The Standard, Kenya
June 22 2006
Kenya: Armenians: New Rules Could Shield Big Names
Cyrus Ombati and Joseph Murimi
Nairobi
Investigation into the Armenians’ saga has run into fresh trouble,
just a day after the Government attempted to block an independent
probe into the affair by two parliamentary watchdogs.
New tough rules published on Wednesday to govern the Shedrach
Kiruki-led commission of inquiry could gag the media and shield
influential individuals believed to be linked to State House and
suspected to have been involved with the Artur brothers. No witness
invited to testify before the team, for instance, shall be allowed to
adduce evidence relating to any matter prejudicial to the security
of State or that of the Head of State without the permission of the
commissioners.
The hearings are public, but this clause could be used to deny the
public first-hand access to information, which is in their interest.
The commissioners may also direct that the public shall not be admitted
to all or any specified part of the proceedings, a clause that could
also be used to bar the media from covering the proceedings.
Released just a day after Justice minister Martha Karua shocked
MPs with a statement in Parliament on Tuesday that the Government
had asked Speaker Francis Kaparo to rule on whether the two House
watchdog committees were legally constituted, the new rules reinforced
concerns that the Kiruki commission would not carry out impartial
investigations.
Renewed onslaught
The rules are published in a Gazette notice No. 4522, under the
Commissions of Inquiry Act Cap 102. Kiruki, who chairs the commission,
signed the notice. The commission will sit Mondays to Fridays from 9
am at the Kenyatta International Conference Centre, Nairobi, beginning
next Wednesday.
It will inquire into the various wrongful, criminal or otherwise
unlawful acts and omissions, including breaches of security by
Artur Margaryan, Artur Sargasyan, Arman Damidri, Alexander Taschi and
others. And the Government was under renewed onslaught in Parliament on
Wednesday, where it was accused of attempting to scuttle investigation
into the Armenian brothers saga because it was heavily implicated.
In a letter tabled in Parliament, Kabete MP Paul Muite dismissed
arguments by Justice minister Martha Karua as without merit in law and
fact. Muite said the letter tabled by Karua in the House on Tuesday
should be seen for what it was – "an attempt to block impartial,
independent and thorough investigation into a matter where the
Executive is heavily implicated."
Muite, who co-chairs the joint parliamentary committees probing the
Armenian brothers debacle, said emerging evidence showed the two
enjoyed close relations with powerful individuals within the Executive.
In the Gazette notice, Kiruki says individuals may be barred from
appearing before the commission for the preservation of order,
due conduct of the inquiry, and to protect the person, property or
reputation of any witness or person referred to in the proceedings.
No comment in the media
It remains at the discretion of the commissioners what names,
addresses or witness photographs may be published. Any person who
contravenes the order may be guilty of an offence and liable to a
fine not exceeding Sh10,000. Kiruki said a lawyer may represent those
implicated or mentioned.
The rules state that any person likely to be adversely mentioned by
any witness in the course of the public hearings shall be served with
a notice in advance and may appear in person or through an advocate
to cross-examine the witness. But Kiruki also cautions any such person
who would be adversely mentioned before the commission not to comment
on the allegations in the media.
It appealed to those wishing to give evidence to communicate with
the joint secretaries, indicating in writing the substance to be put
before the commission.
"The counsel assisting the inquiry will warn witness that after
examination-in-chief, they may also be cross-examined by him," said
Kiruki in the notice.
The commission will have the right to "summon any person to testify on
oath and to produce any exhibits that the commissioners may require".
On Wednesday, Muite told Parliament that for a long time the Executive
put up a spirited defence of the two Armenian brothers. He said that in
view of the gravity of the issues and the involvement of the Executive
arm, only Parliament can unravel the truth.
He said a President-appointed Commission of Inquiry cannot seriously
be expected to unravel the whole truth regarding the activities of
the two brothers.
He said unlike the joint committee that will report to Parliament,
the commission will report to the President.
Muite said it was in the public interest that the whole truth be
established.
"Parliament has the unique opportunity of restoring the dignity,
self-respect and sovereignty of the Kenyan nation by unravelling the
Armenian saga and letting the Kenyan people and the world know the
truth," Muite says in the letter to Speaker Francis ole Kaparo.
He said the two brothers may have been involved in the raid on the
Standard Group that Internal Security minister John Michuki later
described as a "Government operation." Muite said the two brothers
may have visited State House or been in the presidential entourage
to Uganda.
He further said the Arturs had committed a number of crimes and
the Executive’s move to hurriedly deport them instead of having
them charged in court was suspect, and so was its move to appoint a
commission of inquiry.
"Many Kenyans will be excused for seeing the commission as part of
a cover-up of involvement of individuals within the Executive with
the Armenians," he said.
He said it was necessary to investigate whether Kiruki was part of
the Armenian saga, especially in his alleged capacity as a consultant
on security matters.
Muite asked Kaparo to consider those issues as he makes his ruling
and urged him to dismiss Karua’s arguments.
"The Joint Committee invites Mr Speaker to dismiss those arguments
off-hand as indeed they deserve. In so doing, he will be striking a
blow for public good and promoting public interest," he said.
Parliamentary business
Separately, Karua insisted it was wrong for MPs to investigate the
deported Artur brothers’ saga when the President had appointed a
commission to probe it.
Karua stood her ground, saying she had raised "serious and legitimate"
issues in Parliament.
She criticised Leader of the Official Opposition, Uhuru Kenyatta,
for speaking on the matter outside Parliament.
"I raised a legitimate issue in Parliament because there are
serious issues that should be addressed," she said in response to
questions from journalists about the Government’s attempt to block
two parliamentary committees from probing the Armenian brothers’ saga.
But she declined to comment further, saying it was before Parliament
and awaiting the Speaker’s ruling.
"I can’t dwell on the issue since it’s already before Parliament.
Let’s wait for the ruling of the Speaker," said Karua at Dagoretti
in Nairobi after commissioning a borehole.
She said she did not want to discuss parliamentary business in public
"like my colleague Uhuru" as that would not be in order.
On Tuesday, Karua told Parliament that she believed it was wrong for
MPs to investigate matters on which the President had appointed a
commission of inquiry. She asked Speaker Francis Kaparo to rule on
whether the two committees jointly investigating the Armenians were
legally constituted.
The minister expressed concern that the parallel investigation by
MPs was tantamount to Parliament usurping the role of the Executive.