Kenya: Corruption Commission Warned Former Minister Over Car Imports

Jillo Kadida

15 June 2011

Nairobi — Former Industrialisation minister Henry Kosgey was warned by the anti-corruption agency to discontinue the importation of old vehicles, a court heard Wednesday.

A witness informed the court that Kenya Anti-Corruption Commission director PLO Lumumba wrote to Mr Kosgey informing him to stop further exemption of vehicles which do not comply with the eight year rule.

In his letter, Prof Lumumba said Kacc was investigating how these vehicles were imported into the country when the law says those exceeding eight years since manufacture should not be allowed in.

The law, however, gives the minister powers to exempt vehicles after consulting with the national standard council and if there is public interest behind it.

On Wednesday, the court was told that Prof Lumumba in his letter dated July 30, 2010 informed the former minister that the commission did not see any public interest in allowing the importation of the vehicles in question.

The witness Abdi Ahmed Mahmoud who referred to Prof Lumumba’s letter was testifying in a case in which Mr Kosgey is accused of using his office to improperly exempt individuals and companies importing 113 vehicles that did not meet Kenya Standards Code of Practice for Inspection of Road Vehicles.

According to the code of practice, the importation of vehicles more than eight years old was outlawed except those of government interest, vehicles for the diplomatic corps or those brought in by returning citizens.

The court heard that Prof Lumumba indicated in his letter to the former minister that the decision to allow importation of the vehicles was in violation of law because the national standard council had denied any consultation.

His letter came after Mr Mahmoud sent a memo to him complaining how investigating officers looking into the matter have not been able to reach the former minister.

Mr Mahmoud who is principal officer in charge of Kacc offices in Mombasa said he had asked the Kenya Revenue Authority not to clear vehicles because of on going investigations.

However, he said, the vehicles were released by KRA on the basis of exemption by Mr Kosgey.

Earlier in the hearing finance Permanent Secretary Joseph Kinyua took to the witness box to testify against Mr Kosgey.

Mr Kinyua said he was informed by KRA that there were vehicles imported into the country which are more than eight years old.

And following this, he said, he wrote a letter to his colleague at Industrialisation Ministry Dr Karanja Kibicho.

In his letter, Mr Kinyua informed Dr Kibicho that the matter raises concerns on whether the government is serious on restrictions on importation of old vehicles.

He further informed Dr Kibicho that the government has no option but to restrict their importation.

The hearing of the case resumes on July 6.

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