People,

 Birds of the same feather dont see anything wrong in the manner Amos Kimunya handled the sale of Public Utility – more or so, behind the Minister-in-Charge of Licensing.  What makes it sinister is the way Grand Regency Saga was brought under investigating committee, then suddenly before the public are informed or the Minister for Land and Licensing is aware about the Documentation Transactions taking place, Kimunya has completed sale transactions and acquired Trading License to the Libyan buyer, manouvring through with junior staff of Orengo’s Ministry.  Doesnt this characteristic behavior look scandalous and funny? The Minister is the one responsible to answer questions in Parliament and is in the Administrative Management of public resources. How do they expect Orengo to defend the matter in Parliament and explain to the public if he is unaware of the circumstances to which Grand Regency changed hands? 

 Or is it because Orengo though a Minister, is ODM and a Luo, so he is not fit to know or be informed?  Or is Public properties for Kikuyus/GEMA’s  to utilize or dispense at will, and every other tribe in Kenya are subsidiary in the event of business involving public utility and investments? Or dont Kenyans have the right to know why and how Kamlesh after corrupting Kenyan Resources and public utility (corruption of high order and robbing Kenyans fabric of survival – Kamlesh charged in Criminal and Civil Cases), was awarded Amnesty in exchange of Grand Regency? Does the Kikuyus/GEMA have a blank check in the ownership of Kenya?  Does The Finance Ministry belong to Kikuyu’s only or Kenya?  Do other Kenyans of 42 tribes have a right to be employed in the Finance Ministry and other Ministries headed by the Kikuyus/GEMA for that matter?  Are they too bold to tell Kenyans on their face they dont matter as long as they are not Kikuyu? Is this Robbery with Violence to unsuspecting majority poor Kenyans?

 What an insult, annoying statement from Kimunya and Beth Mugo!!!!!!  Is this a hoodwink, to let hot air pass, so they can continue with their missions as usual like everybody else complaining about Grand Regency is a fool,

and do not understand business?  See Beth Mugo’s comments here under……. How dare she and Kimunya insist he Kimunya did a good thing to Kenyans.  To steal public properties from Kenyans, exposing Kenya to a worse corruptible environment scenario - putting pushing the rest poor Kenyans of 99% on a dangerous poverty death bed is a good thing?  What an insult!!!!!  May the whole Kenyans and the world condemn this barbaric brutal blunt betrayal of public service,  trust and resource flight in the name of investmenting for Kenya?

I support Orengo in cancellation of the deal unless Kimunya explains himself sufficiently to Parliament and the public why he evaded the investigating team and went ahead stealthly to finalize the sale deal when he was ordered to stop and go before them.

 People want to know.  Beth Mugo needs to explain, if there is nothing fishy why did they transact Grand Regency in a stealthly conning sinister manner?

Thank you,

Judy Miriga

USA

@@@@@@@@@@@@@@@@@@@@@@  

Grand Regency: Orengo threatens to cancel deal

Story by NJERI RUGENE and DAVID MUGONYI
Publication Date: 6/30/2008

Lands minister James Orengo Sunday said he was considering revoking the controversial sale of the Grand Regency Hotel.  

Lands minister Mr Orengo. Photo/ FILE

“For public interest to be protected, nothing short of revocation or cancellation would suffice unless those involved want to pay the full amount,” he told the Nation.

Prime Minister Raila Odinga said he had called a Cabinet committee meeting for Tuesday to discuss the Grand Regency saga.

 “It is only after that meeting that I can say publicly how far the investigations have reached,’’ he said in Kiambaa, Kiambu District, Sunday.

Addressing a gathering during a home coming party for Kiambaa MP Stanley Githunguri, Mr Odinga said all leaders were answerable to Kenyans and none was indispensable.

He promised full investigations into the saga.

Addressing the same function, Cabinet ministers Anyang’ Nyong’o, and Dalmas Otieno called for full investigations, saying the law needed to be followed to the letter.

Kenyans have expressed outrage at the revelation that the five-star city hotel was recently sold  secretly.

Cabinet minister Mutula Kilonzo said he was the lawyer in the Sh4 billion sale of the hotel to Goldenberg scandal chief architect Kamlesh Pattni in 1994.

But Mr Pattni last evening denied he bought the Grand Regency in 1994 at Sh4 billion. He said the hotel, whose contruction was incomplete at the time, plus four others cost less than Sh1 billion.

Mr Pattni said in an interview with NTV, that being granted amnesty for both criminal and civil cases was part of the deal to surrender the hotel to the Central Bank of Kenya and that his lawyer was still following the issue.

But Sunday Mr Kimunya defended himself saying he did the right thing in disposing of the hotel.

“Even when you do a good thing people will always castigate you,’’ he said at a function in his Kipiripiri constituency.

His Cabinet colleague Beth Mugo, speaking in Mwingi, supported the sale saying there was nothing fishy about the sale of the hotel.

Speaking during Vice President Kalonzo Musyoka’s homecoming party, the Public Health and Sanitation minister said the transaction was regular.

On Sunday, Mr Orengo said he was also considering placing a caveat and/or restriction on any transfer of the hotel and the land it stands on so that its buyers don’t transfer it.

“I have not seen the documents but will be calling for them. I will study them carefully, and get proper advice because anything based on fraud is null and void and should be declared such,” he added.

The Grand Regency saga has split the Cabinet, with ministers Martha Karua, Mutula Kilonzo, William Ruto, Mohamed Kuti, Charity Ngilu and Sally Kosgei calling for thorough investigations into the transaction.

In Mombasa, seven MPs agitating for formation of an opposition said they would lead Kenyans in mass action from this week, to force Mr Kimunya’s resignation and others involved in the saga.

Led by Mr Gitobu Imanyara of Imenti Central, the MPs also asked the Libyan government to surrender the title deed for the hotel until its sale, which they said was shrouded in mystery, was streamlined.

Mr Imanyara also announced he would sponsor a motion in Parliament to censure Mr Kimunya.

As Mr Orengo spoke, the Nation learnt of behind-the-scenes manoeuvres and intimidation of senior ministry of Lands officials to sign transfer documents.

An influential Cabinet minister, a senior Permanent Secretary, a Central Bank of Kenya official and a senior security adviser coerced ministry of Lands officials to transfer the hotel without involving the minister.

Sources familiar with the transactions said two senior lands officials received several telephone calls from the four powerful government officials directing them to ensure a speedy transfer of the documents to the new owners.

Insiders said in their conversation, the four invoked the name of a powerful individual in Government. Eventually on Wednesday, one of them walked into the Lands office and camped there until the civil servants signed the transfer.

 “The four were not hiding anything and threatened the lands officials with demotions and transfers,” our sources said.

On Sunday Mr Orengo said:  “There are certain powers in law which are vested in the Registrar and Commissioner of Lands and can be exercised in one way or another,” the minister said in the interview.

Saying he was ready to put his job on the line over the controversial sale, Mr Orengo talked of powerful individuals behind the deal, adding he would expose them once he got the full details.

He described the transaction surrounding the sale of Grand Regency as “fraudulent from the beginning”.

“I am prepared for anything even if it takes my sacking or resignation. Extraordinary measures must be taken to deal with problems at the Lands office,’’ he said.

The minister also doubted that the hotel was actually sold for the Sh2.9 billion, saying its value was higher and taxpayers were bound to lose at least Sh7 billion.

The ministry, he announced, would send valuers to determine the hotel’s real value so that the Government could be paid adequately.

According to Mr Orengo, the Grand Regency deal involved a more powerful cartel than Kenyans knew.

“I believe the Finance minister could not have acted alone. More people were involved in the negotiations, drew the agreement determining how much, how and where to be paid.’’

The Lands minister also said he believed the deal with the Libyans must have been sealed earlier and the buyers have now moved in to take their property.

He said he would seek audience with the President to discuss the irregular’ transfer.

Mr Orengo said he learnt of the sale through a junior employee after all the transactions and transfers were complete. He also said the plot next to the hotel had been sold secretly for Sh1 billion and was being guarded by the police.

Mr Kimunya has been on the spot since the story broke out. Initially, he denied that there were plans to sell the hotel, saying it would only be done through competitive bidding.

However, on Friday, he backtracked on his earlier denials when Mr Orengo revealed that the hotel had been sold.

Mr Kimunya described the deal as having been too sweet to be resisted. He commended Mr Orengo for “blowing the whistle’’ but the Lands minister Sunday dismissed the praise as “a mockery’.’

On Sunday, Kenyans were grappling with questions on why the property was undervalued and who the beneficiaries of the transactions were.

Additional reporting by Caroline Wafula, Mazera Ndurya and Patrick Muthuri

——————–

API

Commentary:

Folks,

This will not succeed in the name of Jesus.  We denounce the devil in totality. We will keep our midnight oil burning.  Shetani ashindwe

katika jina la Yesu!!!!  Mimi sita rudi cannan.

Can everyone who loves Kenya begin to contact and call their Parliamentarians and share in the forum in response their comments.  If any

Parliamentarian refuses to respond put their names in this Forum.  Even

the constitutents that voted for Martha Karua and Kibaki, I believe there

are some normal sane beings there, let them speak out – this is a serious

matter.

May we have their emails for circulations for those who cannot access it.

For this reason, their allowances should not be taxed.  They will have to work overtime people.  We have to start thinking and come up with

ideas for job creations to supplement overdues for MPs allowances, because they have to work people. 

Thank you Mudavadi for speaking out.  More will come out.  Good move.

Kudos

By Judy Miriga, USA

To Sam Okello from Paul Nyandoto, 

That is a brilliant note you have placed forward.

Iam just afraid to tell people these words. I do see both PNU and ODM as failures in our eyes and ears. The PNU guys also signed all the agreement but it does not look as if they do care. On the other hand the ODM may cause a lot of blood bleeding in the 2011 or 2012, since they are the ones trying to tell people that all is good, coalition will work upto 2012 bla, bla etc.

Nothing has changed in this called present coalition governmnet if you compare it with how Kibaki used to do business in the 2003- 2007. Corruption is as usual, nobody is  send to prison for it, Kibaki decides who gets what and which jobs etc. People are loyal and are not demonstrating any more. Infact ODM has layed them the foundation of peace and stealing.  So the ODM is on the otherside telling people to keep cool and be exploited while PNU is just exploiting. It is like telling one side of  two fighting armies (A & B),  that  army A to hold their weapons and army B are left free to fire the guns. You might be suprised that in 2012 more people will be killed by police or army bullets than the ones they killed after 2007 elections. And i am afraid that the majority of deaths might be in the ODM strong holds since the ODM holds nothing except same names as ministries.

Look at how the Hotel was sold to the Libyians, even without the Knowledge of the minister concerned. Can you tell me how many weapons have they bought now which ODM does not know even where they are kept?. May be the money got from the Hotel (extra money) they sold to Libya was payed partly by weapons, or some trainning of PNU militia in Libya, who knows? only God knows, i do think even the prime minister does not know. According to me my simple deduction is this: ODM is an opposition in the government who does not know that it is an opposition believe me or NOT?. This is a big denial which will come out as a true myth just in the next general election 2012, when people will be going to an election again without the new constitution.

I do wonder when sometimes i do hear Kenyan prime minister or foreign minister critisising Zimbabwe. In Kenya we do not have a proper constitution, we still have ECK chairman who caused a lot of deaths and instead of correcting things at home they have the time to speak about Zimbabwe: does these people know that Charity starts at home ?,: You first make your home right before you try to make your friends, or you pick the dirt from your eye first before you can pick the dirt on the other person`s eye. A blind man never leads another blind man. Both Kenya and Zimbawe does not have good leadership. The prime minister and the foreign minister  of Kenya are  not even international diplomates to handle Mugabe`s case?.

Paul Nyandoto.

>>> <samokello@sahelpublishing.net> 06/30/08 7:58 >>>
 

Is this a coalition government or are these two separate governments?
 
It’s now six months since the events of December 2007 made necessary the formation of a coalition government. In that time, a lot has happened that makes it necessary for us to wonder whether Kenya’s is truly a coalition government or two separate and unequal governments.
 
Here are the pertinent issues.
 
1. After the elections, it was my understanding, and that of most Kenyans, that one of the most critical issues that faced the nation was the restructuring of the Electoral Commission of Kenya. There was a man called Samuel Kivuitu who had disgraced himself so irreparably that the only redemptive way out for him was to resign, then be charged with aiding and abetting fraudulence in an election. As things stand, this matter seems to have effectively been shelved by the Kibaki side of the government. What I have to wonder is…by agreeing to participate in the by-elections recently held, was the ODM side saying Kivuitu is just fine? Is reforming this discredited body still a priority, or must Kenyans wait till we are close to another election before our perpetually shortsighted politicians sense that this matter could lead to another meltdown?
 
2. The matter of the constitution was supposed to be a top priority. Indeed, it was the understanding of Kenyans that the government was going to move with speed to address the many issues our constitution fell short on. Land Policy. Distribution of resources. Gender equality. Religious freedom. Six months later, what we’ve witnessed is the PNU side, led by Amos Kimunya, reading a budget that failed to allocate any funds for this critical exercise. The question again is…what’s the ODM storyline here? Are we waiting for 2011 to start scrambling? It will be the biggest failure of leadership if the PNU side hoodwinks us and successfully sends Kenya to another election under the unrepresentative constitution.
 
3. The IDPs were supposed to have been settled by now. What in the world are our brothers and sisters still doing in the cold and the unforgiving rains of the season? Where is the money that was allocated for the exercise of settling these folks, and why can’t the exercise be commenced and done with the competence and compassion it deserves? Six months later? Shame on all of us! But again, where is the ODM on this matter? Are we waiting for 2011, when we are looking for the votes of these suffering mothers and fathers? Where is action, folks?
 
4. The final urgent matter is the amnesty issue. On this, we know that the Kibaki side of the government wants to prosecute what they call criminals. The Odinga side wants to forgive and foster reconciliation. These are two visions that have a bearing on the future of our nation. Like I’ve always warned, the Kibaki team is hell-bent on scapegoating the small man for the election debacle. To the PNU, everything would have been just fine if Kibaki’s theft of the election had gone unchallenged and the Mungiki was given a free reign. Well, to ODM’s credit, this is a matter that has been pursued with gusto. But that’s not enough. At some point it must be made clear that there is a time limit to the call for amnesty. The ODM must let Kenyans know what steps will be taken if the other side of the government insists on punishing the small man and letting the real criminals go free.
 
Those are the big four. Indeed, it would be enough if from here on out, the two governments concentrated on resolving those four issues only. Those issues are enough to occupy us till 2012. If we don’t get them right, God forbid that we should face another election so soon!
 
That said, here are the other arising matters.
 
a. The Cabinet
 
It’s now clear that while folks in the PNU side are engaged in corruption on a grand scale, like the harrowing sale of the nation’s landmark hotel, the folks in the ODM side are asking questions and working to stop the blatant looting going on. Does the fact that the Hon James Orengo was out of the loop on a matter of this magnitude inspire your confidence as a Kenyan? Hhmm. And you still call this a coalition?
 
b. Permanent Secretaries
 
Once upon a time we were told that this was supposed to be a 50-50 government. But when the two principals got behind closed doors and presented their list of PSs to the nation, what we saw was anything but a 50-50 split. We also saw a bunch of oldies. I understand and applaud the pragmatism that led the Prime Minister to swallow this bitter pill, but this matter aptly demonstrates the fact that what we have is two governments.
 
c. Diplomatic Assignments
 
It seems to me like once again the folks who were in these positions were merely affirmed. Where are the 50% that represent the ODM in the world’s capitals?
 
d. Corporate Appointments
 
Again, point a finger at the 50% that represent the ODM.
 
As usual, I expect to be called an inciter and all manner of names for slapping the facts on the table. But if we don’t deal with these matters on an honest basis, we’ll only be fooling ourselves. Facts have a way of coming back to kick the butt of those who ignore them. So based on what has transpired in the six months, fellow Kenyans, what I see is two separate governments, one more powerful and more corrupt, the other less powerful but more patriotic.
 
For the sake of Kenya, I pray that the patriots will have an upper hand.
 
For Love of Country,
 
Sam O. Okello

———————

African Press International – api

Posted to API by Judy Miriga,

Written by Albert Muriuki and Morris Aron

April 23, 2008: On Nairobi’s Loita Street, the Libyan flag flies high atop the five-storey Embassy building, perhaps a sign of the country’s passion to get a foothold in Kenya’s oil and business sector. The stakes are high.

Across the street is the Grand Regency Hotel, a landmark institution that symbolises greed, theft and corruption — the hallmark of the Kanu regime.

The Libyans want the hotel as part of their bid to entrench themselves into Kenya’s business sector and so do the Indians.
Diplomatically, the Libyans have an upper hand — or so they believe.

Last month, when the country was in the thick of a political stalemate, President Kibaki flew to Kampala meet Libya’s President Muammar Gaddafi who was commissioning a new mosque.

In diplomacy circles, that was a signal that the Libyans have got to the heart of Kenya’s presidency.

Libyan oil merchants are in town looking for contracts and seeking to elbow out other investors in a pull-and-push game that has seen Indians — who were after the lucrative oil refinery in Mombasa — cry foul.

Eight years after they re-opened an embassy in Nairobi — which was shut in 1987 after the Moi regime accused the embassy officials of espionage — the Libyan oil merchants want to have a footprint in the region and are keen to edge out competitors.

Like the emerging story of the Grand Regency Hotel, the entry of Libyans – and the fight for lucrative tenders and business space — is opening new battle grounds.

Indian, Chinese and Libyan companies are taking advantage of a political stand-off between the Kibaki regime and British companies which were previously the main beneficiaries of such high level transactions.

At the Grand Regency, a group comprising Libyan investors trading as Libyan Arab African Investment Company is pitted against another one of Indians who recently bought a vacant plot next to the hotel.

The Indian group boasts of the fifth richest man in the world, Mr Mukesh Ambani, who early last month partnered with an Arabian real estate firm, Arrow Webtex, to form Delta Resources Limited and bought a number of plots close to the hotel.

One of the deals included the purchase of a parking lot next to Grand Regency at a cost of Sh1.4 billion from the National Social Security Fund (NSSF) in the country’s biggest property deal so far this year.

Arrow Webtex has also reportedly bought another parking lot between Barclays Plaza and Nyati House, where it plans to build a number of top-end hotel and shopping malls, creating a “city within a city” around the hotel complete with modern shopping centres, casinos and other entertainment services.
The investors also recently bought into Gapco oil and have other interests in the country.

Once a virgin green zone, the land between Uhuru Highway and Loita Street has been the bastion of speculators who got the land in the mid years of the Moi Government and it is there that the Indians and the Libyans will start their fights.

And a cabal of local interests have joined the fray, questioning the authenticity of documents regarding the hotel sale.

A document supposedly written by businessman Kamlesh Pattni’s lawyers but which do not have his signature, states that one of the pre-conditions for the hand-over of the hotel to CBK is the sale of the property to a pre-determined investor.

President Kibaki on a recent trip to Libya.

According to the document, the hotel was to be sold jointly by the Central Bank and Mr Pattni to a buyer free of any encumbrances at market value and determined by two reputable valuers.

Wetangula, Adan, Makhoha and Company, Mr Pattni’s advocates, through Mr Ahmed Adan told the Business Daily that the reports were fraudulent and that the advocate firm had not issued such a document.

“I can confirm to you that we have not written any such a declaration,” said Mr Adan.

The law firm accused politicians who are against the repossession of the hotel and “people who are interested in the deal,” as being behind the document.

“The people behind this are shameless corrupt people with up to 20 cases in court,” said Mr Adan as he showed the Business Daily what he said was the declaration signed by Mr Pattni before the handover of the hotel to Central Bank.

The Attorney General (AG) yesterday distanced himself from the hotel’s recovery by the Kenya Anti-Corruption Commission (KACC).

So, if the documents were forged, who did it?

At the port of Mombasa, the transaction to buy 50 per cent of shares held by Shell, Chevron and BP in the Kenya Petroleum Refinery Limited (KPRL), has not only annoyed the Indians, but has brought to the fore just how Libya has muscled all its diplomatic, political and economic clout to get the lucrative deal even after the Indians, through their company, Essar Energy Overseas Ltd, won the tender in December last year.

The battle lines are slowly getting drawn.

Essar Energy Overseas Limited concluded a transaction of the purchase of 50 per cent shares by Shell, Chevron and BP in KPRL, Mombasa in December 2007. As per the Shareholders Agreement between the Government and the Industry shareholders, the Government has the Right of Pre-emption if the industry shareholders decide to sell their shares.

Accordingly, when the transaction was signed, the Government was approached by the three oil companies to waive its first right of purchase. This request has been extended three times, raising concern mainly amongst cadres of the Energy ministry, Foreign Affairs and Essar.

The last deadline passed on March 19.

The refinery in Changamwe, Mombasa, has a capacity of around 72,000 barrels per day and is an attractive investment. The intended modernization programme is to increase current production of liquefied petroleum gas, from the current 30,000 tonnes to 120,000 tonnes per year.

At the centre of the diplomatic row is the Finance ministry which has apparently been using delaying tactics probably as a way to force Essar to give up its bid and give Oilibya an easy way in.

The Libyans are slowly mastering their way into Kenya, having entered the downstream market with a rebranding of the former Mobil petrol stations.

However, during his recent trip to Uganda during the official opening ceremony of the Gadaffi National Mosque on March 19 in Kampala, Colonel Muammar Gadaffi held talks with President Kibaki. Whether this involved the pending business is not clear. The Presidential Press Service did not answer queries about the issue even after numerous calls and emails.

But the Indians are not taking it lying down, correspondence obtained by the Business Daily, shows that in a meeting held on March 12 this year, India raised concerns about the KPLR issue and urged his Kenyan counterpart to raise the issue with the Finance and Energy ministries.
The Kenyan Ministry of Foreign Affairs, in a letter signed by Ms Mercy Odongo on behalf of the Permanent Secretary, conveyed the Indians concerns to the ministries in a letter that clearly emphasised the fears and concerns of Essar.

“The matter is still being discussed in government. These consultations could take some while. In that regard and the fact that a number of ministries and stakeholders are involved, Foreign Affairs may not be in a position to provide further information at the moment,” Mr Eliphas Barine of the Foreign Affairs ministry said.

The Indians are said to have pledged to use over $400 million (about Sh22 billion) in both equity and loans to upgrade the refinery, a process that would eventually dilute the 50 per cent share holding by the Government.

But the hurdle at the KPLR goes beyond the foreign relations and even deeper into matters of bi-lateral lending between Kenya and its erstwhile Indian partner.

This is because of Export-Import Bank of India (Exim Bank).

Exim normally finances Indian firms for acquisition of overseas businesses including leveraged buy-outs and structured financing options. According to a Ministry of Energy official, Exim bank was to be the main financer for Essar for the KPLR transaction.

Essar is considering taking legal action to scuttle the process for the Libyans and might end up in a court out of Kenya where the three KPLR shareholders can arbitrate a dispute against the Kenyan Government.

This will not be without precedent for the Libyans in Kenya. A Czech firm, Skoda Export which partnered with Tamoil (the predecessor of Oilibya) for the Kenya-Uganda oil pipeline sued Oilibya in a London court over contractual difficulties between them. The London suit was one of the reasons that led to the stalling of the oil pipeline extension to Uganda. The suit was however thrown out for lack of jurisdiction in late March this year.

India and Libya want a foothold on the East African coast as it will be one of the three entries to extensive offshore oil exploration in Africa with huge potential. Already, the Southern African and Western African coast have already been clinched by western countries and China.

Mr Kamlesh Pattni

In Nairobi, intense lobbying for the ownership of Grand Regency hotel has been set off following the decision by Mr Pattni to surrender it to the Central Bank.

The hotel had been placed under charge in the mid 1990s over $210 million (Sh14 billion at current exchange rates) that Mr Pattni’s defunct Exchange Bank had borrowed from the Central Bank and failed to pay.

Mr Pattni said he had surrendered the prestigious hotel under the Economic Crimes Act of 2003, which allows for pardoning of perpetrators who forfeit proceeds and assets from stolen public funds to the state.

But that is half the story.

“Investors know that they can make money if they bought the hotel,” one investor interested in the facility said. But there is more in the Grand Regency saga.

Recent reports suggesting that the hotel has since been sold to Libyan investors and denied by the Central Bank are understood to be part of the shadow boxing tactics among prospective investors. There have since been questions over the authenticity of the correspondence on which the reports were based.

Valuers contacted by The Business Daily valued the property at between Sh8 billion to Sh12 billion compared to the Sh1.6 billion mentioned in the reports. It has since emerged from dealmakers advising various interest groups on how to approach the transaction that two investment groups, assisted by some politicians, are seeking to get the better of each other in the deal.

A third force exists in the form of politicians led by Imenti South MP Gitobu Imanyara who want the hotel sold to the public. The Law Society of Kenya has also threatened to seek legal redress if no competitive bidding is done in line with public procurement rules.

Patronage is seen to be in favour of Libyan investors especially after the government signed a memorandum of understanding on investment with the Libyan government.

Legally, CBK being the chargees can single-handedly choose who to sell the property to through either private treaty or public auction. Grand Regency was owned by Uhuru Highway Development Company which Mr Pattni acquired from the family of the late Mohamed Aslam, owners of the collapsed Pan Africa Bank.

Mr Pattni was the subject of a Commission of Inquiry into the Goldenberg scandal which started in February 2003 and ended in September 2004 The commission recommended that he, alongside other culprits, be prosecuted and made to pay back the stolen money. Under the Economic Crimes Act, however, those who agree to return the property they are cleared of all the charges.

Under the Anti-Corruption and Economic Crimes Act of 2003, KACC is given the powers to recover any property that is deemed to have been acquired illegally. However, this is done after the KACC institutes proceedings at the High Court and adduce evidence that the person has unexplained assets which have been obtained through corruption.

In the recent recovery of Grand Regency, at least three court cases which were still on going even as he gave up the property. The KACC is said to have offered Pattni amnesty in after he surrendered the property.

Further, the statement by Mr Wako also raises issues on the manner of cooperation between the AG’s office and KACC, the two are supposed to compliment each other but seem to be working at a cross purpose without briefing each other.

“As the legal advisor to the government, the AG’s opinion should have been sought before awarding amnesty to Pattni,” says Prof Githu Muigai, a leading lawyer.

But Pattni remains a sideshow in the battle between the Libyans and Indians.

—————–

African Press InternationaL – API

On realising that if ODM continues pushing for amnesty for thugs who were involved in post election violence, while helping ODM in their hunger for power, might rock the coalition government, Raila seeks to end amnesty talk. Why does he fear the break up of the coalition? Is it power that these men are now enjoying making them forget the thugs that helped them get the little power that they now have? (api)

Story by DANIEL OTIENO

Prime Minister Raila Odinga is seeking to bring to an end the amnesty debate, saying the Government will soon release a report.

Mr Odinga called for patience, saying, the Government was committed to resolving the issue once and for all.

The PM said that although the police had indicated that only 103 people were being held in connection with the post-election violence, the numerous complaints raised by the public had necessitated an investigation.

“The police say that they arrested 103 people and you are saying that very many people disappeared. We will investigate the matter soon,” he said.

This issue has divided the grand coalition Cabinet with a section of leaders led by Justice and Constitutional Affairs minister Martha Karua insisting that those linked to violence must face the law.

Another group led by Agriculture minister William Ruto maintains that charging the suspects would be tantamount to selective application of the law given that the street protests were organised by top government officials who are yet to be summoned to face the law.

There have also been calls from within the Government that the President and the PM find an amicable solution to the fate of those arrested in connection with the skirmishes.

Mr Odinga said the Commission of Inquiry into post-election violence  led by Mr Justice Philip Waki, which begins its work Tuesday, would look in to the causes of the violence.

The PM, who was speaking at the home-coming party of Nyando MP Fred Outa urged Kenyans to come out in large numbers and testify before the commission to help uncover what happened after the polls.

Meanwhile, a nominated MP and a section of lawyers have questioned the Government’s commitment to the reconciliation process, saying that it was sending conflicting information.

Ethnic relations

MP Millie Odhiambo and lawyers Haroun Ndubi and Cyprian Nyamwamu said that although Ms Karua had published the National Ethnic and Race Relations Commission Bill, her stand on the post-election violence suspects was wanting.

Mr Ndubi said the minister ought to push for alternative methods of justice as she forges ahead with the process of addressing the injustices that led to the chaos.

They spoke in Kisumu at a public forum where Ms Odhiambo said she would lobby colleagues to throw out the Bill.

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API/NATION.KE

Rwanda President Paul Kagama on Sunday said his country would send peacekeeping troops to Somalia, APA learnt on Sunday.

Kagame, who is attending the African Union summit in Sharm el-Sheik told journalists that his country is still working to send troops to join the African mission in Somalia but he did not give a date for the deployment.

Rwanda is among the few African countries that pledged to send troops to Somalia. The AU planned to have 8,000 troops deployed.

Other countries are Nigeria, Ghana and Malawi, Uganda and Burundi.

However it is only Uganda and Burundi troops, numbering around 2,600, that are currently deployed in Somalia.

The federal transitional government of Somalia is also backed by Ethiopian troops which have been in the country since December 2006.

Countries that pledged to send troops but have not done so cite political and financial constrains for the delay.

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API/APA

The African Union Commission chairman Jean Ping on Monday urged for dialogue and negotiation to avoid election violence in Zimbabwe.

He told the opening ceremony of the AU summit here in Sharm el-Sheik that regional communities also need to play their role in bringing peace and stability to Zimbabwe.

Earlier, Egyptian President Hosni Mubarak also called for negotiation to solve the Zimbabwe election crisis.

The calls for negotiation came as the world waits to see what measures the AU will take to resolve the political crisis in Zimbabwe.

Many officials are suggesting \”Kenyan style\” power-sharing but it is not yet clear if President Robert Mugabe or opposition leader Morgan Tsvangirai are ready for power sharing.

Mugabe, who is attending the summit, looked happy and full of confidence while the AU called for negotiation to solve his country\’s political election.

Ping focused his address on conflicts which have resulted in instability in the African region.

He cited as challenges to the AU the conflicts in Darfur, and between Chad and Sudan, Eritrea and Djibouti, and Ethiopia and Eritrea.

He said the AU was ready to assist in solving these conflicts but urged the international community to help financially so as to strengthen the AU peacemaking efforts in the region.

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API/APA

The Malawi government has made a special request to the United Nations to release more funds to allow Lilongwe to send additional troops to the Democratic Republci of Congo, local Zodiak Broadcasting Station (radio) reported Monday.

Malawi has 111 soldiers in the DRC who are assisting in bringing peace to the war-torn but mineral rich nation, the radio said, quoting Malawi Defence Force (MDF)’s Brigadier General Chinjala who made the plea in Goma, DRC, during a five-day tour with local journalists in that country.

Chinjala told journalists that the Malawi army contingent in the DRC was overwhelmed by a huge workload, hence the need to send additional soldiers to alleviate the situation.

\”When we visited our soldiers in Kisangani region where they are based, we saw that there was too much work for them. We therefore thought of talking to the division commander to ask the UN if we could send more troops now that the soldiers are moving from Kisangani to Goma,\” he said.

He said government was hopeful of a positive response from the UN head office after being briefed by the UN Division Commander in the DRC.

The visit was meant to re-supply the troops, boost their morale and discuss with the authorities the logistical issues needed as the Malawian soldiers move from Kisangani to Goma.

Soldiers from across the world under United Nations Peace Mission are trying to secure the partial peace in the DRC due to the long war that has so far seen thousands of civilian people dead.

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API/APA