AMBASSADOR MEETS KENYA'S BESIEGED ANTI-CORRUPTION DIRECTOR

C O N F I D E N T I A L SECTION 01 OF 02 NAIROBI 004321

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SIPDIS

DEPT FOR AF/E, AF/EPS, EB/IFD/OMA
USAID FOR AFR/DP WADE WARREN, AFR/EA JEFF BORNS AND
JULIA ESCALONA
MCC FOR MALIK CHAKA
TREASURY FOR OREN WHYCHE-SHAW
LONDON AND PARIS FOR AFRICA WATCHERS

E.O. 12958: N/A
TAGS: ECON EAID EFIN KCOR PGOV PREL KE
SUBJECT: AMBASSADOR MEETS KENYA'S BESIEGED ANTI-CORRUPTION DIRECTOR


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Classified by Ambassdor Michael E. Ranneberger for reasons 1.4 (B)
and (D).


1. (C) Summary: In a courtesy call by the Ambassador on October 2,
Kenyan Anti-Corruption Commission (KACC) Director Aaron Ringera
vigorously defended the performance of the KACC while also candidly
analyzing the structural challenges that make prosecution of
grand-scale corruption cases virtually impossible in Kenya. Ringera
also revealed that on that very day, he was sending several case
files to the Attorney General for prosecution, including those of
five former ministers, two of whom likely come from the Kibaki
Administration. This revelation comes at a moment when Ringera has
lost a great deal of credibility for his handling of the
Anglo-Leasing set of scandals. It may thus reflect little more than
a political move on his part to shift public pressure away from the
KACC and onto the Attorney General's Office. End summary.

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Context: Ringera Under Siege
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2. (SBU) The October 3 courtesy call by the Ambassador on Kenya
Anti-Corruption Commissioner (KACC) Director Justice Aaron Ringera
came in the context of strong public criticism of the well-endowed
KACC, and of the well-paid Ringera personally, for failing to make
significant progress investigating the Anglo-Leasing series of
procurement scams. Privately, as well, many donors have long
suspected Ringera of at best pursuing a passive strategy in the
Anglo-Leasing investigations out of loyalty and deference to
President Kibaki -- and by extension to the close-knit group of
advisors in Cabinet or in the Office of the President who have been
implicated in the scandals.


3. (SBU) Things got worse for Ringera in mid-September, after
Justice Minister Martha Karua stated publicly that whistleblower and
former Permanent Secretary of Governance and Ethics John Githongo had
refused to cooperate with KACC in the Anglo-Leasing investigations.
Githongo on September 19 launched a public broadside which made front
page news in Kenya. In his public statement, Githongo called Karua
"flatly wrong" in her statement, and then detailed the lengths to
which he had cooperated fully with Ringera and the KACC. He then
quoted and paraphrased from a conversation he had with Ringera in
London in early 2006 in which the latter said Githongo should drop
his pursuit of the Anglo-Leasing culprits because they had already
"suffered enough." Githongo further stated that Ringera told him
quietly that there would be no Anglo-Leasing prosecutions until after
the elections in 2007.


4. (SBU) Ringera struck back the following day with his own
statement which attempted to call Githongo's credibility into
question. But when others who had been present at the London
interviews backed Githongo's account and detailed Ringera's apparent
nonchalance and disinterest during the meetings, the damage was done.
The upshot for now is that the credibility and independence of
Kenya's most important institution for preventing and investigating
corruption are seriously in question just as political polemics and
fund raising pressures are heating up ahead of the 2007 election.

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The Good News, According to Ringera
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5. (C) In the October 2 meeting with Ringera, the Ambassador
reiterated serious U.S. concerns about corruption in Kenya, but noted
that overall, there is a good deal of forward movement in the
country, both politically and economically. This progress, however,
is obscured by the perception of persistent inaction on the part of
the authorities against recent cases of grand-scale corruption. He
underlined the need for the Government of Kenya (GOK) to secure
prosecutions against senior-level officials accused of graft, and
offered continued USG assistance to Kenya in the war on corruption.


6. (C) In response, a relaxed Ringera, joined by two of his three
Deputy Directors, reviewed the history of the Anglo-Leasing scandals
beginning with their public exposure in mid-2004. In so doing, he
staunchly defended the performance of the KACC. Court cases launched
in early 2005 against five GOK officials involved in Anglo-Leasing
"have gone nowhere," acknowledged Ringera. But the KACC has been
investigating 16 of the 18 Anglo-Leasing-style scams "non-stop" since
then and has interviewed 270 people.


7. (C) Revealing breaking news, Ringera said investigations into
five of the 18 have been completed, and that very day, the case files
were being sent to the Attorney General's Office (AG) with

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recommendations to prosecute two former Finance Ministers, one former
National Security Minister, one former Transport Minister, three
principle secretaries, two other former high-level GOK officials, and
the current head of the Meteorological Department. Ringera handed
the Ambassador a freshly minted copy of the press statement released
later that day and which made front page headlines October 3. (Note:
Ringera's statement did not name names, but it is likely that at
least two of the five ministers recommended for prosecution are
former Finance Minister David Mwiraria and former Security Minister
Chris Murungaru, both of whom would be considered "big fish" from the
Kibaki era. End note).


8. (C) Investigations into 11 more corrupt Anglo-Leasing-style
contracts are at an "advanced stage," said Ringera, and these might
be completed by the end of October. A sitting minister will also
likely be recommended for prosecution shortly for having falsified
mileage claims. Lastly in terms of the good news, Ringera claimed
KACC has been very successful in recovering ill-gotten gains.
Without mentioning sums, he said the forthcoming KACC annual report
will show significant success in asset recovery.

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The Bad News: Don't Expect Any Prosecutions
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9. (C) Tempering expectations, Ringera noted that cases of the
Anglo-Leasing variety are complex and difficult, sometimes requiring
up to seven years to fully investigate based on international
experience. Locally, evidence is hard to gather from reticent
witnesses, and internationally, some countries aren't cooperating in
providing needed information.


10. (C) Turning to prosecutions, Ringera candidly told the
Ambassador not to expect any major successes during the latter's
three-year tenure in Kenya. First, he explained, Kenyan prosecutors
are far too few in number, inadequately trained -- especially for
complex corruption cases -- and underpaid. When they do show
promise, they are snatched up by private law firms which pay far
better. Further up the justice chain, Kenya also lacks a sufficient
number of judges and magistrates. Even if the GOK could hire more,
there would be insufficient space in the country's courthouses to
accommodate them. Finally, Ringera acknowledged that the rules and
loopholes in Kenya's judicial system disproportionately favor the
accused, especially in high-profile corruption cases in which corrupt
officials stay one step ahead of prosecution with the help of
well-paid defense counsel.


11. (C) Asked about possible solutions to these issues, Ringera said
amnesty deals were a "very good idea," despite popular distaste for
the concept. Amnesty arrangements are a pragmatic, practical way to
resolve longstanding historical cases in which evidence is hard to
compile and in which witnesses fade from the scene. He also agreed
with the Ambassador when he said Kenya needs anti-money laundering
legislation "yesterday." He appealed to the Ambassador to press the
executive of the GOK for passage of the draft law.

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Comment
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12. (C) Ringera, despite the public battering to his reputation in
recent weeks, was in fine form, combining a vigorous defense of the
KACC with a candid, somewhat downbeat analysis of the structural
inability of the Kenyan legal system to bring major corruption
figures to justice. His public announcement that several big fish
have been investigated and recommended for prosecution shows that
Ringera is feeling the pressure to show results. But one wonders if
the cases are strong enough to justify prosecution. If not, Ringera
may be merely passing the hot potato to Attorney General Amos Wako,
setting up the latter for failure. But Wako we know is equally adept
at defending himself and shifting the blame and responsibility to
someone else when it comes time to fish or cut bait in prosecuting
powerful Kenyans. One is left with the impression of an elaborate
shell game in which case files are moved from one institution to
another, shifted back and forth so that no one is ever really held
accountable for results - and no one ever gets prosecuted. Probably
only President Kibaki has the power to end the shell game, but there
is no sign he's willing or able to do so.
Ranneberger