Court slams Kenya graft probe

2004-11-26 22:42

Nairobi - Kenya's High Court ruled on Friday that a judicial inquiry into Kenya's biggest financial scandal had failed to meet its mandate and ordered it to reopen hearings and call former President Daniel arap Moi to testify.

The court ruled that the government-appointed inquiry, which concluded hearings last week, had undermined its work by failing to subpoena Moi and others who faced corruption allegations.

Moi, who stepped down at the end of 2002, enjoyed immunity while in office, and it had been assumed he would not be investigated or prosecuted for widespread corruption during his 24-year rule.

The judicial inquiry had said his participation was strictly voluntary.

The inquiry's investigation centered on Goldenberg International Ltd, an export company which the Kenyan treasury paid hundreds of millions of dollars.

Money shared with Moi and other officials

The company was paid in false export compensation claims for selling gold and diamond jewelry abroad during Moi's rule. Kenya has negligible gold deposits and no diamonds.

The head of the company had said he shared the money with Moi and other officials.

A government lawyer did not say whether he would appeal against the ruling challenging the work of the inquiry, which has yet to make its report.

It was also not immediately clear if the high court judgment against the inquiry was binding.

Friday's judgment was a response to a petition challenging the inquiry's effectiveness, which was filed by former a member of parliament and seven members of the public.

Their petition was filed on September 30, before the inquiry ended its public hearings on November 18.

- AP