Murungaru had called him. Apparently Murungaru had asked him whether he had authorised an investigation into the bank accounts of an individual named Anura Perera at Equatorial Bank.”

“Mwiraria informed me that Perera “was a strong supporter of the President and had backed him for over 10 years and had even paid the President’s
medical bills following his road accident in 2002”.

“Head of Banking Fraud Department of the Central Bank, Nicholas Kamwende, confirmed that indeed he was conducting such an investigation because his department suspected Equatorial Bank was involved in the setting up of fictitious accounts that were ‘being used for capital flight’.

May 2, 2004
“At the end of April 2004, I travelled to the UK with Hon. Kiraitu Murungi to the offices of Kroll Associates. While at Kroll we asked to do a search for the company called Anglo Leasing and Finance Company and found that no such entity existed in the UK or had ever existed there.
Upon returning to Kenya, I found the investigations were proceeding expeditiously despite hiccups, and Your Excellency, I updated you on the progress including the fact that senior officials in the government were possibly implicated in the
unfolding saga.

Those mentioned by the investigators at this stage included Hon. Moody Awori, Hon. David Mwiraria, Hon.Chris Murungaru, PS Home Affairs Mr Sylvester Mwaliko, PS Internal Security Mr David Mwangi, Mr Alfred Getonga, Mr Deepak Kamani and Mr Jimmy Wanjigi.

On May 4, 2004, I was invited by Kiraitu Murungi to a meeting over lunch at Vice President Moody Awori’s House in Lavington. Minister Chris Murungaru was also present during the meeting. All three ministers queried the need for a probe.
“The KACC investigations revealed that everything pointed to gigantic attempted fraud.” In fact, they revealed that an additional Sh300 million (3,750,000 Euros) was being processed for payment to Anglo Leasing.
However, on the same day, Murungaru announced the cancellation of the project.
On May 13, KACC and the Controller and Auditor General released
conclusive reports implicating Magari, Mwaliko and Sitonik.
Head of Civil Service Francis Muthaura later asked him to find out who Anglo Leasing were through a French firm, FCOF, that had placed advertisements in the Press defending the integrity of the firm. The adverts had been placed by a prominent Nairobi lawyer, Mr Fred Ojiambo.

On May 14, 2004, Githongo handed over to Kibaki the final report on the Anglo Leasing matter and advised that a similar project was underway at the Police Dept connected with the construction of a forensic lab for the CID.
(Central Bank sent over transmission sheet that showed that AL, from their back account as Schroder & Co Bank AG in Zurich had ‘refunded’ 956,700 euros on 14-05-04. The transaction was certified on 17-05-04 by the central bank)

May 17, 2004
“In the afternoon of the same day Hon. Kiraitu Murungi stepped
into my office unannounced. He expressed concern about the way the AL investigation was going. He told me ‘people’ were concerned whether I appreciated the political costs of my work.
He told me that it was hoped once the AL paid back the money the investigation would stop.
Hon. Mwiraria dropped in on me in the same afternoon. He warned that Mr Jimmy Wanjigi had sworn to kill me; and just as Kiraitu had suggested earlier, he expressed the hope that the Immigration investigation would stop since the money had now been paid back. He expressed concern that he’d heard I was ‘investigating’ him, Hon. Murungaru and even Brig. Boinett.

May 24, 2004
“After my meeting with the Public Accounts Committee (PAC), I visited a senior politician who had been seeking for us to have a chat. I was aware that he was in close contact with both Hon. Murungi and Hon. Murungaru and had
calculated that being a friend of my father he may communicate to me messages that perhaps the two leaders may have wanted to emphasise to me.
His advice to me was to be particularly careful because there was no way senior ministers were not involved in the Anglo Leasing matter.
He emphasised repeatedly that my security was now an issue and he hoped I could take more of a back seat in the Anglo Leasing investigation.He also warned me quite logically that if the stability of the regime was threatened by my work then the President would stop backing me.
He sincerely commiserated with me regarding my dilemma – that of finding that the President’s close associates were deeply involved in the corruption that has been uncovered within our administration.
He told me that Alfie Getonga was going around complaining openly about my work; Hon Kiraitu was accusing me of working for
foreigners and Murungaru was threatening my life directly.
Your Excellency, on that night I briefed you on how the PAC session has gone and the fact that Hon Kiraitu indicated to me that in every likelihood, Hon Murungaru and Alfred Gitonga were behind the Anglo Leasing matter.

May 27 2004 – Forensic Lab Contract
“The next day I spoke to Dave Mwangi who told me that he and Amb Muthaura had discussed the Forensic Lab Contract and decided to deal with the matter “administratively” because even though the contract had been signed in 2001, no work had actually been done todate.
By this time we had already discovered that despite no work being done, roughly $5 million had nevertheless had been paid to them. (Briefed Kibaki)
“On Monday 1st June, a close friend informed me that he had met Joseph Magari who had been keen to explain his role in the Anglo Leasing matter.
Magari had supposedly claimed that in effect “AngloLeasing was Muthaura, Mwiraria and Awori”.
Magari claimed that it was Awori who took advantage of American terrorism related fears to expand what was a small project into a cash cow.

On the night of June 2 ,2004 I met with both Hon Mwiraria and Hon Kiraitu at Hon Mwiraria’s office. At this meeting, Hon Kiraitu admitted that he had been surprised to realise just “how high up” the Anglo-Leasing matter reached in the government. He admitted that he had not realised how high up and intricately involved members of our administration were in Anglo-Leasing.
He told me that Alfred Gitonga had not stopped budgering him about my department’s pursuits of the Anglo-Leasing matter even after the monies had been repaid and that he realised Anglo-Leasing was in effect “us”.
Hon Kiraitu admitted that his greatest fear was that Raila
Odinga knew exactly who was behind Anglo-Leasing and would use it to paint the Kibaki government as corrupt – something we would never recover from. Kiraitu claims that he had also raised the corruption allegations with Hon. Murungaru who had never responded conclusively.

“On the 3rd June 2004, I wrote to Ambassador Muthaura confirming that the British High Commissioner had in turn confirmed in a letter dated 03-06-04 that the purportedly British company Anglo-Leasing and Forensic Laboratories Limited did not exist. I rushed the letter off by hand.
That evening, Muthaura called me to tell me that the contents of my letter both “shocked” and “frightened” him.
The next day, I wrote to the governor of the Central Bank asking him to stop all further payments to the entity known us Anglo-Leasing Finance Company Limited until pending investigations were completed.

June
11, 2004
(Fred Ojiambo-senior partner of Kaplan and Stratton- refused to honor summons to share the identity of the owners of Anglo-Leasing who were instructing him to put adverts in Kenyan press and was arrested.)

“Indeed on the 11th of June 2004, Hon Kiraitu Murungi called me sounding agitated and told me that Hon Chris Murungaru had called him while on an overseas trip in the UK to ask him what was happening in regard to the Ojiambo matter.
Just as I put down the phone, Hon David Mwiraria stepped into my office and announced that Anglo-Leasing had paid back all the money they had paid on the Forensic Lab Contract since 2001.
Hon Mwiraria claimed to have spoke to your Excellency the President and claimed that you felt we needed to “go easy” on the matter since the money had been paid back and if it came to public light that there was another corrupt deal of this
magnitude in our administration, this would cause problems.
Hon Kiraitu walked into my office and said the same thing. Hon Kiraitu emphasised that if we went after Anglo-Leasing our government would fall and he added that Hon Nyachae had called him that morning to express the same broad sentiments, especially following the arrest of Ojiambo.
Both ministers pushed me hard to back off or the government would be undone by the fight against corruption since it was now clear as we noted “that many of our people were involved”.
Over these days Hon, Mwiraria, PS Dave Mwangi, Hon Murungaru, Hon Nyachae and Hon Murungi all directly or indirectly opposed arrest of Ojiambo ostensibly on the ground that he might implicate senior people in the government and cause it to fall.
Your Excellency, that the arrest of a mere lawyer even one of Ojiambo’s stature would bring down the Kenya
Government sounded utterly ludicrous to me. The disdain with which Ojiambo treated the KACC including his refusal even to acknowledge it indicated to me that he enjoyed protection from senior officials in the State.

June 12, 2004
Your Excellency, on the morning of Saturday June 2004, we discussed the entire Anglo-Leasing investigation. I advised you Sir that we could charge the suspects in the case and that the only suspect missing was Anglo-Leasing Finance Company which had returned the “evidence” of 91 million KES.
Your Excellency, you asked me who I believed was behind Anglo-Leasing and Finance and I told you that in my convinced opinion, the Hon Vice President, Hon Murungaru, Alfred Gitonga, Hon Mwiraria, former PS Magara, Finance Secretary Oyula, former PS Mwaliko and perhaps Hon Kiraitu knew who Anglo-Leasing were.
(Also informed Kibaki of “rather odd contracts
in the security sector”)

June 13, 2004
“Sunday Standard headlined with the story that the government had even put Anglo Leasing into their budget. Hon. Mwiraria strenuously denied this when I had called to ask him. I later established this was indeed the case when I obtained a copy of the budget estimates book myself.
I called Hon. Kiraitu and told him that the Minister of Finance had allocated KES 222,530,000 to be paid to a fictitious company in the coming financial year.
“Hon. Mwiraria also informed me that the forensic laboratories “payback” of around 400 million KES had been made only after he had asked Oyula to pick up the phone and call Deepak Kamani. It was after this call that the money was then returned.
To me this was a startling admission. Hon. Kiraitu telephoned me and asked me to help ‘rescue’ Mwiraria but, in truth, if Mwiraria knew Kamani was
behind everything and people in his office were calling him (Kamani) comfortably then clearly he knew more than had ever been made known to the Controller and Auditor General of the KACC

June 18, 2004
“Your Excellency, we met and discussed these issues at length. We by now had a clear idea of who was behind the Anglo Leasing deals from all the circumstantial evidence the investigators had obtained and Hon. Kiraitu’s admissions. We acknowledged, your Excellency, who the key players in the scam were. At the same time Sir, you advised me not to hand over the Magari and Mwaliko files to the AG for prosecution just yet and to delay handing over the Infotalent file to KACC.

June 21, 2004
On Tuesday, 21st June 2004, I was provided with information to the effect that Muthaura and Mwiraria were key to all the scams we were investigating as my digging around had now gone
too far and they were determined to take action against me.
I was provided with a brief that suggested, on June 16th 2004, between 1830 to 2030 JM Oyula, Alfie Gitonga, Lee Nyachae and other Treasury officials had met to discuss “problematic government projects” at a Nairobi hotel.
The most worrying project was the ongoing construction of a Navy ship by a Spanish company called Astilleros Godan on the behalf of Euromarine, which belonged to Anura Perera.
The report also claimed that during the same meeting Oyula had a telephone conversation with Perera. The report said there was going to be a reshuffle and that “Mr. Githongo, PS Governance and Ethics will be transferred from the Office of the President. The President will be impressed on “not to touch” Murungaru, Mwiraria, and Kiraitu because they are the only political pillars he has.”

On the 29th June 2004, I met
with Hon Kiraitu at his office. Essentially he said that it was now clear that Anglo-Leasing was “us” – our people. He said that no matter what, he did not have what it took to order or countenance the arrest of Chris Murungaru for corruption because “they had too much history”.
He was blunt and emotional. He admitted that people like Murungaru were key to the transanctions of Anglo-Leasing and that even though he personally did not have details, the excuse given to him was that the money was needed for political fundraising.

On 1st September 2004, Hon Kiraitu called on me and shared with me his concerns that at the rate we were going “we would have another Goldenberg type scandal before the elections” in 2007 because of the need to fundraise for the elections. He said that once one’s pig got stuck in the mud, one had to jump in and get dirty to extract the pig from the mud
and someone would get stuck in the mud themselves. He said that infact, there would be another Goldenberg style commission and all of us would be “suspects” or “witnesses” at it.
It was a very surprising admission from Kiraitu about corruption and “us”. The next day Hon Kiraitu Murungi and I had a long meeting about political party financing. I expressed to him my disquiet at the contradiction caused by the fact that we were fighting corruption on one side and this fight was in direct contradiction in the supposedly “resource mobilisation” efforts of people like Hon Murungaru and others.
In our discussion of political party funding with Hon Kiraitu Murungi, he admitted Anglo-Leasing and other such deals were essentially part of “resource mobilisation” carried out essentially by Hon Murungaru and Alfred Gitonga. He repeated his fear that he expected another Goldenberg type scandal
to be generated from our struggle to hold together the coalition.
Both implicitly and explicitly, he had indicated his Excellency the President knew all about these shenanigans.

On Sunday 24 October 2004, I met with Simeon Nyachae, the minister of energy, who had recently returned to the country from Europe where he had undergone a hip operation. We discussed the fact that high level corruption was everywhere and acknowledged that people like Hon Murungaru were involved in Anglo-Leasing.
He explained that Hon Murungaru was involved in raising 5 billion KES for the next elections through these schemes. Naturally, I was deeply frustrated by the limited action despite the evidence available.

Nov 8 2004
Justice Ringera’s analysis of my situation was grim and he admitted that once graft reaches the President he won’t touch it. He observed that I was now a prisoner
of my job cause I knew too much. I was surprised when he told me that if I tried to leave “they” could even try to kill me.

January 17, 2005
I met with Hon Kiraitu Murungi from 1630. He reiterated that party elections were on the way and Professor Nick Wanjohi had estimated that they would cost 200 million KES and that this money would come from the contracts that Kinyua and I had stopped – especially Anura Perera’s matter – clearly the ships.
Hon Kiraitu demonstrated no concern that I would report this matter back to His Excellency the President.

January 20 2005
Once again, they (Kiraitu and Murungaru) were clear that the security related projects that were the subject of so much controversy were for political financing purposes all along. Hon Kiraitu and Hon Murungaru demonstrated no concern that I would report this matter back to His Excellency the
President. The evidence had been building up but with this final approach, they let their guard down. By coming to me knowing full well I had direct access to the President meant they were not at all worried that I “would report them to the President”.
Hon Murungaru pointed out that His Excellency the President had once been Minister of Finance and understood how these things were done.”