Chicken scam 'mastermind' yet to be grilled

Kenya: The spotlight remains on the anti-corruption commission over questioning of individuals linked to the ‘chicken’ scandal after initial highly publicised interrogations apparently faded out when the turn came for the alleged mastermind to be grilled.

Ethics and Anti-Corruption Commission (EACC) had signaled that Trevy Oyombra, who was the local agent of British firm, Smith & Ouzman, that allegedly corrupted Kenyan officials with kickbacks referred to as chicken in email correspondences, was among those to be questioned, but has been non-committal about his date with detectives.

EACC has yet to indicate when Oyombra, who was named in the UK court proceedings as the agent for the two directors of the British firm who have since been convicted of bribing Kenyan officials with a total of Sh50 million to secure contracts to supply electoral and national examinations materials, will be grilled.

Apart from Oyombra, there has been no word from EACC about former Independent Electoral and Boundaries Commission (IEBC) Chief Executive Officer James Oswago, who is also lined up for questioning for his role in the dealings by IEBC’s predecessor, Interim Independent Electoral Commission (IIEC).

Instead, the commission, which has been enthusiastic in informing journalists on the grilling of those mentioned in the scandal, has become reluctant to discuss the matter.

EACC had indicated that Oyombra and Oswago were first scheduled to appear before the commission on Monday, but officials there said the session had been pushed to yesterday.

Yesterday, journalists who went to the commission’s offices at Integrity Centre were turned away by security guards who told them that there was nothing scheduled, and that they would be informed if anything came up.

When contacted, EACC Chairman Mumo Matemu said he cannot be pushed over his team’s pace of investigations into the saga, saying they need time to conduct their probe.

Matemu said the commission cannot rely on the evidence acquired from UK where the Southwark Crown Court jailed Nicholas Charles Smith and his father Christopher John Smith for making corrupt payments to officials in Kenya and Mauritania.

“I would urge that we don’t agitate for people’s blood... these are investigations which have international components. There is a law on international legal assistance; we cannot issue a legal request for mutual legal assistance. It is dependent on the co-operation which we have established, Matemu said.

OYOMBRA’S LAWYER

However, EACC has since interrogated IEBC Chairman Issack Hassan and Energy Cabinet Secretary Davis Chirchir on their alleged roles in the matter while serving at the defunct IIEC, and former Kenya National Examination Council boss Paul Wasanga. Media crews had been alerted by EACC about their appearances. All have denied the allegations against them.

Oyombra’s issue took a new twist after his lawyer told The Standard that his client was not aware of any fresh summons from EACC over the matter.

Through his lawyer Charles Kanjama, Oyombra said he read of the EACC summons for his client in the media.

“As far as I am concerned, my client did appear before the EACC some time last year and recorded a statement. I am not aware of any fresh summons except what I read in the media daily,” Kanjama added.

The lawyer said that in his understanding, these investigations have been going on for long and his client had already recorded a statement thus cannot be reappearing there to record a new statement unless there are new developments.

EACC spokesman Yassin Amaro announced that the investigators were still analysing statements recorded so far on the issue, “before we invite others to come and record theirs.”

BRIBES TRANSFERRED

Further questioning of Oyombra will give the detectives a course of action on the issue, officials said.

Oswago, who served at the defunct IIEC as CEO, was appointed on January 4, 2010 and the anti-graft body is trying to ascertain any role he played in the ‘chicken’ scam.

Some of the bribes are said to have been given during the Bomachoge and Shinyalu by-elections and the 2010 referendum that took place during Oswago’s tenure.

EACC officials said yesterday they wanted to question Oyombra before comparing his statement notes with those of others who have been questioned.

Other officials said the investigators want to know how Oyombra transferred the alleged bribes he received from the British printing firm from his bank account to the IIEC and KNEC officials. Oyombra was the local agent for Smith & Ouzman.

The commission is seeking to establish whether the IIEC officials had other bank accounts that have not been disclosed to the investigators and whether they used other parties to collect the money.

EACC is investigating the officials over their role in the payments allegedly made between October 1, 2008 and December 31, 2010.

Wasanga is being investigated over allegations that he received money to award a tender to Smith & Ouzman for the printing of examination certificates.

Chirchir worked at the time as a commissioner at IIEC.

EACC detectives had been to the UK and back, where they obtained proceedings of the case.