Government in dilemma over Moi role

Earlier hopes in Kenya that the new National Rainbow Coalition (NARC) government was likely to bring to book all those that had been involved in economic and political crimes as part of the fresh beginning, is hampered by what is emerging as the fear to go after the immediate former president Daniel arap Moi.

The dilemma NARC finds itself in, is evident in the mixed signals that have been emanating from top government officials over how exactly they want to deal with the 79-year old former president, who ruled Kenya for 24 years, and who till his retirement in
December 30 last year, had been in the Kenyan political mainstream for 48 years.

The question, in the minds of observers, is how NARC will wriggle itself out of pre-election promise to prosecute Moi and his associates, even as the former head of state continues to be mentioned in virtually every investigation as having been the source of authority behind some of the key economic crimes that had grave negative impact on the economy.

While the president Mwai Kibaki-led government declared on its takeover from the former Kanu government that there will be no "sacred cows", it is increasingly emerging that the former president and some of his coterie might go scot free, despite being seen to have presided over 24 years of plunder of national resources and economic sabotage against those he perceived as threatening his hold on power.

On the one hand, the minister in charge of justice and constitutional affairs, Mr Kiraitu Murungi, officially declared two months ago -contrary to earlier expectations-that the NARC government does not intend to prosecute the former president "owing to respect accorded to the position of former president".

He, on the other hand, maintained that Moi's mistake during his two and a half decade rule must be pointed out, raising questions as to why a government should spend colossal amount of tax payers' money to merely "point out" wrongdoers.

What is emerging, however, is that Moi's political clout is still too strong for the seven-month old NARC government to aim a straight jab at him. Further contradiction is provided by the fact that the government is currently considering establishing a South African-like, Justice, Truth and Reconciliation Commission, ostensibly to act as a forum for national healing from the atrocities of the previous regime, which in principle could be contradictory to the ongoing process of prosecuting past offenders.

Still, the government continues with its war against corruption where a number of those who held high positions are being arraigned in court, besides the judicial commission of inquiry into the runaway Goldenberg scandal in which the Kanu government is believed to have paid out Ksh 19 billion ($253million) in export compensation for gold and jewellery believed to have been fictitious.

Prior to assurance by Mr Murungi, signs had emerged that the government had backtracked on its earlier insistence that the former president had to record statements with the police in regards to continuous mentioning of his name in a number of scandals, especially the looting of the collapsed Euro Bank.

While Moi has maintained through his lawyers that he is innocent of any offence during his tenure, the issue was put a notch higher when a group of MPs from Moi's Rift Valley province, threatened to take extra-constitutional action-including unleashing civil war-should the government proceed with what they perceive as "hounding" the retired president.

Notably, Moi still wields considerable political influence that could be harnessed to create political instability should there be a trace of political vendetta against the former president.

Though the threats of civil war appear remote, keen observers of Kenya's political scene believe that NARC's inability top move against Moi, has more to do with his past association with president Kibaki, who served as his vice-president for ten years from 1978 to 1988.

There are also talks that some powerful NARC ministers are looking up to some loose alliance with the former power barons as the division over power sharing within the 15-member coalition widens.

Sources close to the government disclosed that most of those currently under investigations are pointing their fingers at Moi, even as there are possibilities
that certain individuals capitalised on his then awesome power to cut deals for their own benefits under the guise of working for Moi.

Thus, it appears, any moves against Moi are likely to be cosmetic mainly intended to appease a section of the 15-party conglomerate who would like to see Moi punished not only for the harm he might inflicted against them, but to act as a deterrent for future leaders not to abuse their offices.

What is clear though, is that the NARC government has to manage a delicate balance between treading carefully to avoid political repercussions that will come with its decision to put Moi on trial, or risk the chance of losing public faith by going in circles against the Moi question.

Part of the problem emanates from the fact that some of the individuals perceived to have been involved in crimes against humanity, such as high-level corruption and politically instigated ethnic clashes, are currently occupying high positions in the new government.

The issue now is whether those currently in government-some of whom have been fingered for engaging in untoward activities such as illegal importation of sugar-will have the high moral ground to prosecute Moi and his associates without damning part of its membership in the process.

The argument the Moi defenders have been advancing is that all the cases of corruption must be investigated from 1963 to 1978 during the reign of the late president Jomo Kenyatta, for the process to be seen as impartial.

Still, the question now is whether the new government has the political will to go after Moi and his former associates in a manner similar to the former Zambian president Frederick Chiluba, who is currently facing trial over economic crimes committed during his ten -year rule.

While the Zambian parliament had to vote to repeal constitutional immunity to allow the prosecution of the former head of state, Kenyans are divided over their interpretation of Section 14 of the constitution that protects a sitting president from criminal or civil proceedings.

However, indications that NARC might not go full throttle against Moi and his associates, has not prevented the group from taking contingency measures for any eventuality.

As a result, those under scrutiny, are said to be reorganising their local and international enterprises, especially shifting their moneys in foreign accounts mainly to the Middle East and South Africa, while at the same time setting up trusts all over the world.

Government sources say that most of the monies that amount to billions of shillings are mainly held in Switzerland, Monaco, Cayman Islands and the Isle of Man.