Viewing cable 06NAIROBI4631, AG Wako sends Anglo-Leasing Files Back to KACC; Shell Game

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C O N F I D E N T I A L NAIROBI 004631 
 
SIPDIS 
 
SIPDIS 
 
DEPT FOR INL/C/CP KOHN, AF/EPS HASTINGS 
TREASURY FOR WHYCHE-SHAW 
 
E.O. 12958: DECL: 09/30/2026 
TAGS: KCOR KCRM PREL ECON EFIN KE
SUBJECT: AG Wako sends Anglo-Leasing Files Back to KACC; Shell Game 
Continues 
 
REF: NAIROBI 4321 
 
Classified By: Ambassador Michael E. Ranneberger for reasons 1.4 (B) 
and (D). 
 
¶1. (C) Summary: As predicted in reftel, Kenya Attorney-General Amos 
Wako sent the files of 12 prominent people recommended for 
prosecution back to the Kenya Anti-Corruption (KACC), saying they 
were inadequate to ensure successful prosecutions in court. The 
latest developments indicate that Anglo-Leasing prosecutions may be 
unlikely prior to the December 2007 election. End summary. 
 
AG Wako Sends Files Back to KACC 
-------------------------------- 
 
¶2. (U) On October 2, KACC Director Justice Ringera sent the 
investigation files of 12 officials implicated in the Anglo-Leasing 
scandal, including five Ministers, to Attorney-General Amos Wako with 
recommendations for prosecution. On October 18, Wako sent the files 
back to the KACC, saying what had been presented to him was not 
sufficient to ensure successful prosecutions in court. He identified 
deficiencies that he and the staff of the Department of Public 
Prosecutions (DPP) found in the files, and asked KACC to carry out 
further investigations and re-submit the completed files in 30 days. 
Wako encouraged KACC to consult the DPP Director Tobiko and his staff 
"to ensure the files are complete when they are re-submitted to me 
for final determination." Over the next few days, Wako and Ringera 
publicly exchanged criticisms of the other's claims and defenses of 
their own, leaving the issue unresolved. 
 
Further Postponing any Prosecution 
---------------------------------- 
 
¶3. (U) AG Wako's action continues the postponement of prosecution of 
opposition Orange Democratic Movement (ODM) presidential hopeful 
Musalia Mudavadi and former Cabinet ministers Chris Murungaru 
(Transport and Internal Security), David Mwiraria (Finance) and Chris 
Obure. 
Other officials whose files were returned include former permanent 
secretaries Dave Mwangi (Internal Security), Joseph Magari (Finance) 
 
SIPDIS 
and Cyrus Kyungu (Transport), a former financial secretary and four 
former Government officials. All were implicated in five Anglo 
Leasing-type projects totaling Sh22 billion ($293 million). 
 
¶4. (U) Both Ringera and Wako have come under intense criticism for 
their handling of the Anglo-Leasing investigation and the lack of 
prosecutions. Ringera was embarrassed by former anti-corruption czar 
John Githongo's statements about Ringera's reluctance to prosecute, 
and complaints about KACC's high compensation and poor results. Two 
weeks ago, a group of lawyers defending a lower-ranking official 
noted that Wako had personally signed off on all the Anglo-Leasing 
deals. MP Mutula Kilonzo and other questioned Wako's ability and 
standing to prosecute the cases and called for Wako to resign. 
 
Can the GOK Prosecute Anglo-Leasing Perpetrators? 
--------------------------------------------- ---- 
 
¶5. (C) The FBI legal attache at post believes KACC will not be able 
to overcome the difficulties inherent in any historical corruption 
investigation, such as voluminous documents and reluctant government 
witnesses. He has advised KACC that addressing current corruption 
would be a more effective use of its resources than trying to 
prosecute Anglo-Leasing and other historical cases. He has offered 
assistance on proactive investigative techniques, such as undercover 
operations and informants. The Department of Justice Resident Legal 
Advisor (DOJ/RLA) concurs that historical cases are more labor 
intensive and difficult, but recommends we should continue to 
encourage greater coordination and cooperation between the 
Directorate of Public Prosecutions (DPP) and KACC to ensure that 
Anglo-Leasing and other cases are thoroughly investigated and 
prosecutable files are developed. He notes that Post has already 
committed resources to DPP to build its capacity to prosecute complex 
corruption and fraud cases. Both approaches would require more 
political will from the GOK. 
 
Comment 
------- 
 
¶6. (C) As predicted in reftel, Wako, Ringera, and the Kenyan legal 
system are likely to keep the Anglo-Leasing shell game going until 
the December 2007 elections. This will allow politicians to keep 
flinging allegations and denials without ever facing real 
prosecution. Given President Kibaki's unwillingness to act against 
the perpetrators revealed in John Githongo's dossiers and recordings, 
political accountability in grand corruption cases may have to wait 
until after the December 2007 election. Even if the GOK found the 
political will to prosecute, the time elapsed since the contracts 
 
were signed and the difficulty of obtaining evidence and testimony to 
prove guilt in court will make it very difficult for KACC and DPP to 
obtain and/or sustain any Anglo-Leasing convictions. 
 
Ranneberger