Born in 1946, there is no debate that Ambassador Francis Muthaura had a wide experience within the diplomatic and civil service. But when he was appointed as Head of the Public Service and Secretary to the Cabinet, he should have been heading for retirement because it appeared as though he had already served the nation and was ripe for pension. Not only has he worked as a District Officer in Mombasa but he has also worked as Assistant Secretary in the Ministry of Foreign Affairs, had a stint at Kenya’s diplomatic Mission in New York and Brussels, worked as Under Secretary and Head of Economic division in the Ministry of Foreign Affairs while he has also been Kenya’s Ambassador to Belgium, Luxemburg and the European Community. At the UN office in New York, he worked as Kenya’s Permanent Representative.
He has also served as the PS in the Ministry of Transport and Communication, Ministry of Environment and Natural Resources, Provincial Administration and National Security in the Office of President. Despite these impeachable credentials, Muthaura still allowed himself to be sucked into the Mafia cartel that suddenly surrounded Kibaki and to be used to defend a corrupt regime simply because it was being headed by a member of his own ethnic group. Once in government, Muthaura teamed up with “likeminded” colleagues like Kiraitu, Murungaru, Michuki, Karume, Joe Wanjui and a host of Kibaki’s sycophants to take over control of the Kenyan government allegedly as Kibaki slept at State House.184 After the NARC 2003 January takeover of State House, the key agenda of Muthaura and company was to ensure that the MoU was dumped and the idea of delivering a new Constitution defeated.
At the height of the crisis on a new Constitution, Muthaura surprised Kenyans when he kept writing letters to the Constitution of Kenya Review asking them to reduce the number of Commissions that had been recommended in the Bomas draft.185 One MP who was very irritated about Muthaura’s antiques was Kenneth Marende of Emuhaya Constituency. When Muthaura became notorious, Marende questioned the capacity with which Muthaura was trying to intervene in the Constitutional review process as other MPs accused Muthaura of interference with the Executive.
Mr. Muthaura’s interventions were contrary to provisions in the Review Act, which only gave the government a facilitatory role in the Constitutional review process. However, it was the explosion of the Anglo-Leasing scandal that exposed Muthaura’s intention to help in the cover-up of grand corruption. When it became known that Anglo Leasing, a phantom company, had been paid Ksh91 million for a Ksh2.1-billion project, it is Muthaura who broke the news through telephone to Githongo on the evening of May 14, 2004, that the money had already been returned.186 It looks like Muthaura had been monitoring developments around Anglo-Leasing very closely, not to help in further exposures and quicken the exit of corrupt Ministers who were tainting the Kibaki administration but to cover up scandal. He was so concerned about informing Githongo that the money had been returned that on May 17, three days after he broke the news about Anglo-Leasing refunds, he availed a receipt to prove that the money had indeed been returned.
Why was Mr. Muthaura so enthusiastic about a huge amount of money that had been returned to a government account by a phantom company that had sent money from a source that could not equally be traced? Shouldn’t he, as Head of Civil Service and Secretary to the Cabinet, have been calling for more investigations? And what did he do instead? He engineered the firing of Mr. Magari and Mr. Silvester Mwaliko, PS in the Ministry of Foreign Affairs and Treasury,187 from their jobs on the same day that he informed Githongo that the Ksh91 million had been refunded. This was an attempt at damage control — fire the small man down for the big bosses who authorized and probably benefited from the dirty deal to survive but this strategy never worked in keeping the Anglo-Leasing scandal underground. After firing the small men, Muthaura’s brain kept on working overtime. The PAC Report on Anglo-Leasing says that on May 25, 2004, Muthaura called Githongo to complain that the Kenya Anti-Corruption Commission “had too much powers.”
On May 24, 2004, the PAC Report proceeds to say that Mr. Gideon Mutua, the then acting Director of the KACC, had called Githongo and informed him that Mr. Muthaura had called his office to complain about the powers of KACC. Apart from the complaints, Muthaura informed Githongo that he had made a discovery — that the Office of President had entered into a contract of US$55 million with Anglo-Leasing to provide a Forensic Laboratory. When Mr. Dave Mwangi, PS at the Internal Security Ministry, met Githongo on May 27, 2004, he told Githongo that he had discussed the issue of Anglo-Leasing with Muthuara and that the two had decided “to deal with the matter administratively” because although the contracts were signed in 2001, no actual work had been done.188 The question that could be posed is: Who was Muthaura to deal with a case of mega corruption scandal “administratively” especially after evidence emerged that Anglo-Leasing did not exist?
While Muthaura told Mr. Githongo that he (Muthaura) had briefed the President about the Forensic Laboratory Project, Githongo said in his Dossier that this had not been done because when Githongo met the President, Kibaki told him that he had received no briefing from the Civil Servant boss and requested that he (Kibaki) be furnished with details of the Forensic Laboratory Project, which Githongo did. If Githongo’s assertions are to be accepted, then what emerges is that Mr. Muthaura was deliberately lying to Githongo on the Anglo-Leasing type scandals especially with his (Muthaura’s) contacts with the President, a signal that Muthaura must have known a lot about the Anglo-Leasing scam and that there was something he was trying to hide.
A member of a wider Mafia cartel
Just like interference in the Constitutional review process, Muthaura used his position to defend his interests be they political or private. In an incident that was widely covered in the Kenyan media, Muthaura’s neighbors at Rimpa in Ongata Rongai once found themselves spending time in a police cell after a land dispute. Dan Kamau, Joseph Mwangi, Leonard Arimi and Gathui Wamanyara were arrested by police and thrown into a cell at Ongata Rongai police station after they demolished a fence Muthaura had erected to demarcate the disputed land. The dispute led to protest by residents of Rimpa who accused Muthaura of encroaching on a piece of road leading to their homes.189 The bone of contention was that Muthaura had erected the fence at a time when talks were still going on and in response, the residence took the law on their own hands and uprooted the poles and a barbed-wire fence Muthaura had set up. After their arrest, Muthaura recorded a statement with police and put the damage at Ksh20.000. This may have been a minor incident but it demonstrated Muthaura’s ruthlessness in dealing with his enemies regardless of their stations in life. Just as he was interfering when Constitutional review talks were continuing, he was also doing the same in his backyard over a land dispute with neighbors.
In the end, it was the Anglo-Leasing scandal that brought Muthaura’s attempts to cover up corruption into the open and awakened the public about the corrupt nature of members of Mount Kenya Mafia who allegedly controlled government policy through the back door. Muthaura went on record as being one of the first members of Kibaki’s inner circle to dispute press reports about the existence of the Anglo-Leasing scandal. Omingo Magara, the then Chairman of the Public Accounts Committee, accused Muthaura of attempting to cover up the fraud and summoned the Civil Servants boss to appear before the Committee to answer questions.
A report carried in the Daily Nation said in part: “Civil Service head Francis Muthaura was yesterday accused of trying to cover up attempted fraud in the Sh7 billion contracts involving the shadowy Anglo Leasing Finance company.”190 When the scandal exploded in a way that it could no longer be covered up, Muthaura gave up his campaign to defend colleagues as he was named by Githongo as having been involved in the scandal.191 Once again, it became possible to demonstrate that as part of the fat cats who surrounded Kibaki, Muthaura was a leading player but he is one of the cartel members who survived as his compatriots were hounded out of office. Muthura continued with his arrogance after the postelection crisis by issuing contradictory and unacceptable statements that irritated millions of Kenyans who came to grips with the reality that the Mount Kenya
Mafia was still determined to control government even after PNU rigged elections thereby plunging Kenya into crisis.
Other members of Mount Kenya Mafia who suddenly surrounded Kibaki after he took power and who had different levels of influence over the President included, Martha Karua (Cabinet Minister), Amos Kimunya (Finance Minister who took over from Mwiraria), Alfred Getonga (President’s Personal Assistant), David Mwiraria (former Finance Minister who resigned as a result of involvement in the Anglo Leasing scandal), Nat Kangethe (Chairman, Kenya Meat Commission, which collapsed under him), Chris Kirubi (a rich friend of Kibaki) and Joe Mwangi (PS Ministry of Internal Security). In the background was Lucy Kibaki
who pulled strings as others danced.
Others in the periphery were Ephraim Maina, owner of Kirinyaga Construction company, which forms part of the “Cow Boy Contractors” named by Raila Odinga192 as having fleeced the government of millions of Kenyan shillings; Peter Munga, Chairman, Equity Bank; Peter Mwangi, Managing Director, ICDCI also suspected to have been involved in the collapse of Uchumi supermarkets;193 Duncan Wachira, former Police Commissioner and Eddy Njoroge, Head of KenGen. It is not possible to name and detail all activities of fat cats who wielded power from the background during Kibaki’s presidency but the names already mentioned formed the core where Kibaki harvested ideas to help him build his kitchen cabinet.
Raila Odinga’s Stolen Presidency
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About the Author
When reading the whole story of this article about who is Francis Muthaura,it reminded me one thing.We are in the planet called Earth or World in another term, then it means Francis Muthaura is just Francis Muthaura who does not know what the World is; He may be being driven by the Earthly forces we call evil spirits.
The evil spirits makes one to boast as is the only one on the Earth, and can blind his eyes and thinking to make him be himself as the highest man in the World but he forget to read History that there were people like him before who thought they have got it all. And when you look behind, you find that they are no longer there. Where have they gone with their powers and Wealth? Somebody somewhere knows where they ended up.
I wrote in my Yahoo profile status of this year that; “God’s blessings endure forever and Satan’s blessings end up in destruction” Which one do you believe in by this year 2011? By doing that then you will know whom you belong to.I meant that this year 2011 will end up with those people who thought they are above God to control things to go their way. This is God’s World, and God laid down laws how you can go about with his people, but if you violate it then God will show you the way.
Kenyans leaders have shade blood of innocence people and say they have done good to them and defend wrong doing and leave the victims continue with their plights.They should repent very quickly without wasting time thinking God is with them. They are already cast to the third and fourth of their generation. Let them gang up with their team’s ideologies and God is sending his team of Angels to show them the way by this year 2011. That is my Prophecy as Peter L.Akhonya, and should be noted down. One can believe it or should not believe it but the time will tell us.
Muthaura and his team plus his masters should not play with Kenyans blood to retain anything. They have nothing to hold on. Every thing under the Sun is God’s property.
Those religious leaders who blesses such evil people will also meet God’s reward.
Kenyans now need a very clean Constitution without any corrupt signs in it. If anybody somewhere in any tribes of Kenyans think he or she is the only decision maker, should stop that short sighted thinking immediately and let Kenyans go a head with their smooth new life. We are all Kenyans on one level no big or small but equal.President Kibaki should fire the six mentioned in ICC case and cooperate with Hague, and wait if they will name him, then he will also answer his question as individual. Why is he and Kalonzo answering the questions of the six and yet he was not mentioned in Ocampo’s list? Why then Government is being involved?
Are the six Kenyan Government? I don’t see a Maasai, Kamba, Luhya, Luo, Trukana,Ogiek,Teso,Coast person, Northern Ptrovince person all who forms Kenya in the list? What is Kibaki trying to show Kenyans with Muthaura’s group team to be Kenya? Kenyans should ask that question. MPs being pocketed to twist the Constitution must know that they are marked and will pay the price.
Thanks to God that Kenya has Raila Oginga Ondinga >The Peopåle of Wagalla and Kenya together with the whole Human race will know why and who massacred innocent Kenyan of degondia tribe in NFD >The So Called Wagalla Massacre!>http://www.youtube.com/watch?v=SeM_2UBcaTU&feature=player_embedded
The truth must be told 27 yers since this henous crime was committed by 7th Kenya Army Battallion is not many years >Hence Nazi war criminals who gassed Jewish men ,Women and children in Poland are still being hunted to this day >Why not Wagalla and Kibish Massacre Perpetrators > Moi the Former Commander in Chief of All Kenyan Armed Forces is still alive and , he must come out instead of hinding and tell the whole truth of why he ordered the massacre of kenyan citizens !http://www.youtube.com/watch?v=SeM_2UBcaTU&feature=player_embedded
How the Ocampo Six plan to use Kibaki’s unconstitutional nominees to perpetuate impunity
By Miguna Miguna, February 13, 2011
It was a blockbuster constitutional violation and an act of impunity like no other. That a president who publicly took an oath to protect and preserve the Constitution is now violently breaching, disregarding and disrespecting that very Constitution is astounding. Equally, it is shocking that a president who is enjoying the trappings of power courtesy of a power sharing agreement is busy violating the National Accord that legalized that deal and his coalition partner at every turn. The violations are reckless, arrogant and repugnant. But we shouldn’t have been surprised; should we? For 50 years, impunity has ravaged Kenya. And those who have perpetuated it were not going to let go; were they?
Truth be told, the president has trashed the Constitution numerous times since August last year. The first violation was the unilateral appointment of the CID director without regard to the power-sharing arrangement and the impending new dispensation. The second violation was the callous invitation of the Sudanese fugitive strong man, Al Bashir, to the promulgation ceremony. That was a terrifying threat.
The third violation was the unconstitutional appointment of Michael Gichangi as the Director General of the newly established National Security Intelligence. From August 27, 2010, the NSIS ceased to exist and with it went Gichangi’s old job. The NSI is a new constitutional office whose holder must be recruited pursuant to section 24 and 29 of the Sixth Schedule, subject to the National Accord and in consultation with the PM. As well, the nomination must be approved by Parliament. The President didn’t follow this well-laid down process. Gichangi’s purported appointment is therefore a nullity.
The fourth breach was the unilateral decision to seek a deferral of the ICC cases at the IGAD, AU and UN Security Council. That decision wasn’t made by the cabinet. Nor was it made with the PM as the Constitution requires. And the fifth one is the purported nominations for the Chief Justice, Attorney General, Director of Public Prosecutions and Controller of Budget.
Yet the question many Kenyans are asking is why; why is a retiring President who is sharing power with a PM acting this way? Is it possible that President Kibaki has forgotten how he became president in 2007? Why is Kibaki insisting on the four nominations? Why? Why has he consolidated the control of the military, the police, the intelligence, finance, energy, transport and now justice under one ethnic group? What is it that the President wants to do or protect with such zeal?
The answers to these questions are both political and constitutional. It would appear that the President and those surrounding him have decided not to hand over power peacefully to a popularly elected president in 2012. You see this in the gusto with which he entertains those who consider the PM their political enemies such as the KKK chauvinists. Kenyans are enthralled with the President’s provocative acts against his coalition partner. The President refused to accompany the PM to Mau when the latter led a high powered conservation event last year. Last month, the President attended a highly charged and politically symbolic rally in Eldoret with William Ruto and Uhuru Kenyatta. Almost weekly, the President makes a point of “meeting” politicians perceived to be opposing the PM. And recently at the IGAD and AU meetings in Addis Ababa, the President’s entourage made and presented a vile DVD that falsely portrayed the PM as the architect of the post election violence and Uhuru Kenyatta as a peaceful leader who tried to prevent the PEV. In fact the DVD was a cunning endorsement of Uhuru’s candidature.
All these activities are coordinated and funded by the President’s office. From these acts, it’s obvious that the President is coordinating anti-Raila activities around the country and beyond. So, how are those activities connected to the four unconstitutional nominations?
Judicial cleansing of the Ocampo Six
The connection is so obvious I’m not sure why the media hasn’t broken the story. Take a look at the nominee for Attorney General. This individual is a known PNU and Presidential strategy and legal advisor. Credible reports indicate that the deferral ploy is one of his babies. More significantly, he is believed to be holding brief for Uhuru Kenyatta and Francis Muthaura; two juicy toads in the Moreno-Ocampo’s list. Some reports suggest that he has been coordinating a team of lawyers who have sought and obtained accreditation at the ICC to act as defense counsel for the Ocampo Six.
The nominee for DPP has been until very recently representing William Ruto at the High Court where the latter faces serious charges of fraud. This nominee has also acted for Goldenberg, Anglo Leasing and other major racketeering culprits. Many of those cases are either ongoing or pending.
According to the Law Society of Kenya, the nominee for CJ was proposed for appointment by one of the Ocampo Six. Needless to say, the Law Society of Kenya has made credible claims impugning that nominee’s integrity. Apart from the fact that he hasn’t been vetted as required by the Constitution; he is also at the bottom of the Court of Appeal in terms of seniority. Moreover, many don’t consider his judgments rigorous.
Add to this the fact that the candidate nominated for Controller of Budget was a member of the PNU strategy team and that he contested and lost as a PNU candidate in Eldoret North constituency in 2007 and you see the picture. But more egregiously, he is currently being probed by Parliament for corruption related to his current occupation. In addition, he comes from the same community and region with the newly appointed Chairperson of the Revenue Allocation Commission.
The idea is to pretend that we are serious about setting up a division of the High Court as a special tribunal to try all the perpetrators of PEV including the Ocampo Six. The Ocampo Six would quickly be charged and arraigned before the fake special tribunal. However, once that is done and these appointments are made, Ruto, Uhuru and Muthaura would quickly challenge the constitutionality of the proceedings. The argument will be that because their former advocates are now effectively in charge of their prosecutions, they would suffer serious and irreparable prejudice; that their former advocates would use privileged information they acquired when they were acting for the accused in order to obtain convictions and that to allow the proceedings to continue would violate their right to a fair trial. And viola; they would win. The proceedings will quickly be struck early enough to enable them to run for 2012 elections.
Meanwhile, the special tribunal will suddenly find teeth and haul before it a big fish in the name of the PM. If in doubt, watch the DVD that was played at the AU meeting in Addis Ababa again.
That way, the Ocampo Six would be judicially cleansed and primed for better things while the PM would have been permanently hobbled.
Do you see how ironclad the strategy was supposed to be? Unfortunately for them, we deconstructed the complicated strategy early enough. And with the state security, intelligence and finance exclusively in their hands, the KKK brigade and their sponsors would romp home without any hindrance. That is, if we allow them.
Now you know why the KKK chauvinists and their sponsors have been laughing at us and goading Kenyans so much. Do you also see why the unconstitutional nominees are seen as a matter of life and death from some elevated quarters?
If we allow these schemes to succeed, we will only have ourselves to blame.
Miguna is the PM’s advisor on Coalition Affairs. The views expressed here are his own.
I like this one from Bwana Ngatia>http://www.youtube.com/watch?v=TEcAVPHZA8E&feature=related
You forgot to mention Muthaura’s daughter, from jukwaa board:
We all remember how Francis Muthaura rushed & forced the transfer of Safaricom’s shareholding from Telkom Kenya, a deal that got sealed just six days before the 2007 voting (elections), with Muthaura’s own 33 year old inexperienced daughter, Suzanne Muthaura, being hand-picked as the multi-million paid legal advisor of the transaction.
Even our impunity-embodied AG Wako wrote a letter to Treasury objecting to the same for that obvious conflict of interest. But then Finance Minister Kimunya & PS Kinyua forced Muthaura’s daughter down the throat of this deal. The PIC noted this is in their report.
Using the new Ngilu & Kosgey anti-corruption model for action, this Muthaura family matter of conflict of interest similarly needs parliamentary action, KACC action, AG action, and court action! What’s good for the gander is good for the goose!
This is the same Muthaura daughter who has BLATANTLY and irregularly received at no-bid, multi-million shillings transaction fees for legal advice on: government construction of a Sh 7.5 billion diesel electricity generation plant in Mombasa(via KPLC) and numerous other infrastructure projects.
Even as we speak today, Suzanne Muthaura (obviously representing her father’s direct interest) is involved in more legal work for the government on privatisation of Consolidated Bank and National Bank of Kenya. Why has PLO not investigated these serious matters – where AG Wako himself (Mr Impunity), expressed discomfort. Why is PLO instead wasting precious time tooth-combing small change “conflict of interests” about Tee shirts printed by Ngilu’s daughter? Why not start with the bigger fish then come to the smaller fish?
Read more: http://jukwaa.proboards.com/index.cgi?action=display&board=general&thread=4788&page=1#ixzz1E3x6IHL2
They are after Ngilu for conflict of interests and nepotism, I agree that she should be prosecuted but so should Muthaura ASAP!
deferral bid>When Kibaki met the Kenyan En voys the Worst was ev erythin g was spoken in Kikuyu language hence from the President Security Chiefs all were from Kenyas Kikuyu Ethnic Tribe!
Updated 3 hr(s) 8 min(s) ago
By Ben Agina
President Kibaki held a closed door meeting with 23 Kenyan envoys to marshal diplomatic strategies aimed at convincing the United Nations to defer cases at the International Criminal Court. No reporters or photojournalists were allowed into the meeting and the only acknowledgement from the Government of the consultations was a terse, two-line paragraph from the Presidential Press Service.
In attendance were:
Head of Public Service Francis Muthaura
Internal Security Minister Prof George Saitoti
President’s Private Secretary Prof Nick Wanjohi
Internal Security PS Francis Kimemia
National Security Intelligence Service Director-General Michael Gichangi
Acting Foreign Affairs PS Patrick Wamoto
Solicitor-General Wanjuki Muchemi.
Envoys who made submissions were:
Kamau Macharia (Permanent Representative to the UN)
Kembi Gitura (Belgium and European Union)
Elkana Odembo (US)
Salma Ahmed (France)
Julius Sunkuli (China)
.Wikileaks Muthaura is ‘shadow president’ – Wikileaks Muthaura is ‘shadow president’ – Wikileaks .
Thursday, 03 March 2011 00:03 BY STAR REPORTER . POWERFUL: Ambassador Francis Muthaura
.
JOHN Githongo could have rejoined the government if Raila Odinga had won the December 2007 presidential election, according to the latest Wikileaks cables.
Other interesting revelations include a description of Francis Muthaura as “shadow president” and a positive assessment of Speaker Kenneth Marende.
A diplomatic cable dated June 4, 2008 expressed the disappointment of US Ambassador Michael Ranneberger that “the new coalition government has given some of the country’s most egregious thieves a new lease on life and strengthened their already strong sense of impunity.”
After giving Washington a rundown on various politicians back in power, the ambassador also questioned Kamlesh Pattni’s deal with Kenya Anti-Corruption Commission to hand over the Grand Regency Hotel in exchange for an amnesty over his failure to repay a 1993 Sh2.5 billion loan.
The ambassador expressed concern that a similar amnesty deal might be extended to Deepak Kamani, an architect of the Anglo-Leasing scams who had been made ineligible for an American visa.
The cable said that any such amnesty deals should be conducted transparently. “Githongo’s brother told Econ/C in mid-May that John Githongo had offered to join a Raila Odinga government had Odinga become president after the elections in late December. His sole condition was to be given free rein to implement such a transparent program of restitution and closure,” said the cable. “Odinga is back in government as Prime Minister but his commitment to such a program is not known. Moreover there are credible indications that Odinga has close ties and receives support from some of the very corruption kingpins that would oppose an open system of restitution”. However the cable said that Githongo was now “moving on” as Director of Policy at World Vision.
Another cable on April 2, 2009 said that Ranneberger had met NSIS boss Michael Gichangi, Foreign minister Moses Wetangula and Civil Service boss Francis Muthaura to “make clear US concern regarding insufficient action to advance implementation of the reform agenda”.
He expressed concern about extrajudicial killings and the Kenyan rejection of the American offer of FBI assistance to investigate the murders of two Oscar Foundation activists.
“Muthaura is considered to be virtually a ‘shadow president’ so much power does he wield”, the cable states. “Muthaura argued that the reform agenda is in fact moving forward and was defensive on the specific issue of corruption” maintaining that having ODM and PNU ministers in each ministry had created “checks and balances”.
“He stressed that President Kibaki is fully committed to ‘fast tracking’ implementation of the reform agenda in concert with PM Raila Odinga,” the cable states.
Ranneberger emphasised to Muthaura that a “right signal” would be to strengthen the legislation for a special local tribunal to try the 2007-08 post-election violence cases and make it more “independent and credible”.
On April 27, 2009, Ranneberger sent a cable analysing the showdown over who should be the Leader of Government Business in Parliament. “Given that both sides have repeatedly demonstrated a propensity to miscalculate, a walkout from Parliament cannot be ruled out,” said the cable. “It is also possible that if the two sides do not pull back, the crisis could slide towards the holding of new elections or a unilateral (but still constitutionally legitimate) government involving only Kibaki, his Party of National Unity, and Vice-President Musyoka”, wrote Ranneberger.
The cable praised Speaker Kenneth Marende for trying to seek a compromise solution in the showdown. “Marende is on the hot seat. Since last year he has shown himself to be a man of principle who has run Parliament in an objective, non-partisan manner. Kibaki, Musyoka and Odinga have set up the crisis as a winner-take-all outcome, so there is little room for compromise”.