Governor Evans Kidero’s aide put to task over text messages and calls

Nairobi Governor Evans Kidero's Personal Assistant John Osogo being questioned at the tribunal probing bribery claims against Justice Philip Tunoi. (PHOTO: WILBERFORCE OKWIRI/ STANDARD)

An aide to Nairobi Governor Evans Kidero was pressed to explain the purpose of text messages he sent to a judge’s accuser prior to a Supreme Court judgement.

Nairobi Governor Evans Kidero’s Personal Assistant John Osogo was yesterday put to task over text messages he sent to Geoffrey Kiplagat, the man claiming Justice Philip Tunoi received Sh200 million from Kidero to rule in his favour in an election petition.

The text, as alleged by Kiplagat, meant that Osogo was following up on when the case would be finally determined but he (Osogo) said the text was on a visit he was to make to see a piece of land on sale. Osogo laboured to explain that his messages had nothing to do with the Sh200 million bribery claim.

Questioning by lead Counsel Paul Nyamodi: Do you know Geoffrey Lelmet Kiplagat?

Osogo: Yes I do.

Nyamodi: How do you know Kiplagat?

Osogo: He was introduced to me by a friend of mine called Michael Njeru.

Nyamodi: Aaam, would you care to share with the tribunal in what circumstances you got to know him through Michael Njeru?

Osogo: Aaa, Lelmet had accompanied Michael Njeru to Nairobi City County offices ostensibly to look for a job and he was brought to Governor Kidero’s office to help him get a job at Nairobi City County.

Nyamodi: Alright, I am going to what you described. Lelmet was a high-profile visitor to Governor Kidero that is why he ended up with you?

Osogo: No, Mike Njeru would have  been the high-profile  visitor.

Tribunal chair Sharad Rao interjects: Can you remember when you received them in office?

Osogo: That was early January sir, early January 2014.

Nyamodi:  Alright, you have said you knew Michael Njeru. Would you explain to the tribunal please how you know him.

Osogo: I have known Michael for the last 25 years. Knew each other in teenage years. I and Mike used to go to the same church at the Holy Family Basilica and later on in life I and Mike used to do the same business.

Nyamodi: Have you at any one time been asked by Governor Kidero, aaa, either on your own or anybody else to seek assistance, aaa, in a matter the Governor had in court?

Osogo: No sir.

Nyamodi: To put it in a different perspective, are you aware that Governor’s election was challenged in an election petition?

Osogo: Yes sir.

Nyamodi: Were you involved in the petition?

Osogo: No, not at all.

Nyamodi: I get back to the question I had asked you earlier. Did Governor Kidero ask you to assist to get any help, aaaa, from as far as this tribunal is concerned in respect to justice Tunoi in the election petition you say you are aware about?

Osogo: No, not at all.

Nyamodi: Were you involved with your friend Mr Mike Njeru?

Osogo: No not at all.

Nyamodi: Evidence has been read in this tribunal Mr Osogo by Mr Kiplagat and the testimony made in this tribunal he made certain allegations about your role in regard to the assistance the governor sought and Justice Tunoi to assist in securing favourable judgement in the supreme court. I want us to go to the affidavit. You have that affidavit?

Osogo: Yes.

Nyamodi: Mr Kiplagat introduces you in paragraph 17 about a meeting  at Kengeles. Were you aware of that meeting?

Osogo: No sir.

Nyamodi: What would you say about the allegations made in paragraph 17 and 19 by Lelmet?

Osogo:  They are out of his imagination.

Nyamodi:  They did not take place?

Osogo:  They did not take place.

Nyamodi: I want us to go to paragraph 21. And Mr Lelmet says the following day, Tuesday June 3, 2014, I visited the judge at the Supreme Court after I got a call from an elder Mr Keitanny asking me to go see the judge at 4pm. It is at paragraph two that is of concern. The judge spoke to John Osogo through my line 0707821296 and he apologised for not making it to the meeting. The judge made good to meet, advising that we use taxi to the venue. Did you speak to the judge?

Osogo: No. I did not.

Nyamodi: Did you receive a call from Mr Lelmet on June 3, 2014.

Osogo:  I may have received a call from Mr Lelmet.

Nyamodi: Perhaps for the sake of the record, I asked you did you receive a call from Mr Lelmet on June 3, 2014?

Osogo:  And I said I may have received a call. I may have received a call from him.

Nyamodi: I ask you the question and perhaps I should have asked this earlier on. What is the telephone number?

Osogo:  Sir, we are on live TV and you really want me to give my number on live TV?

Nyamodi:  For the record.

Osogo:  0722xxxxxx

Nyamodi: Thank you very much. On to paragraph 22, Mr Lelmet says that you were asked by the judge to avoid a certain Masaai professor who was a friend of your boss and the judge asked you because he was personally in charge. Do you recall this conversation?

Osogo: No, I do not recall.

Nyamodi: Do you know this Maasai professor who Mr Lelmet refers to?

Osogo: I do not know any Masaai professor.

Nyamodi:  Are you sure?

Osogo: A hundred per cent sure.

Nyamodi: Over to paragraph 24 of the affidavit where he alleges that on Friday June 26, I am sorry and he is precise at 6:45:45 you sent a message from your telephone number where you said tumemaliza na madam wote wawili. Now this statement by Mr Lelmet has been aaa, sorry, first of all, did you send this message to Mr Lelmet?

Osogo: Yes I did.

Nyamodi: And in what context? What is the meaning of this message?

Osogo: I did say here Mr Lelmet was brought here to seek employment and when he came he brought me an application and a CV and he kept pestering me about the employment. He had not attached his testimonials and he kept pestering me about his application and how far it had gone. I told him I forwarded it to two people who deal with employment at the county and that application lay with them awaiting attachment of his testimonials. Yes, that particular day he kept on calling and calling and texting asking how far I had gone. I was in meeting throughout. Eventually I sent him that message.

Nyamodi: You say it’s a response to a query by Mr Lelmet about the status of his employment.

Osogo: Yes sir.

Nyamodi: Mr Osogo, the meaning that has been ascribed to this statement in the wider scheme is about the assistance you were seeking in the Supreme Court that aaa, you were informing Mr Kiplagat in respect to certain members of the Supreme Court you had finished with them, is that correct?

Osogo: That is false.

Nyamodi: Are you sure about that?

Osogo: A hundred percent sure.

Nyamodi: And that is not the meaning of that SMS?

Osogo: Yes sir.

Nyamodi: Were you in touch with any other member of the Supreme Court in respect to election petition they were handling.

Osogo: No, I did not.

Nyamodi: I want us to go to paragraph 28 where he says Mike Njeru and John Osogo were getting impatient. There was constant communication, then came the hearing in June then another meeting was scheduled. Aa, a few issues arise from it. Were you and Mr Njeru following Mr Lelmet for anything at all?

Osogo: No, the only job we were following was his application at the county and once Mike handed him over to me, I took responsibility to see if he could get employment at the county.

Nyamodi: What was the reason for your impatience?

Osogo: I think what he wanted to say there was that I was getting agitated by him.

Nyamodi: And he suggests there was constant communication. I is it between you and him or him and Njeru?

Osogo: This is his suggestion, I can’t confirm.

Nyamodi: Was there communication between you and him.

Osogo:  Yes there was regarding his employment. He kept pestering me and at this stage I was getting agitated about him.

Nyamodi: At the risk of sounding like a broken record, I will ask again. Was it in regard to the assistance you were seeking.

Osogo: No, it wasn’t.

Nyamodi: Over to paragraph 32 where he says I advised Mr Osogo and Mike Njeru to be patient as the judge had assured he would help. Again here, Mr Kiplagat suggests that he has made the request to Mr Tunoi as you had asked him to do. What do you say about that?

Osogo: That is not true sir.

Nyamodi: Are you aware of any visits that Mr Lelmet made to Mr Tunoi’s chambers?

Osogo: No.

Nyamodi: He says you spoke to judge Tunoi in his phone.

Osogo: No, I have never spoken to the judge through my phone or his phone.

Nyamodi: On Paragraph 34, he says you sent him on June 4, 2014, the following message: Sawa am still waiting for that lady to call me, plus you were to organise we meet mzee. Did you send this message?

Osogo: Yes, I may have sent it.

Nyamodi: Would you care to share with the tribunal in what context.

Osogo: On that day, he kept pestering me about the employment and I told him sawa we can meet. This time, Lelmet had brought a different angle. He was selling me land in Eldoret and he would introduce me to that mzee who was selling land and so I wanted to meet that mzee.

Nyamodi: Lelmet has not metamophasised from a person looking for job to a land seller.

Osogo:  Yes, the man had a lot of financial difficulties.

Nyamodi: And how did you become aware that Lelmet was having financial difficulties?

Osogo:  He would ask me for money for lunch and he had become persistent and a thorn to myself.

Nyamodi:  In paragraph 35, he brings a new perspective of your text message. He says that the lady in question was one Fridah Rop. Do you know her?

Osogo:  No, he introduced me to a certain lady called Fridah Rop through phone, who was a daughter to a certain Joseph Rop and this was the lady to transact the land on behalf of the man and he said he would gain a commission from the sale and he wanted me to procure the land.

Nyamodi: Did you speak to Fridah?

Osogo: Yes, over the phone and she asked me if I was interested in the land and if I could make a trip to Eldoret to see the land.

Nyamodi:  Paragraph 38, Mr Lelmet says on 29th of July 2014, again here is precise at 6:35am, I received the same message from Osogo saying good morning. I understand the ruling is on Thursday please confirm. Mr Osogo, did you send this text message to Mr Lelmet?

Osogo: Yes I did.

Nyamodi: What ruling were you asking Mr Lelmet about?

Osogo: I think I need to contextualise this. He had asked me to travel to Eldoret on Friday to see the parcel of land, alright, and I told him yes I could travel on Friday because the ruling was to be on Thursday.

Rao: The Supreme Court matter?

Osogo: Yes.

Nyamodi: Mr Osogo, its your testimony that you were not involved in the Governor’s case at the Supreme Court.

Osogo:  True.

Nyamodi: Now here you are aaa discussing the ruling with Mr Lelmet.

Osogo:  I was not discussing the ruling with Mr Lelmet. I told him the ruling was on Thursday and thus I could travel on Thursday.

Nyamodi: I understand the ruling is on Thusday, please confirm.

Osogo: Yes. Confirm our travel on Friday.

Nyamodi: That is not what the message says.

Osogo: That is what it meant. I sent the message. I was telling him to confirm travel on Friday.

Nyamodi: In this message or in another message?

Osogo: In this message.

Nyamodi: What was Mr Lelmet’s response to that message?

Osogo: I honestly do not remember.

Nyamodi: Did you travel?

Osogo: No I did not. He did not come back to me.

Nyamodi: On August 17, 2014, at 6:17:24 tumemaliza hiyo maneno na hakuna haja kwenda Eldoret. My question to you is this, do you recall any discussion around the August 17 requesting the governor and the judge to meet in Eldoret.

Osogo: No.

Nyamodi: What is the meaning of this message?

Osogo: It was in context to the land transaction and I was looking for an exit as I wasn’t interested in procuring that land.

Nyamodi: When you say tumemaliza hiyo maneno, what do you say?

Osogo: I was looking for an exit, trying to get him off my back.

Nyamodi:  At the beginning, you were acting on your friend Mike Njeru to get a Job for Kiplagat. Did that endeavor end well? How did it go?

Osogo: No.

Nyamodi: Was it acted on?

Osogo: No.

Nyamodi: Was it a strange coincidence that both the transaction on land and the discussion on land go cold or cease after the decision of the Supreme Court, in respect to the appeal referred to that court by Governor Kidero.

Osogo: No, I wouldn’t look at it that way.

Nyamodi: Was it because his use had ended.

Osogo: No.