In July 2007 the Serious Fraud Office (SFO) opened a criminal investigation into a number of contracts between the Kenyan Government and business entities collectively known as the Anglo Leasing matter. The investigation has been conducted with the assistance of the City of London Police (Overseas anti-corruption unit).

Searches were carried out in the UK at a number of private and business addresses in May 2008. Documentation was seized and as a result Letters of Request were sent to various jurisdictions and evidence was obtained from Spain, France and Switzerland. However this case depended on mutual legal assistance from the Government of Kenya. The Director of the SFO, Richard Alderman, has exercised his discretion to terminate the investigation as there is currently no reasonable prospect of conviction without the evidence from Kenya. If evidence is received from Kenya in the future, the Director will consider reopening the investigation.

This message raises more questions than it answers. What evidence has Britain collected on this matter? To whom does that evidence belong? Would SFO take similar action of these criminals were engaged in anti-British activities? Should SFO not make that evidence public to shame those Kenya government officials who frustrated these investigations?

The message is that the Kenya is an unwilling partner in this investigation. That may be so. How can we bring pressure on our government if we do not have critical information?

Anglo Leasing has been with us for a very long time. The former Ethics and Governance Permanent Secretary John Githongo blew the whistle on it. In the ensuing storm high government officials stepped aside to allow for investigations. Why was this information not made public then?

Githongo then went into exile in London. Team after team of Kenyan big-wigs journeyed to London to meet him. These included the Director of the Kenya Anti-Corruption Commission and a parliamentary select team. Was this information ever handed to them? If not why not? Are they all culpable?

Chris Murungaru a former minister then filed a libel suit in London against Mr Githongo and former British High Commissioner to Kenya Sir Edward Clay. The court ruled in favour of Dr Murungaru after the duo failed to make an appearance in Court. Why was this information not tendered to that British Court?

Strangely, Anglo Leasing then appeared in campaign strategy documents of a major political party in the run-up to the December 2007 elections.

At that time, British diplomats were extremely loud on corruption and Anglo Leasing. When the Kenyan media broke the story of the metamorphosis of Anglo Leasing into a political campaign tool, everybody went into silence. Embarrassed silence. Who was behind this metamorphosis?

At one time, we learnt that Githongo had been stopped from engaging in these investigations in the UK. He was told that “these British companies did no wrong.” If this was true why was it done? Githongo dropped the matter.

The British Government has a duty. It must reveal everything it has about Anglo Leasing and leave the rest to Kenyans.
They have incriminating evidence from Spain, France and Switzerland. British companies were paid by the Kenyan tax payers to go after these criminals. They must account for that money. Otherwise we shall conclude that the entire enterprise was/is a mere political bogeyman put out for political purposes in an election year.

What use is such information to Britain if it is not make public? How is Britain helping Kenya to fight graft if it hides critical info on Kenyan criminals? Unless this info is made public, we maintain that, Britain is merely blowing hot air to remain relevant.