Kenya's ex-VP off the hook

2006-07-31 21:03

Nairobi - A former Kenyan vice-president escaped prosecution on the country's biggest corruption scandal on Monday, when a court ruled he could not be charged in the $1bn (about R6.63bn) Goldenberg affair.

Vice president when the case emerged in the 1990s, George Saitoti quit as education minister in February after a commission of inquiry probing Goldenberg recommended he be considered for prosecution.

The resignation, coupled with the departure of two other ministers over alleged links to another graft scandal, dealt a severe blow to President Mwai Kibaki's government, which swept to power in 2002 vowing to root out corruption.

"We... have come to the conclusion that the applicant has established his case for orders to bar the AG (attorney-general) from prosecuting and charging him on Goldenberg-related cases," three constitutional court judges said in a ruling.

The judgment also pointed out that Kenya's attorney-general cleared Saitoti of wrongdoing in parliament 11 years ago, casting doubt over whether he could face the same charges again.

The Goldenberg inquiry, commissioned by Kibaki, said that as finance minister under former President Daniel arap Moi, Saitoti approved millions of dollars in payments to the mastermind behind the scam, businessman Kamlesh Pattni.

State funds looted

Saitoti has repeatedly said he is innocent.

Six men, including a former central bank governor, have been charged on the Goldenberg case, in which state funds were looted through bogus diamond and gold exports.

The trial is seen as a test of Kibaki's commitment to end the graft that has crippled east Africa's biggest economy for decades.

However, Saitoti's courtroom victory is likely to fuel criticism that the trial, the latest attempt in 12 years to prosecute the case, is little more than a public relations exercise leaving political heavyweights untouched.

Saitoti said: "Today marks my happiest day in the last 16 years because during that period I have gone through much pain and suffering."

"I want to tell all Kenyans that I bear no bitterness or any grudge against anybody."

Threat of prosecution removed

Analysts said Monday's ruling might set a precedent for others facing prosecution on other corruption cases.

"I think it will be quoted by others who are also facing charges in connection with the Goldenberg scandal," said Macharia Gaitho.

With the threat of prosecution removed, Saitoti may even return to a ministerial post.

"He has never given up on his ambitions to run for president and he will probably start evaluating his options now.

"He will again become a factor on the political scene," said Gaitho.

- Reuters