Press Statement By Senator Kipchumba Murkomen – February 24th 2016
I have seen, through Social Media, an affidavit that has been attributed to former Cabinet Secretary, Anne Waiguru and I wish to state as follows:
At the material time stated on the affidavit, Ben Gethi approached the Law Firm of Sing’oei, Murkomen & Sigei Advocates for representation at the formative stages of the NYS investigations and in due course he moved on to other law firms. As lawyers, we are sworn to provide legal services to anyone that comes to us. Constitutionally, everyone is entitled to legal representation and is presumed innocent, until proven guilty, including the former CS herself.
I wish to also make it clear that at no time was the law firm Sing’oei, Murkomen & Sigei Advocates a contractor or supplier of NYS.
At no time did I threaten, intimidate or harass any public officer or civil servant. I’m also not aware of any police report that has been filed to indicate that I threatened anyone in the course of executing their duties.
For the record I was not part of the group that is claimed to have been orchestrating her removal from office. Her insinuation that I was also part of her impeachment proceedings could not be further from the truth.
The questions raised by Ms Josephine Kabura are immense, weighty and of great public interest and out of respect for the people of Kenya, they require straight and honest answers. These smoke and mirrors side shows trying to politicise the issue will not help in the quest of truth and accountability.
Ms. Waiguru should stop resorting to diversionary tactics and pitting the coalition partners against each other. That will not work as we are above that.
Thank You.
Senator Kipchumba Murkomen
Deputy Majority Leader, The Senate

Let me say something that will attract the worst Matusis here. You are free to ask the admin to block my membership. For your benefit, I come from central region of our country.This is irrelevant information It may not be relevant to you but it is to some.

Waiguru has been consistent throughout. She first indicated that no money was lost because they had successfully stopped the payments that are indicated in Harakhe's Letters. When the CID was investigating the issue of who had stolen Harakhe's Passwords they discovered that actually, there were some payments that had already been processed and paid out. That is when she came out and said, "Yes, I thought we had stopped the payments but in the course of investigating how Harakes password was stolen the CID discovered that there was money that had already been paid out".
By the time the CID finally traced the bank account of Kabura, the accounts had been cleaned to zero most of it withdrawn in cash.-What I'm pondering on is
1. How over Kshs 791M was withdrawn over the counter without BFIU raising an issue over a period of 4 months? Please know how BFIU operates. They are not bank Managers. They only investigate when an issue is reported to them. Your question should be put to the banks that were involved and to central bank.
2.How Harakhe's password was stolen, I would have believed him if he claimed it was hacked. Have you read his letters to Waiguru that accompany her affidavits? If you have, you should not be asking this.
3. How does the government make payments? Does each ministry have a bank account where they make payments from or all ministries forward their payments to treasury for payment?If the ministries make payments from their own accounts, how is it possible that over kshs 700M was paid without no one at the ministry noticing only for an outside(CID) to come and tell them of the already made payments? Waah. Again, if you read Harake letters, you will realise how much rotten the whole system was. He was a lone ranger. The banker to government is the CBK and yes, after some time they asked some questions. Please familiarise yourself with how a large corporation works and how government system works. This is the misinformation that so many people have and assume that every single payment passes through the CS. The CS has no business handling payments. CS is policy issues. I am an accountant. Talk to an accountant who has worked in a large organization or a senior government accountant and you will realise that money can be stolen without the CS having a hint about it. Just because Raila said it was Waiguru does not make it true.

Where does Raila come in? I believe Raila did not at that time have the fine details of who was involved and he was not even 100% sure if money was stolen and if stolen, by who. In any case, he was more interested in scoring Political Points. But it was good he helped put pressure. The problem that we have is that we believe Politicians 100%. True the pressure helped but the target was misplaced. If today Raila stood up and said he was wrong and Waiguru's version is the correct one, Waiguru will become a Hero instantly .... but maybe he will not. The risk of acknowledging a mistake is that we may not trust him in the future.-Any serious opposition will always want to settle political scores or political punches by claiming/proving that the incumbent government is not capable just like the chapanese govt of UK

How will Raila respond going forward now that it appears that he was blaming a more junior CS and there is an opportunity to go for a bigger Kill i.e the DP and the House Majority Leader. He will weigh his options and decide what provides him with more political killer blow and advantage.How do you know wamayuu is safi kama pamba?

Harake is actually they guy who messed all the thieves. The only support he got was from Waiguru.-How do you know this?

Was the President aware of Harakhe and Waiguru's side of the story. I cannot say at what time he became aware of it but it is almost certain that by the time Waiguru resigned, the President had been given all the details by none other than Waiguru. What did the President do? Just like Kibaki in the Githongo issue, the President most likely hoped it will die away. In any case, he knew he was in power with the help of the other coalition that was being accused.-The president is or rather should always be aware if at all our NIS is working since this kind of fraud/corruption is a threat to National security and stability

Many people feel for Uhuru because they believe he is clean.
The question is, if it has always been public knowledge about the thieving ways of the leader of that other coalition, why did he team up with him? Is he like him or was he too desperate to become President?-Who are many people?, please exclude my family, Martha Karua and myself from that uninformed generalization You would have been included if I had said All Even if you are excluded, people remain many. This is the problem you have. No attention to details which clouds your Judgement.

Back to Raila. If he is Mr Clean, why did he also team up with the Rift Man at one time when he already knew his ways? Why is it that when the Kaazi kwa vijana scandal came to light, he asked that it be investigated by the efficiency monitoring unit a department under him while he demands that he can only accept a report from a private external audit firm? On the issue of a private external audit firm, I actually agree with him but I hope he would be consistent.-Why and how are you blaming Raila, blame the weak opposition at the time, Raila as with any other politician was just looking after his personal interests This is not a Political write-up. This is a factual piece.

Which affidavit should we believe, Waigurus, Kaburas, both or none? Let's first get it that these affidavits have been filed in a civil matter not a the criminal case. The EACC will investigate the contents and test each of the affidavits. No one is going to be jailed just because there is an affidavit with no backup. The contents of these affidavits will be tested and I have a feeling Kabura's would have nothing to back it up with .... So Waiguru will not be convicted on the NYS issue as we may want because the fact is she was never involved. We will get angry with the EACC, CID etc... in any case, our politicians will tell us so. We will disband EACC, change the people who investigated etc. The kaburas, and team might be convicted but not the main players i.e the Politicians - they covered their tracks well.-If you are going to believe one affidavit, then it's only fair that you believe all affidavits and vice versa; otherwise enjoy the comedy and save your 50 bob money you would have spent on movies This is not a comedy. Our tax money is being stolen and you just call it a comedy?

In this deal, Waiguru and Harake are the spoilers. Kabura, Gethi and team are the fronts and they have the backup of the real players (Politicians) who are getting over 70% of the loot.I think it's wrong to accept one affidavit as the truth over the other.In my opinion, all these are just sharks eating each other(I could be wrong but I'm not) If you have read both affidavits (not as reported by press reports, and you are a person who is attentive to details, you will for sure know that there is no way both affidavits can be true. At least one of them is a lie. Considering all the facts, I consider to believe Waigurus. That is the one that I feal can be backed up with Telephone records etc

Only civil servants, the Gethis, Kabura, may be convicted. We will definitely be asked by out politicians to demand the blood of CID officers and EACC officers who investigated this for doing their Job as required. Kabura's affidavit will be cited to accomplish this notwithstanding that it is inspired by the political establishment to punish those who caused all this to happen to them. Of course there will be no evidence to convict the CID and EACC guys because no wrong was done but because of public pressure, they will be told to leave their Jobs. Come 2017, we will be fighting to determine which tribal team we feel comfortable robbing us while calling them our saviours-This is the comedy I keep talking about, If you want to know how political cleansing happens read "Its our time to eat", soiled politicians become safi kama pamba using our tax funded institutions The mistake Waiguru and Harakhe did did is not playing ball. They did not know how the system works. That those positions are for eating.

Because of this, we will keep inviting or being invited by our struggling friends and relatives to medical fundraisers because we like it when our tribemate politicians steal what the government should have paid for our medical cost.

My attention has been drawn to wild allegations in a sworn affidavit by former CS Anne Waiguru that political actors including myself could have attempted to aid in the pilferage of public funds at the National Youth Service.

May I observe as follows;

That where as Ms Waiguru has the freedom of expression; it is immoral to try to divert the public attention from the compelling pressure to account for the loss of sh791 million shillings stolen under her watch.

The matter is about loss of public funds and so she should provide any iota of evidence to the investigative authorities and I will respond.

I also remind her that you do not become clean by trying to blacken innocent fellows.

While she does not expressly say that I benefited from the loot, Ms Waiguru alleges than I advised a director at the NYS by the name Adan Harakhe to be careful in handling transaction at the parastatal. Granted, I would have advised any officer at NYS to keep watch over public coffers. The same is true of any other public servant and so the insinuation that I could have wanted to influence a decision or two is spurious.

I see an attempt by this affidavit remote as it is to rock the ruling coalition by carefully and mischievously picking on key figures from one side of it, something Jubilee cannot fall for, we trust she can do better than that.

She had better stop playing games with the theft of public funds in false hope that those who stole will go scot free.

Like has continually been demonstrated by President Uhuru Kenyatta and his Deputy William Ruto, Jubilee is committed to the fight corruption and will not shy away from asking even those from amongst its ranks to account for every penny lost under their watch.

Ms Waiguru should stop these theatrics and carry her own cross in so far as NYS scam is concerned.

Any attempt to malign my name will be robustly countered. On the same dint, I ask her to provide evidence of all these claims or else I will sue her.

Hon. Aden Duale, EGH, MP
Leader of Majority Party