The Nation, Kenya
July 8 2006
Winnie sends lawyer to represent her
Story by LUCAS BARASA and MUGUMO MUNENE
Publication Date: 2006/07/08
Narc activist Mary Wambui’s daughter, Winnie Wangui, has sent a
lawyer to represent her in the Kiruki commission on the Artur
brothers.
Dr Gibson Kamau Kuria, who was a prominent figure in the Goldenberg
Inquiry, however yesterday also appeared to fight a case for State
House and suspended Kenya Airports Authority boss Naomi Cidi while
cross-examining a witness.
Last week, the commission had directed that lawyers appearing for
various clients to restrict themselves to the issues touching on
those who hired them as opposed to enjoying unlimited
cross-examination.
The commission did not, however, refer Dr Kuria, who appeared for the
first time yesterday, to the ruling.
Dr Kuria’s adds to five the number of lawyers representing various
institutions and individuals at the Kiruki Commission. They include
Ms Jane Ondieki for suspended CID director Joseph Kamau, former
director of public prosecutions Philip Murgor for the Kenya National
Commission on Human Rights, Mr Ashitiva Mandale, for Ms Cidi and Mr
Mugambi Imanyara, for businessman Kamlesh Pattni.
Dr Kuria’s appearance means that Ms Wangui has been warned by the
commission that she should expect to be mentioned in bad light. She
may also choose to appear in person to rebut negative evidence as the
commission strives to unravel the Armenian brothers’ saga. Leading
counsel Dorcas Oduor said she had been served with adverse notice
warranting her representation.
One of the Artur brothers Margaryan – had confessed falling in love
with Ms Wangui and had appeared publicly with her a number of times
before his June 9 deportation.
Ms Wangui has also been linked to Kensington Holdings, associated
with the Artur brothers.
She has never denied media reports linking her to the company. The
State House has in the past released a statement seeking to distance
her from President Kibaki.
The statement said that her second name was Wangui, not Mwai.
Yesterday, Dr Kuria, who also applied for the commission to supply
him with all witnesses statements implicating Ms Wangui before they
appeared before the team to enable his client prepare her defence
adequately.
It was a case of the boot on the other foot. While at the Goldenberg
commission serving as assisting counsel, Dr Kuria often engaged in
heated exchanges with lawyers representing various clients who wished
to have witness statements supplied in advance.
Yesterday, Ms Oduor offered that the general nature of evidence
adverse to various people would be supplied but argued that actual
statements would prejudice the inquiry.
Mr Kiruki said his was an investigative commission and not a trial
and assured all those mentioned adversely of fair treatment.
Kuria: I wish to apply for leave to appear for Winnie Wangui who is a
concerned person within the meaning of the Commission of Inquiry Act.
I know from the commission’s rules where a person has been mentioned
adversely, he or she is entitled to be represented.
Kiruki: You are welcome.
Kuria: Much obliged.
Oduor: We also want to confirm that we did send adverse notice to his
client.
Kuria: Your honour, I wish to apply for an order that I be supplied
in advance with statements that touch my client. The reason is that
the Commission of Inquiry Act observes rules of natural justice that
makes it quite clear that a person must present himself or herself.
For my client to defend herself she would like to have in advance
copies of statements so that she can adequately prepare.
Oduor: I wish to reply. I do agree that the commission had undertaken
to observe the rules of natural justice but I also like to indicate
that under our rules, our obligation is to notify the person being
mentioned adversely that that person is likely to be adversely
mentioned during the proceedings of this commission. Secondly, we are
required to give the general nature of the evidence. An application
to have in advance statements about the witnesses that touches on
somebody’s client may not be practical for two reasons. It will
depend on whether or not we have that statement, secondly, it will
depend on nature of evidence.
Lawyers Mandale and Ondieki also complained that the commission did
not give them statements provided by witnesses in advance so that
their clients could adequately prepare to rebut the evidence. Mr
Mandale said his complaints have been futile.
A video clip of Mr Margaryan and Mr Artur Sargsyan when they stage
managed a press conference at Jomo Kenyatta International Airport was
also played yesterday.
The clip, from a local TV station, captured KAA security officer
David Bosire opening the doors at one of the arrival gates to allow
the brothers slip through, then re-emerge as press cameras recorded
their sudden appearance.
During the conference, the Armenians said they knew Mwingi North MP
Kalonzo Musyoka and Langata’s Raila Odinga and that they had
transacted business with them.
They said they had given the LDP leaders money to bring down the
Kibaki administration and denied being hit-men for hire.
Mr Bosire however had a difficult time explaining why he agreed to
stage-manage the Arturs purported arrival from Dubai and allowing the
conference to be held at government VIP lounge and not the Kenya Duty
Free Shop as had earlier been indicated.
Mr Bosire stood his ground that it was Ms Cidi who authorised the
conference and rejected Dr Kuria’s demands that he apologises for
saying so.
Dr Kuria further asked him why he did not verify claims by a Mr
Julius Maina, who helped arrange the conference, that he was from
State House. Mr Bosire said he did not investigate whether Mr Maina
was from State House because he had a KAA pass.
Dr Kuria accused Mr Bosire of lying to the commission adding he might
have allowed the Artur brothers to hold conference at VIP for fear of
journalists.
Ms Oduor took issue with Dr Kuria for making Mr Bosire repeat
evidence given before the commission on Thursday saying the lawyer
should concentrate on issues touching on Wangui.
Dr Kuria however said he had to look into every aspect of the
proceedings.
Kiruki: Dr Kuria, I know that you are disadvantaged because you were
not here yesterday. I think the leading counsel is concerned because
the witness is going back to the evidence that he gave yesterday.
Kuria: There is a very important issue of principle involved here.
This witness yesterday said that this person (Maina) came from State
House from my cross-examination of this morning he says he never
established this. Is the commission interested in the truth or it is
interested in the statement that was given yesterday. That applies
with equal force and the next question I’m asking, Mr Bosire can you
explain to the commission how the venue of the press conference was
changed from the duty free to the VIP lounge.
Bosire: Immediately we left the Kenya Airports Authority
headquarters, I met Mr Wanyonyi (Mr Bosire’s former security boss)
and other people. There were around three people outside the lounge
and we were with Mr Omita. Mr Omita asked Mr Wanyonyi to stage-manage
the arrival of the guests because as we came back we found the flight
had touched down and guest had left the aircraft and were in the
Kenya Duty Free lounge. Mr Omita asked Mr Wanyonyi to stage manage
opening of the gates so that the press can cover the arrival. Then Mr
Wanyonyi instructed me to look for the man who had the keys for the
gate. I looked for the man and came and opened the gate. As you saw
in the video I led them inside and they came out as I was left
behind.
Kuria: You heard with your own ears Mr Omita asking Mr Wanyonyi to
stage manage the press conference.
Bosire: Yes, my lords.
Kuria: Did you think that that was correct as a security officer?
Bosire: No.
Kuria: Did you tell any other officer that there was a plan to
stage-manage the conference?
Bosire: I was with my boss.
Kuria: You didn’t consider it wise to talk to a higher boss than Mr
Wanyonyi.
Bosire: When you are dealing with a sensitive issue you don’t go on
speculating information and you have your own boss who could brief
the seniors.
Later, Mr Daniel Owiya, security manager at Panari Sky Centre was led
in his examination in chief by assisting counsel Warui Mungai.
Below are excerpts.
Mungai: What are your duties?
Owiya: Am in charge of the entire security, both internal and
contracted.
Mungai: What happened on June 8 this year?
Owiya: I reported on duty at around 9.30 and I got a brief of what
had happened the previous night. All was well until about 3.30pm when
our of our guards alerted me that a sensitive guest by the name Artur
Sargsyan had arrived. I was on my third floor office. The guards
recognised him. The rule is that if a VIP or sensitive guests or even
repeat clients come, they have to alert me.
Mungai: Where does Sargsyan fall?
Owiya: We had met his group before and we had some commotion with
them and we had to mark them. We do that so that when they come
again, we alert our bosses.
Mungai: You were told that they had arrived?
Owiya: At 3.30pm, the first foreign registered vehicle came in. The
registration was UAE 1227, and the make was Toyota. They told me that
Mr Artur was the one who had come in with the vehicle. They had been
issued with pass number 020. I asked the doorman if he was aware what
direction the man went. I was informed that the client had gone to
the second floor where we have the food court, the ice skate, the
cinema halls, the casino and the restaurant. I went to the Al Persia
Restaurant, the North American one and found Mr Sargsyan there.
Mungai: What happened then?
Owiya: I went back to my duties and confirmed that I had seen the
person they had spoken of. At around 4.20 pm, I was alerted that
another vehicle had come in. I went down and confirmed that Artur
Margaryan had come in driving UAE 1276, followed by what looked like
a Volvo. The other vehicle had people known to us as their security
people. We recorded the numbers in our register and we gave disks to
them. When they left the main gate, they went to the front parking,
which is always reserved. When the guard attempted to show them where
to park, Margaryan and the bodyguard came out of the vehicles and
removed the parking notices. They then proceeded to park. They pushed
off our bodyguards and went upstairs.
Mungai: Did you get the information at that particular time?
Owiya: I got it after they had already gone upstairs. We have
instructed our guards that they should not fight with clients. We let
them do whatever and then talk to them. From the parking they went to
the ground floor to take the lift. The lift came from the basement.
Margaryan and his bodyguard removed the occupants by force. They then
took the lift to the second floor.
The guard and the people who were removed from the lift followed
them. The guard alerted me and I went to the second floor restaurant
to talk to them. There was a table occupied by the bodyguards – the
two black guys. The next table was where Sargsyan and Margaryan, a
man and a lady were sitting. I said hello to the first bodyguard and
told him they had taken a parking reserved for other VIPs. As I was
talking to him, the other bodyguard stood up. Before they spoke
again, Margaryan stood up and asked; what is it? I told them that one
of the parking slots they had taken by force had been reserved for
VIPs and if they could go and remove their vehicle. Sargsyan took the
key and along with one bodyguard, we took the stair case to the
parking. There was a GK Land Rover parked next to the gate. It is
used by the GSU patrolling that road. I don’t know how he noticed
them but then Sargsyan asked, "who are these people?" At that time,
two officers came out of that vehicle but I waved at them and stopped
them. I told Sargsyan that those were government officers. Then he
asked me; "you want to know who I am?" He removed a police
identification card, showing that he’s a police officer.
Mungai: Were you able to see any other details?
Owiya: No. He’s a very rough man. They are very rough people. He just
flashed it. As we were walking, the bodyguard ask me; those are
policemen? I said yes. He also flashed his card and I was able to
read that he was an Inspector of Police. When I sought to look
closer, he told me, "no, no, no, it’s not important."
The bodyguard also showed me a pistol. I told him that the place is
secured by people who were armed just like he was but I told him that
I didn’t believe that he was a policeman.
Mungai: Did you talk to the officers who were approaching?
Owiya: I stopped them because I thought the guards had alerted them
but this was not our first day with these people. I went back to the
building and reported to the management what had happened and that I
had sorted it out.
Mungai: Were you told anything else about those men?
Owiya: They left at about 6.30pm. When they were leaving, the guard
on the second floor alerted me. I went downstairs and saw them go to
their vehicles. I followed them. Margaryan then turned and said; I’m
surprised that someone is here to challenge me. The Land Rover was
still around because I had asked the GSU officer to wait, in case of
eventualities. They went off into Mombasa road.