By Athman Amran

Deputy Prime Minister Musalia Mudavadi met Kenya Anti-Corruption investigators for four hours, claimed innocence, and blamed Sh283million cemetery scandal on politics.

In Parliament, Mudavadi defended himself against KACC claim part of the Sh120 million skimmed by lawyers, Local Government officials and Nairobi City Council was collected for him by lawyer Newton Osiemo.

The DPM, who is also the Minister for Local Government, denied knowledge of Osiemo, and argued his name was dragged into the scandal because of political witch-hunt against Orange Democratic Movement. Mudavadi and Agriculture Minister William Ruto, who is also grappling with graft claims, are Prime Minister Raila Odinga’s deputies in ODM.

Raila also gallantly defended Mudavadi in Parliament, arguing the war against graft should not be politicised, adding it was premature to judge the DPM.

Mudavadi argued KACC never gave him the opportunity to defend himself against the adverse claims in line with natural justice. But KACC, instead, leaked the report to the Press before investigations were complete. In ordinary circumstances, the report would have gone to the Attorney General for possible prosecution.

Mudavadi, who described himself as a victim of falsehood, alleged it was a plot by Party of National Unity to weaken ODM, through targeting him in the saga.

Grand corruption

Deputy Prime Minister Musalia Mudavadi has claimed innocence, and blamed Sh283 million cemetery scandal allegations on politics. [PHOTO: TABITHA OTWORI/STANDARD]

"It is unusual for a KACC report to be handed over prior to verification. Is KACC supposed to file a report to the Head of Public Service or complete the report and present it to the Attorney General first?" Mudavadi posed.

He was speaking to the Press after about four hours in a closed-door meeting with KACC officers at his office. He said KACC officials visited him at his invitation to share with them, "credible information" about the fraud.

He said it was suspect KACC report was deliberately leaked to the Press and circulated in the corridors of Parliament and pigeonholes before investigations were complete.

"The report talks of ‘assumptions’. An investigative report does not go with assumptions," Mudavadi said.

He said someone was trying to accuse him and judge him in the public court through deliberate leakage of the report.

"Obviously, the owners of grand corruption and their surrogates are viciously fighting back to the extent they are compromising the integrity of State institutions," Mudavadi said.

Mudavadi spoke as Mr Osiemo distanced himself from allegations he was acting on behalf of the DPM when he allegedly received Sh59 million for the purchase of cemetery land.

"I would like to state that I have no relationship, personal or business, with Mudavadi or (suspended) PS Sammy Kirui. At no time was I ever introduced to anybody as a representative of the above. The insinuations in the purported KACC report are baseless and not supported by any facts or evidence," he said.

He said the fraud was engineered between the Treasury, officers in the Ministry of Local Government, and the Nairobi City Council.

"Treasury allocated and released funds in excess of Sh280 million before the land was identified, valued, and approved for purchase. Funds were illegally paid out to purported owner (s) and lawyers in June 2008 – more than six months before the sale agreement was signed," he added.

He added: "Nobody has produced any evidence whatsoever that I, Musalia Mudavadi, was involved in this fraud, signed any documents, received any documents, or benefited in any way whatsoever."

Transaction

Mudavadi said section 144 of the Local Government Act, Cap 265, stipulates that the Minister for Local Government must approve all land transactions by local authorities.

He, however, said he was never provided with any information or documents related to the transaction as required by law and not even a single memo was copied to him.

"Clearly the engines of this fraud are known at the Ministry of Local Government and City Council of Nairobi. It is not Musalia Mudavadi," he said. The DPM argued the only role he played in the saga was to request for thorough investigations and demand action against those involved.

Mudavadi also said that at no time had he asked Osiemo to represent him in the transaction. Osiemo is alleged to have received Sh59 million on behalf of the DPM.

"I met him a long time ago, but he is not my business associate," the DPM said.

And as for taking political responsibility as the Local Government minister, Mudavadi argued he had carried out his political responsibility.

This, he said, was by having invited the Parliamentary Committee on Local Government and KACC to investigate and causing the Special Audit Report to be done.

"Once the reports were made available, I caused action to be taken against those found culpable," he said. He added no action was taken until the KACC report, which he argued was leaked to the Press for political reasons.

Mudavadi is on record asking Muthaura to act on those culpable, citing interdicted PS Kirui.