ARTUR BROTHERS PROBE RUNS OUT OF WITNESSES

The Nation, Kenya
Aug 2 2006

Story by MUGUMO MUNENE and LUCAS BARASA
Publication Date: 8/3/2006

Prominent people touched by the Artur brothers scandal are unlikely to
be called to give evidence to the commission investigating the affair,
it was revealed yesterday.

National security minister John Michuki testifies during yesterday’s
hearing Photo by Joan Pereruan They include Ms Winnie Wangui –
daughter of well known political activist Mary Wambui – and the
Nairobi provincial CID chief, Mr Isaiah Osugo.

The reason is that the inquiry has simply run out of available
witnesses, according to the team’s assisting counsel, Ms Dorcas Oduor.

She told the commission yesterday that the list of witnesses to
be called had been "exhausted", and said she would make her final
submissions next Thursday.

For Ms Wangui, lawyer Gibson Kamau Kuria told the inquiry that it
was not necessary for her to give evidence.

He explained: "It will not be necessary for my client to testify
because, going by all the evidence that has been adduced, there is
nothing that she needs to answer to."

Internal Security minister John Michuki who ordered the brothers
to be deported, did give evidence yesterday, although he was on the
witness stand for only 15 minutes.

Ms Wangui, along with a Mr Alois Omita and a Mr Julius Maina were
named as co-directors of Kensington Holdings Ltd, a company which
was involved in a series of forgeries, according to earlier evidence
given to the inquiry.

Neither Mr Omita nor Mr Maina have been called either, although Mr
Maina was earlier named as the man who claimed to be from State House
and organised the sudden dramatic appearance of the Arturs at Jomo
Kenyatta International Airport, to pretend they had just arrived in
the country.

The conclusion of the evidence yesterday ended in anti-climax after
business and social associates of the Artur brothers and senior
detectives investigating their escapades since March failed to show up.

On Monday, the commissioners asked anyone with information that
would help to unravel the mystery surrounding the two brothers,
who claimed to be descended from Armenian royal family – which died
out around 1,500 years ago – to volunteer their evidence before the
inquiry closed.

The law gives a commission of inquiry powers equivalent to that of
the High Court to summon witnesses and to demand the production of
any reports, documents and information they deem to be important.

Among other key people mentioned at the inquiry and who might have
helped to unravel the facts behind the brothers’ sudden appearance
in Kenya and their mysterious operations here – which the inquiry
was told at one point touched upon State security – was Ms Shirfana
Alarakiya, a Kenyan arrested at the brothers’ rented house in Runda,
Nairobi, along with Armenians Artur Margaryan and Artur Sargsyan on
the night before they were deported to Dubai.

Police witnesses had said Ms Alarakiya was freed as the brothers and
their foreign associates were deported, after the brothers brandished
guns at Jomo Kenyatta International Airport when their arriving guests
were challenged by Customs officials.

The Nairobi provincial CID chief, Mr Osugo, was the senior detective
ordered by Police commissioner Major-General Hussein Ali to investigate
the Artur brothers in March, after politician Raila Odinga claimed
there were mercenaries in the country hired to assassinate opposition
politicians.

Held meeting

Not even Maj-Gen Ali, who held a meeting with Mr Odinga before ordering
the investigations, has given evidence about the matter which one
witness said, "was raising national adrenaline levels for nothing."

The commission was told suspended CID director Joseph Kamau was kept
in the dark on the progress of investigations, but said through his
lawyer yesterday that he too had not found it necessary to testify.

The commission has also been told of the brothers’ association with
a Mr Pattni. It was not made clear which Mr Pattni the two Armenians
may have been dealing with, but Goldenberg architect Kamlesh Pattni
sent a lawyer to the inquiry with instructions to distance him from
the brothers.

Opposition leader Uhuru Kenyatta, who publicly stated that he had
information that the Artur brothers had visited State House in February
this year, did not offer this information to the commission.

And when Internal Security minister John Michuki – the man said to
have ordered the brothers’ deportation – took to the witness stand
yesterday, he told the inquiry that the bogus brothers were deported
in the public interest.

Mr Michuki said he ordered police chief Ali to ensure the two were
arrested immediately after he learnt of the rumpus at JKIA.

"I ordered him to commence action in arresting the Armenians," Mr
Michuki said.

He said Maj-Gen Ali telephoned him at around 4am on the morning of
June 8 and told him of the arrests and, after consultations later
that morning, it was resolved that they be deported.

Mr Sargsyan, Mr Margaryan and two others were kicked out of the
country on June 9.

"That was the best action to be taken at the time," Mr Michuki said
as he was being led in his evidence by Ms Oduor.

Mr Michuki, the inquiry’s 79th witness was giving evidence at
the hearings being chaired by Mr Shedrack Kiruki, a former police
commissioner, at the Kenyatta International Conference Centre.

The minister, who said he took his responsibilities seriously and
acted independently, added that his instructions to have the Arturs
arrested and deported were followed to the letter.

Mr Michuki who spent 15 minutes on the witness stand said he was
first told of the airport melee by Cabinet colleague Mukhisa Kituyi.

He said an upset Dr Kituyi telephoned him between 8.30pm and 9pm on
June 8, saying the Armenians had assaulted a custom’s officer and
a policeman.

The Trade and Industry minister also handed his cell phone to the
policeman who confirmed to Mr Michuki that he had been pushed and
assaulted by the Armenians, and then gave the minister further details
about the incident.

"He did not give any impression that he was scared. He spoke normally
and confirmed what Hon Kituyi had said," Mr Michuki told the inquiry.

One of the Armenian brothers, Mr Michuki said, drew a gun during the
airport scuffle.

The minister said nothing had been referred to him concerning the
Arturs before the June incident apart from a question in Parliament.

Asked by lawyer Ashitiva Mandale for the suspended Kenya Airports
Authority deputy managing director Naomi Cidi why the Arturs were
not arrested and charged in court, Mr Michuki said the deportation
was just one of the Government’s options.

Ms Cidi, who has been accused of smoothing the way for the Artur
brothers, has yet to testify and may be offered an opportunity to do
so tomorrow, if she wishes.

Mr Michuki said: "There were a number of options; doing absolutely
nothing, going to court or deportation. It is my conviction that
the Government was free to take the option that served the public
interest."

Dr Kituyi, who appeared before the commission last month said he had
just landed at JKIA from an overseas trip moments after the Arturs
had beaten a custom’s official and pushed a policeman.

He said he immediately telephoned suspended the CID chief Joseph
Kamau, Mr Michuki and later Justice minister Martha Karua over the
issue and demanded action.

Dr Kituyi said the scuffle embarrassed the country internationally
and threatened talks with the US whom he had hoped would start direct
flights from JKIA to the US.

From: Emil Lazarian | Ararat NewsPress