The Nation, Kenya
Aug. 12, 2006
Armenians were criminals: State
Story by MUGUMO MUNENE
Publication Date: 8/12/2006
The "Artur brothers" were international criminals who came to Kenya
to clean up illegal money, an inquiry heard yesterday.
Commissioner Horace Etemesi receives a document from Mr Simon
Wasilwa, a commission official, during yesterday’s sitting. Photos by
Joseph mathenge
They hid their trail by engaging only in cash transactions to
disguise the suspect sources of their money and with the intention of
clouding out possible investigations into their activities, the
Kiruki Commission was told.
"We should not downplay the issues that have come out of the inquiry.
Tax evasion is a serious crime that is highly penalised in many
countries around the world. I can see a perfect case of money
laundering and the avoidance of immigration laws. I can see a perfect
example of organised transnational crime," Ms Dorcas Oduor, one of
the counsel assisting the commission, said yesterday.
Money laundering – the art of taking money acquired through crime and
turning it into clean money by disguising its illegal origin – is
regarded as a serious crime in many countries around the world but
Kenyan laws do not treat it as such.
Ms Oduor submitted that it was clear from the evidence that "there
was something in the offing" as she rounded up the conclusions handed
in by lawyers on the final day of the inquiry at Kenyatta
International Conference Centre in Nairobi yesterday.
She urged the commission to recommend that the police and the
National Security Intelligence Service be equipped with modern
technology to increase their efficiency in keeping up with
international criminals, "who keep on skipping countries".
The commission, chaired by former police commissioner Shedrach
Kiruki, sat for 28 days and received evidence, which was described by
vice-chairman Horace Etemesi in his final prayers at the last minutes
of the inquiry as "worrying".
So gross were the revelations about the Armenians that even Ms Winnie
Wangui, the Kenyan woman seen publicly with the taller bearded Artur
– Margaryan – had changed her mind about the banished "brothers".
And commissioner Etemesi, an Anglican bishop, prayed: "Help us, oh
Lord, to fear you as we make our decision fully aware that you are
watching and listening and that you care even for the small people in
our society."
In his submissions, lawyer Gibson Kamau Kuria, representing Ms
Wangui, said that her association with the Armenian was "similar to
any other association a person enters only to later ask himself or
herself how did I end up with that man or that girl".
Through the inquiry, the Armenians were described as dubious
international criminals, undesirable characters and their series of
shocking criminal activities during their nine-month stay in Kenya
exposed.
Stolen motor vehicles, fake numbers plates, fake passports, shadowy
identity, fake police identities, illicit firearms and ammunition,
forgeries, fraud, outlandish and arrogant behaviour described the
character and lifestyle of the Armenians, the commission heard.
At one time, they had even masqueraded as children of royalty,
claiming that they were from the monarchy in Armenia, a country which
has not been ruled by a queen or king for 1,500 years.
And yesterday, Ms Oduor wound up submissions to the commissioners
saying: "They had infiltrated many places including the police and
our security institutions. We should all condemn their activities and
not be party to them."
"A criminal mind is not a logical mind. A criminal is not a normal
person and will always try to be ahead of the law enforcement
agencies and make it difficult to be investigated. Our police tried
hard and did a good job," she said.
And Mr Alois Omita – named earlier in evidence as a co-director of
Kensington Holdings along with the Armenians, Mr Julius Maina and Ms
Wangui – denied any wrongdoing.
Also submitting her innocence through lawyer Ashitiva Mandale was
suspended Kenya Airports Authority deputy managing director Naomi
Cidi, who was accused of assisting the Armenians and their associates
to get security passes.
The commission closed the public inquiry without taking evidence from
certain business and social associates of the Armenians and police
some of the officers who had investigated the matter since March.
Commissioners Kiruki, Etemesi and Issack Hassan will now retire to
write a report, which must be handed over to President Kibaki by the
end of this month.
Police commissioner Maj General Hussein Ali who ordered
investigations into the Artur brothers ways back in March did not
testify and neither did suspended CID boss Joseph Kamau. Nairobi CID
boss Isaiah Osugo, the senior detective detailed by Maj Gen Ali to
investigate the brothers in March did not turn up.
Also missing from the appearances at the witness stand was Ms
Shirfana Alarakiya, the Kenyan lady arrested at the home of the Artur
brothers in Runda the night before they were spirited out of the
country.
Ms Wangui only regretted her association with the brothers through
her lawyer, protested her innocence and urged the commission to
recommend that she be reinstated but did not testify in person.
Ms Oduor explained that although the commission had served every
person mentioned in negative light with notices asking them to appear
before the commission, some chose not to.
The Commissions of Inquiry Act grant a commissioners powers
equivalent to that of the High Court powers to summon witnesses and
ask for records, documents or information they may deem necessary in
addressing their terms of reference.
Ms Oduor explained that the power to summon witnesses is however
limited by the constitutional provision that an individual testifying
in a court may not incriminate himself or herself.
She further explained that public officials who comes across
information touching on the matters in questions in the course of
duty can be compelled to give evidence, raising questions as to why
the police officers who investigated the Arturs or handled their file
were not required to attend.
The three commissioners – Mr Kiruki, Bishop Etemesi and Mr Issack
Hassan – will now retire to write a report which must be handed over
to President Kibaki by the end of the month.
From: Emil Lazarian | Ararat NewsPress
