Kinyua, a workaholic and a career civil servant was then at the apex of the country coffers sitting as Treasury PS for a decade during the period that government procured the Anglo-leasing security contracts.
He told a trial court he was “unaware” that the contract had the valid legal opinion of the Attorney General, the government’s legal advisor, then Amos Wako.
The witness concurred that legal opinion is given by the AG but was unaware if the contract had satisfied all legal requirements in Kenya.
Kinyua who is Head of Public service said a lead up to events forced him to advice for the cancellation of the contract for fear that it may expose the government to potential suits.
Power to cancel
He said he was not aware either if the contracts were formally cancelled.
“The ministry cancelled the contract, I however don’t rememebr receiving a formal cancellation from the AG,” Kinyua said on oath.
But he confirmed the government did not lose a single cent as all monies that had been paid were returned.
Kinyua also told the trial court that the payments to Infotalent had been approved by the Controller and Auditor General (CAG) and was budgeted by Parliament in 2003/4 budget.
The witness again concurred that legal opinion is given by the AG but was unaware if the certain aspects of the contract gave the government power to cancel it.
Kinyua said he was not aware that there are debts Infotalent are pursuing from the government to date in relation to the cancelled contracts.
He said he wrote to the Attorney general to cancel the contract formally but he has never received feedback regarding his letters.
Kinyua ran into procedural technicalities when he was barred from producing copies of correspondences after the court ruled that the prosecution was violating the Witness Act in regard to Primary and Secondary evidence.
“The office of the auditor general has my original letters…” he said.
He confirmed that the Treasury had special authorization from the minister of Finance to execute the contract.
Part of the contract SC Ahmednassir Abdullahi led the witness to read out in court in cross examination stated that if disputes arose it would be arbitrated in Swiss courts and that Kenya was willing to litigate according to Swiss law.