Red flag over security of information, records

By Gakuu Mathenge

The red flag has been raised over security and integrity of information and records in public offices during the transition period.

Fears have been expressed sensitive information could be destroyed before the Second Republic takes shape.

Calls have been made for special archives to be created to protect sensitive information.

Freedom of information is guaranteed in the new Constitution and the Official Secrets Act is no longer available to suppress access to public records.

In panic to cover their steps especially around corruption schemes, senior civil servants are said to be in a frenzy to destroy records before the new independent offices, including the revamped Judiciary, settle down to business.

Records destroyed

At the commencement of the First Republic in the months leading to Independence in December 1963, the departing British Civil Service destroyed hundreds of thousands of records.

They also shipped out to UK what they could not destroy immediately.

Former MPs Henry Obwocha and Wanyiri Kihoro have warned the Government to be alert to schemes to destroy vital records to defeat the cause of justice.

The two, who were members of the Parliamentary Select Committee on Anti-Corruption, then led by former minister and now nominated MP Musikari Kombo, say they discovered some officials had colluded with suspects in the infamous Goldenberg scam to destroy supporting documents obtained from the Treasury.

Parliament archives

"To date, there are no records in Parliament archives relating to the 1995 inquiry on the scam by the Public Accounts Committee, then led by former Vice-President Kijana Wamalwa. Our committee had to rely on secondary sources," said Wanyiri.

Mr Obwocha said critical documents obtained by parliamentary inquiries could easily be lost if they are not captured in the Hansard.

"The security of documents not captured in the Hansard is not guaranteed. The integrity and safety of records in the custody of people likely to be questioned in future is not assured," Obwocha said in an interview. He was PAC chairman in 1999.

Concerned about panic manipulation of vital records and abuse of process to defeat reform objectives, Land Sector Non-State Actors lobby (a consortium or lobbies championing land reforms), has written to the Commission on Implementation of the Constitution pointing out that Ardhi House and its leadership, could not be trusted to drive reforms.

Ardhi House holds all files on land allocations. Although the letter to the CIC dated January 20 did not name names, it is believed to have been referring to the top brass at Ardhi House.

The Lands docket has been on the spot of late, with minister James Orengo and PS Dorothy Angote being accused of failing to decisively act on cartels sabotaging reforms.

The current Commissioner of Lands is Zablon Mabea, who was the deputy commissioner under immediate former Commissioner Sammy Mwaita, whose tenure has been subject to several on-going court cases.

Under Mabea are Director of Survey Ephantus Murage, Director of Land Adjudication and Settlement Esther Ogega, Director of Physical Planning Augustine Masinde and Director Administration EW Barasa.

These are some of the most powerful civil servants in Kenya today, being the custodians of records of anyone who ever bought, sold, grabbed or inherited land.

Unresolved scams among them Anglo Leasing, Goldenberg, land grabbing listed in the Ndung’u Report, unresolved murders and disappearances including extra-judicial killings are expected to be revisited afresh once independent institutions are in place.