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Kenya: Probe Calls for Kimunya's Exit
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The Nation (Nairobi)
3 July 2008
Posted to the web 3 July 2008
Dave Opiyo
Nairobi
The sub-committee set up to probe the sale of the Grand Regency hotel has recommended that Finance Minister Amos Kimunya step aside to facilitate proper investigations into the controversy.
It also wants the Director General of the National Intelligence Services Major Gen Michael Gichangi, Central Bank of Kenya Governor Prof Njuguna Ndung'u and the secretary to the Board of Directors at the CBK to follow suit.
Prof Ndung'u told the committee that it was Major Gen Gichangi who first introduced to CBK the possibility of the Grand Regency sale and that Mr Bernard Kalove, an advocate, together with Wetang'ula, Adan, Makokha and Company Advocates representing Mr Kamlesh Pattni, would contact the bank to discuss the matter.
Null and void
The committee headed by Attorney General Amos Wako also recommends that the transfer of the title deed from the CBK to the Libya Arab African Investment Company be declared null and void. The report describes CBK's sale of the Grand Regency as "false, fraudulent and designed to deceive," and says the sale should be cancelled immediately.
It says the value of the transaction was grossly understated as it did not reflect the actual price in the sale agreement.
The report handed to Prime Minister Raila Odinga on Wednesday evening further stated that an alteration by hand at registration was a clear contravention of the established procedure by law. It also says that the CBK and the secretary to the board of directors had no authority to execute the transfer of the hotel and affix the seal of the bank.
The registrar of titles and the commissioner of lands purported to register the transfer following threats and intimidation by senior government officers, it adds.
The transfer had not been signed by Libyan African Investment Company Limited, which has majority shareholding of the Libyan Arab African Investment Company Kenya Limited, and that the appropriate stamp duty was not paid, it notes.
The report indicated that the advice by the Public Procurement Oversight Board that the CBK could dispose of the controversy-ridden hotel outside the Public Procurement and Disposal Act was based on false representations made by the bank.
It recommends that the registrar of titles recall and cancel the transfer and that the CBK cancel the sale agreement. The bank was also directed to fully comply with the provisions of the court order in which Mr Pattni surrendered the property two months ago.
The nine-page report gives details of how the five-member committee scrutinised various documents. Prof Ndung'u and the CBK board secretary Kennedy Kaunda Abuga were also summoned to give evidence.
They were found to have no authority to sell the hotel without following the procurement law. "The sale and subsequent transfer of the hotel by private treaty is in contravention of both the Privatisation Act, the Public Procurement and Disposal Act and the Government Lands Act," it reads in part.
Mr Odinga said the report would be tabled before the Cabinet sub-committee on finance, administration and planning this morning for approval before it is presented to the full Cabinet meeting at State House at 10am on Thursday. President Kibaki is expected to chair the meeting.
"We promised to leave no stone unturned. That is what we have set out to achieve," he said at a news conference at his Treasury Building offices.
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The members of the committee were the AG, KACC director Justice Aaron Ringera, ministers Mutula Kilonzo and James Orengo and Mr Caroli Omondi of the PM's office.
The voice of women has not been heard here. A woman finance minister should replace the disgraced minister, the central bank has a very competent Ms. mwatela, though not from mountain she has a reputaion for competence and integrity she could direct the bank. we should not give the kikuyu a bad name, unfortunately a few bad apples can spoil the reputation of a whole people. Kimunya is destroying our reputation as kikuyus. We want our face back!!!!!
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