Former Ethics and governance PS John Githongo has told a trial court in Nairobi that the Anglo-leasing investigations and subsequent reports which resulted in the prosecution of key government officials and international businessmen were based on mere heresy.
Githongo who at one time went into exile shockingly admitted seeing the controversial Anglo-leasing contract in court for the first time.
He said he recalled that the contract had special authorization for payments from the late finance minister David Mwiraria who had been the first accused in the case.
Githongo said he had no recollection having discussed with former PS Dave Mwangi who is also charged with conspiracy to defraud the Kenya government.
“I have never seen the contract…I do not know the terms of the contract… neither do I know the parties involved,” the witness said.
Lawyer Ahmednassir Abdullahi put it to the witness that he had been involved in investigations without seeking the substratum of the case at hand.
Githongo said information relied on in building the Anglo-leasing trial “would be passed to me…anything that would make the government look bad, that is how all these reports came to be investigated.”
He said investigators should be answerable on how we reached this stage (read court prosecution of suspects).
While he admitted that he did not know the parties involved in the contract he maintained that the trial was not built on a fallacy.
Githongo told the trial court he was aware that the Kenya government lost the case against the Anglo-leasing companies in London and Geneva after the adversely mentioned firms were found to be registered and genuine entities.
He said he visited Switzerland at the height of investigations but his trip was merely to” give confidence to the other side that we were serious.”
Taken to task
Githongo was taken to task by Ahmednasir for being the primary investigator yet he had no knowledge of the contract and who even the parties were.
He was also unable to testify on the basic aspects on whether or not goods were delivered.
Ahmednasir told the trial court that the witness ‘lacked the basic knowledge that would be expected of a PS investigating a case.
Githongo admitted reluctantly that he did not conduct any detailed investigations on this particular contract.
He was also taken to task for quoting unnamed sources who fed him with information with an invitation to court to expunge his evidence as heresy.
Despite insisting that the Anglo-leasing companies were dubious he was at a loss when told that UK courts had ruled that they were indeed bona fide companies registered in the Virgin Islands.