Muchemi Wachira
29 September 2008
Nairobi — Former Finance minister Amos Kimunya will not testify before the Cockar Commission after all, it was ruled on Monday.
Commission chairman Abdul Majid Cockar made the ruling after an application by Mr Kimunya's lawyer, Prof Githu Muigai.
Prof Muigai made the application after the commission's 21st witness, Mr Timothy Njehia of Crystal Valuers Limited, concluded his evidence.
In the application, Prof Muigai noted that none of the witnesses who gave evidence implicated the former Finance minister with the controversial sale of the hotel.
It was in Parliament that Ikolomani MP Bonny Khalwale successfully moved a motion of no confidence in Mr Kimunya since the hotel sale took place when he was Finance minister.
The hotel, lawmakers insisted, was a public asset, which was not supposed to be sold under a private deal.
Even after trying to put up a defence, declaring his innocence, Mr Kimunya found himself on the receiving end when Dr Khalwale came up with the chorus "Kimunya must go".
There was also a public outcry and pressure for the former minister to step aside to pave way for investigations.
Lands minister James Orengo, who was the commission's 19th witness, blew the whistle over the sale.
In his statement before the commission, Mr Orengo did not mention Mr Kimunya's name regarding the controversial sale.
Steps aside
He at one time admitted that Mr Kimunya was legally correct when he said in Parliament that the hotel had not been sold. This is because Mr Kimunya made his statement on April 29 while the agreement to sell the hotel was made in May.
A Cabinet subcommittee appointed by Prime Minister Raila Odinga to look into the sale recommended that Mr Kimunya should step aside to allow for investigations.
On Monday Prof Muigai noted in his application that those who had implicated Mr Kimunya in the sale during the hearings at the commission had either denounced or retracted their statements.
"We (Kimunya's defence team) have formed the view that there is no evidence that would require Mr Kimunya to come as none of the 21 witnesses have made any allegation against him in respect of the transaction," said Prof Muigai.
The commission's time frame for discharging its duties expires on Tuesday. One more witness is yet to testify.
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