ICC Prosecutor Supports Three-Pronged Approach to Justice in Kenya

Press Release: 30.09.2009

ICC-OTP-20090930-PR456

The Prosecutor of the International Criminal Court (ICC), Luis Moreno-Ocampo, reiterated today his resolve to address the post-election violence of early 2008 with the Kenyan leaders and to prevent recurring violence through a three-pronged approach: with the ICC prosecuting those most responsible; national accountability proceedings as defined by the Kenyan Parliament, such as a Special Tribunal, for other perpetrators; and other reforms and mechanisms such as the Justice, Truth and Reconciliation commission to shed light on the full history of past events and to suggest mechanisms to prevent such crimes in the future. “Kenya will be a world example on managing violence,” he stressed.

A high level delegation from the Government of Kenya met with Mr. Moreno-Ocampo in The Hague on 3 July 2009, when it expressed its government’s commitment to ending impunity for the crimes committed. The delegation also stressed that prosecuting the perpetrators of the crimes then committed was necessary to prevent new violence ahead of the 2012 elections. The Government of Kenya committed to referring the situation to the Prosecutor in accordance with Article 14 of the Rome Statute, unless the Kenyan Parliament could agree on a genuine national mechanism to prosecute those responsible for the crimes.

In the recent past, the Prosecutor has met on different occasions with members of the Kenyan Government, emphasizing that, with Kenyan leadership, these three tracks should complement each other.

Decisive consultations between the Prosecutor and the Kenyan principals will take place in the coming weeks. Justice will not be delayed.

The International Criminal Court is an independent, permanent court that investigates and prosecutes persons accused of the most serious crimes of international concern, namely genocide, crimes against humanity and war crimes. In February 2008, the Office of the Prosecutor announced that it was carrying out a preliminary examination of the situation in Kenya.

For Related Information and Links

For more information please contact:

Ms Florence Olara, Public Information Officer

+31 70 515 8723

email: florence.olara@icc-cpi.int

OTP News Desk

+31 70 515 8759

email: OTPNewsDesk@icc-cpi.int

Source: Office of the Prosecutor

Kibaki should catalyse reforms instead of protesting USA Travel Ban

The two conflicting views on travel ban coming from the President and the Prime Minister who are partners in the grand coalition government shows that one faction is for reforms and another ardent protectors of the status quo.

The two leaders must take full responsibility for failing to provide direction in the reform process instead of duelling on empty rhetoric.

If the Prime Minister is for reforms, he should avoid portraying himself as Mr. Clean, when he is part and parcel of the grand coalition government.

He should instead tell Kenyans and world what he has done individually to catapult reforms in the Country.

His recent speech in Harvard University, where he supported the USA’s travel ban on government officials convinced the world that it’s the government that is behind the delay to bring about reforms in Kenya.

It also showed a fatigued reform process and a disoriented government that lacks operational uniformity.

President Kibaki should also tell us why the government has failed to implement the reforms Kenyans desperately need to pave the way for smooth running of the country’s social, economic and political affairs.

The protest letter to Washington portrays Kibaki as a leader hell-bent on protecting few individuals and not the interests of the masses; the bulk of those who have been voting for him to public office for many decades.

We want him to focus on the wellbeing of the Kenyan people and their future but not the interests of power barons. It would have made sense if the President stated in the protest letter, the reasons for procrastinating reforms instead of just criticizing Washington’s travel ban on government officials.

Kenyans will support any external pressure if it will compel the government to implement the reforms the nation desperately needs. In fact, the USA has made a positive step and it will be fair if other Western powers especially the EU took similar steps.

The president his Vice, the Prime Minister and his deputies all should suffer the travel ban because its them who are in the seats of power but are impediments to the reform process.

Our leaders like being pushed from outside in order to implement reforms. It’s the pressure from outside that compelled former President Moi to accept the reintroduction of multiparty democracy in the early 1991.

Kenyans remember the activities of former ambassadors of Germany, Berndth Muzelberg and the late Smith Hemsptone of the United States in the reform process in Kenya.

Indeed, Kibaki and Raila were pushed externally to agree on power sharing as a result of former US Secretary of State; Condy Rice’s terse statement in Nairobi last year.

It’s sad that after one and a half years of the grand coalition government, the nation is still in limbo on meaningful reforms especially Agenda Four of the National Accord.

We are shocked on the president’s swift response on Washington’s ban on government officials when he is known to be silent on issues that require urgent response especially those that affect the lives of millions of Kenyans.

Why has kept silent on the Ringera circus as well as the trial of the Masterminds of post election violence and now wants to defend a few individuals in the grand coalition government who are likely to be personal non grata in the USA?

Finally, it’s imperative that Raila Odinga and Mwai Kibaki played pivotal roles to catalyse reforms in Kenya failure to which, we shall conclude that they are the biggest impediments to realize this end.

Joseph Lister Nyaringo,

USA, Georgia

World Bank freezes US$ 166 million funding for Kenyan projects

Nairobi, Kenya - The World Bank (WB) said Thursday it had suspended funding for two key projects, worth US$ 166 million, covering education, water and flood management in Kenya's western region, pending investigations into fraud and corruption, the bank said Thursday.

The Bank said the projects, including the Kenya Education Sector Support Programme (KESSP) and the Western Kenya Community-Driven Development and Flood Mitigati on Project (WKCDD), were suspended over corruption involving Bank staff and Kenyan officials.

'While we are disappointed to learn that project staff may be engaged in corruption in these projects, we are encouraged by the government's immediate respon se,' said Johannes Zutt, World Bank Country Director for Kenya.

'We are determined to have the problems fixed as quickly as possible, so that these projects can resume their important activities and bring to Kenyans the benefits that they were intended to bring,' he said.

The World Bank's support to the KESSP consists of an US$ 80 million credit that was approved in September 2006 and has disbursed about US$ 57 million to date.

The Bank's US$ 86 million WKCDD project was approved in March 2007 and has disbursed about US$ 20 million to date.

'The decision follows an announcement on Wednesday by the Government of Kenya that it had frozen the accounts of the two projects due to what an official press statement said 'appears to be fraud and corruption,' the Bank said in a stat ement Thursday.

Kenyan officials said full investigation into all allegations was underway. The government has also initiated a process of suspending about 50 project staff for alleged involvement in fraud and corruption.

Kenya Anti-Corruption Commission (KACC) is carrying out further investigations into the allegations.

The Bank praised the government for the action, saying the decision reiterated their pledge to use public resources entrusted to them 'efficiently and effectively for their intended purposes'.

The World Bank will also be undertaking its own investigation, which if they confirm fraud and corruption" lead to sanctions such as the debarment of companies and individuals engaged in wrongdoing.

The World Bank's investigation would complement Kenya's efforts to strengthen the fight against corruption and address governance challenges in development projects in the country.

Kenya has undertaken important financial management reforms over the past few years that have resulted in a much stronger audit capacity for its development programmes, the Bank noted.

The Kenyan Internal Audit Department (IAD) initiated its first-ever fiduciary review of all World Bank-financed projects in Kenya earlier this year, with support from the Bank.

Out of 25 projects and trust funds, five projects were assessed as having material concerns and selected for forensic review.

'Serious incidents of fraud and corruption were found in two projects,' the Bank said.

Kenya and the World Bank have been working together closely to tighten oversight of the entire Bank-financed portfolio in Kenya, which includes 16 national and five regional projects.

Nairobi - 24/09/2009

Pana

Kenyan parliament hailed for 'elbowing' anti-graft chief's re-appointment

NEWS - AFRICA NEWS

Nairobi, Kenya - Kenya's civil society organisations have lauded Parliament's move to annul the unilateral re-appointment of Justice Aaron Ringera as Kenya's Anti-Corruption Commission (KACC) Director.

Executive Director Harun Ndubi of HAKI Focus, a civil society organisation, said Thursday the move signified a new era in Kenyan politics where all leaders were held accountable for their actions.

Ndubi, commenting on Wednesday's historic move that saw Parliament, out to flex its muscle and assert its authority, nullified Ringera's appointment by President Mwai Kibaki, saying the move was illegal and noted 'I am sure that most Kenyans especially those in Parliament are very disappointed.'

The legislature, angered by Kibaki's failure to consult the KACC advisory board and parliament's approval as stipulated by the law, revoked the appointment Wednesday, saying it was an illegality.

It is the KACC advisory board that vets the law, interviews and forwards the names of successful applicants to the President, who in turn picks two or three most suitable candidates and forwards their names to Parliament for vetting.

Parliament would in turn pick the best and forward the same to the President for the appointment.

However, in Ringera's case, it appears Kibaki overlooked the advisory board and the Parliament and unilateraly re-appointed him as the anti-corruption body director, to the chagrin of the MPs, the civil society and event a section of the cabinet.

Ndub's sentiments were echoed by the Federation of Kenya Women Lawyers chair person, Patricia Nyaundi, who said the vote restored the confidence of Kenyans in the legislature.

'That is a statement that needed to be made, especially when we saw what had happened the previous day (Tuesday) that there had been horse-trading and there was the fear in the air that this one would be compromised and we would vote along ethnic lines,' Mrs Nyaundi stated.

'Those ones who stood to their positions must be commended,' she said.

MPs agreed with a joint parliamentary committee report, saying the President acted unprocedurally by overstepping the KACC Advisory Board and Parliament in the reappointment of Ringera and two of his assistants.

According to legal experts, Parliament cannot force the President to rescind his decision and the move only sends a strong signal of displeasure by MPs in the way the executive acted.

The only way MPs could have forced Justice Ringera out would have been to cut off funding to a KACC under him.

However, Finance Minister Uhuru Kenyatta forestalled such a move when he withdrew the Appropriations Bill which was slated for debate before the motion of adjournment was moved.

Earlier attempts by Ndaragwa MP Jeremiah Kioni and Assistant Ministe Peter Munya to bring an amendment to the report by deleting a section that called for annulment of the gazette notice that contained the reappointment were defeated by 86 votes to 45.

Pitching for the adoption of their report, chairpersons of the joint house committees on justice and legal affairs and delegated legislation, Amina Abdallah and Abdikadir Mohammed, said their recommendations should not be used as a supremacy fight between the two coalition partners.

In supporting the report, Defence Assistant Minister and Mwingi South MP David Musila said Ringera had failed in his work and as such his reappointment should be revoked.

Former Justice Minister Martha Karua also said the President failed to act procedurally in renewing Ringera's contract.

Karua blamed the Presidentâ?s advisors for misleading him.

Parliament is now on recess until 10 November.

Justice Ringera, a former High Court judge, has been judged by Kenyans not to be equal to the task.

During his five-year tenure, no top politician or tycoons fingered in mega scandals was hauled to court.

Instead, Ringera has been blaming the Attorney General, Amos Wako, accusing him of failing to prosecute the big fish.

The KACC can only arrest, investigate and recommend the charging of the graft suspects, it cannot prosecute as that is the responsibility of the attorney general.

Ringera insisted the anti-corruption agency under him did a good job, arresting and investigating the suspects before forwarding the cases to the AG.

Wako, however, argued that he could not prosecute due to lack of adequate evidence.

Kenyans argued that Ringera, who earns Kenya Shillings 2.5 million a month, higher than the President's monthly pay, is a liability to the country and cannot justify his fat pay.

Kenyans accused the President of impunity, wondering why he unilateraly re-appointed Ringera.

Nairobi - Pana

Sudan could owe south millions in oil revenue: report

Featured Broker sponsored link

By Skye Wheeler

JUBA, Sudan Sept 7 (Reuters) - Campaigners said on Monday they had found serious discrepancies in reports of Sudan's oil revenues which could mean Khartoum's government was underpaying its strifetorn south by hundreds of millions of dollars.

The findings by UK-based Global Witness could spark a political storm in Sudan, where relations between its Muslim north and mostly Christian south have remained tense since the end of their two-decade civil war in 2005.

Under the 2005 peace accord, both sides agreed to share the country's oil wealth, with the south receiving half the state revenues from the oil drilled from its territory.

Global Witness said it had found revenues from some oilfields published by Sudan's Ministry of Finance -- among the figures used to calculate the southern share -- were lower than revenues for the same oilfields published by operator China National Petroleum Corporation (CNPC).

No one from Sudan's Ministry of Finance or of Energy and Mining was immediately available for comment.

The study "raises serious questions about whether the revenues are being shared fairly," said a statement by Global Witness, a group which campaigns against conflict and corruption related to natural resources.

"Mismatches of this magnitude represent potentially massive sums of money."

Global Witness campaigner Rosie Sharpe told Reuters in an email the extent of the discrepancy varied from field to field and year to year "but is of the order of 10 percent".

The group's statement said a total undercount of 10 percent since 2005 would mean "the southern government would be owed more than $600 million."

TIMING SENSITIVE

Sharpe told Reuters the findings did not necessarily mean the Khartoum government was cheating the south out of money.

"It could be that it is the oil company that overstates the figures, although the figures do come from their annual report, an official publication of a multi-billion dollar company."

Sudan currently pumps some 500,000 barrels of oil a day, much of it found in the south.

The findings come at a sensitive time for Sudan, which has national elections scheduled in April 2010 and a referendum on southern independence in 2011. Any return to conflict would have a disastrous impact on Sudan and the surrounding region.

The south's former rebel Sudan People's Liberation Movement (SPLM) is part of the coalition government in Khartoum set up under the peace deal. But the SPLM has accused its northern coalition partner, the National Congress Party, of manipulating oil figures, particularly in contested border areas.

The Global Witness report titled "Fuelling Mistrust: the need for transparency in Sudan's oil industry" said researchers found a 9 percent discrepancy between government and company estimates for production in 2007 from Sudan's blocks 1, 2 and 4, run by the CNPC-led Greater Nile Petroleum Operating Company.

In 2005, Global Witness said there was a 26 per cent difference between government and CNPC reports for blocks 1, 2 and 4, combined with block 6, also controlled by CNPC.

The study found a discrepancy of 14 percent for 2007 figures from blocks 3 and 7, operated by the CNPC-dominated Petrodar.

It said it had not found significant discrepancies for oilfields in north Sudan, from which Khartoum does not have to pay revenues to the south.

Global Witness said there was also a lack of transparency in how Sudan's national government deducted money from southern revenues for pipeline fees and marketing costs. (Editing by Andrew Heavens and Andrew Roche)

WHO LOSES IF THE KENYA ANTI CORRUPTION COMMISSION IS SHUT DOWN TODAY?

« Member For Mandera Central Hon Abdikadir Mohammed To Move The Appropriation Bill Amendment To Scrap Vote Allocation For The KACC Of Kshs 1.338 Billion At 2.30 PM

Member of Parliament for Kimilili Hon. Eseli Simiyu to move a further amendment to the Appropriation Bill to impound the salaries and expenses of the Kenya Anti Corruption Commission’s Directors – Kenya Shillings 45.24 Million »

by Mars Group Kenya

Although widely derided as an expensive toothless bulldog – and even as a fig leaf for the corrupt – the Kenya Anti Corruption Commission (KACC) is Kenya’s premiere statutory anti-corruption agency recognized as such by the United Nations Convention against Corruption and the African Union. It has been in operation since 2004 and has investigated among many other pending mega corruption Scandals; Goldenberg, Pending Bills, Land and public resource grabbing including Mau forest and Woodley estates, Anglo Leasing, Triton, the 2008-9 Kenya Maize Scandal, the Global Fund, NSSF, Euro Bank, Charterhouse Bank, the National Hospital Insurance Fund, the international tracing of assets of Moi regime figures a.k.a. the Kroll & Associates KTM Report, fraud in local authorities and false expense claims by scores of Public Officers including Members of Parliament.

We are not fans of the KACC and are indeed viewed by KACC as among its harshest critics because repeatedly over the last four years we have pointed out its flawed strategy and its exaggerated claims of success in asset recoverys. Nevertheless, we are convinced that throwing the baby out with the bathwater cannot be the solution for dealing with Executive impunity in the matter of President Kibaki’s Gazette Notice “re-appointment” of the Directorate of the KACC.

Among those condemning the President’s Gazette Notice, as illegal for side stepping the advice and recommendation of both the KACC’s Advisory board and the Nation Assembly, are the immediate former Chairman of the Parliamentary Committee for Justice, Paul Muite, a former chairman of the KACC Advisory Board, Ahmednassir Abdullahi and the former Minister for Justice and Constituional Affairs, Martha Karua.

The Gazette Notice was apparently withheld from parliamentarians for days and was only produced after a motion of Adjournment by the Government had been roundly defeated by a back and front bench rebellion. The National Assembly now appears ready to vote not only for the rescission of the Gazette Notice but to go further to amend the Anti Corruption and Economic Crimes Act and starve the KACC of financial resources and operational autonomy.

Parliament could be making an innocent mistake! We urge Parliament to consider that KACC as it faces its uncertain future this afternoon during debate in the National Assembly REMAINS IN POSSESSION OF A GREAT DEAL OF EVIDENCE OF GRAND CORRUPTION IN KENYA. We are surprised that no one in Government or elsewhere is voicing any concern about the fate of the evidence and open case files of the KACC should Parliament draw the knife against KACC. Past experience suggests that if the need arises the evidence and case files of the KACC will be handed over to either the Attorney General or the Minister for Justice and Constitutional Affairs. In December 2000, a court ruling (Stephen Mwai Gachiengo & Albert Muthee Kahuria v. Republic, Misc. Application No. 302 of 2000) declared that the Kenya Anti Corruption Authority (KACC’s predecessor) was unconstitutional and it took 4 years to reestablish an official anti-corruption agency. During this period all files of the KACA were with the Attorney General and the Kenya Police and there was no forward movement at all on the fight against corruption - the investigations and pending prosecutions stalled completely. Those with longer memories will recall the Attorney General’s promise on December 29th 2000, soon after the demise of KACA, that all the cases that had been instituted by KACA and which at that time were pending in court would continue; that all investigations that were commenced by KACA would be finalised. Those with foresight should expect similar statements should the KACC suffer a similar fate today.

HAS THE PENNY DROPPED YET? WHO WOULD CELEBRATE THE DEATH OF THE KENYA ANTI CORRUPTION COMMISSION?

Grand corruption scandals occur frequently in Kenya but since the 1980s the scale of grand corruption scandals escalated. What follows is a list of some of the major grand corruption scandals and the potential loss – worth half a trillion shillings whose trails may go cold if Parliament’s ill advised broad-sweep action against KACC succeeds. None of them have been seriously pursued despite the plethora of available evidence for prosecutions and complete asset recovery. Close KACC carelessly and risk losing all the following evidence of grand corruption in Kenya; and guaranteeing the perpetrators impunity for the foreseeable future, and breathing space to cover their tracks.

Source: MARS GROUP

TEMA OIL REFINERY TO BE SOLD

Dr Kwabena Duffuor - Finance Minister The Tema Oil Refinery (TOR), the only refinery in Ghana, may be slipping through the fingers very soon following advanced plans by the government for its divestiture.

Even though government officials had for several months denied the allegation of plans to offload TOR, documents chanced upon by DAILY GUIDE reveal that the state-owned property is at the verge of losing that status.

This intention was made known by the Minister for Finance and Economic Planning, Dr. Kwabena Dufuor, recently in a document sent to the President.

According to the document, dated 7th September, 2009, and which was copied to the Chief of Staff, the Office of the President, and other stakeholders, the ministry has exclusively mandated Ecobank Development Corporation and Ecobank Ghana Limited (acting as transaction advisors) to prepare the way for what it called 'the eventual privatization' of the refinery.

The Mills Administration is struggling to recapitalise TOR, as it has not been able to import a drop of petrol for the company since it came to power, over-exposing its main creditors, Ghana Commercial Bank (GCB).

TOR owes GCB over GH¢900million, in addition to other liabilities to some other banks.

Attempts to import crude from Nigeria and Libya have hit brick wall, with President Atta Mills now turning his attention to Venezuela in South America.

The President, who is currently attending the United Nations General Assembly in New York, is expected to visit the oil-rich South American country, with cup in hand to beg for crude oil from President Hugo Chavez.

Kwesi Pratt, a friend of Hugo Chavez, has taken the lead to prepare the ground for President Mills in Caracas, DAILY GUIDE has learnt.

The 'sale' comes at a time when the country is gearing up to become an oil exporter in the next couple of years.

“Pursuant to Government's decision to restructure and capitalize the Tema Oil Refinery (TOR), the Ministry of Finance and Economic Planning hereby grants Ecobank Development Corporation and Ecobank Ghana Limited (together referred to as 'Transaction Advisors) the exclusive mandate to assist MOFEP, Ministry of Energy (MOE) and TOR (the client) to undertake the assignment on the following terms and conditions and in accordance with the agreed timetable outlined in the Technical Assistance Proposal,” the letter said.

The scope of the mandate, given by the minister, include establishing and confirming the state of TOR, arrangement and syndication of $300 million to re-finance the refinery's debt, arranging for additional funds to make up for any financial gaps identified, as well as leading and managing the eventual privatization of TOR.

As part of the remuneration terms, TOR will pay Ecobank a total of $1 million in two installments, plus a success fee of 2 percent of the total amount raised.

A non-disclosure clause in the mandate letter further permits the transaction advisors not to publicly disclose whatever service or advise it provides, unless compelled by law.

TOR had been entangled in series of financial crises since 2007, for which reason the previous government reportedly contemplated privatizing it, but was shelved after the country discovered large volumes of crude oil later that year.

When the sale issue leaked into the media a couple of weeks ago, it was vehemently denied by politicians in the current administration, in spite of glaring indications that negotiations were far advanced to that effect.

The move was condemned by a number of politicians, including the NPP Member of Parliament (MP) for Asikuma Odoben Brakwa, P.C Appiah Ofori.

“TOR is the only refinery in the country, and as at now, the only legacy Ghanaians can claim to possess as the legacy of Osagefo Dr. Kwame Nkrumah's dream of establishing Ghana as an industrial giant in Africa, besides the Akosombo hydro electric dam,” he wrote to Parliament.

Currently, only the Oil Marketing Companies (OMCs) are keeping the wheels of the economy running by importing refined oil into the country.

Ecobank Development Corporation is the investment branch of a Lome-based lending company, and was co-adviser on Ghana's $750 million sovereign bond, and the lead adviser in the sale of Ghana Telecom (GT) to Vodafone.

By Bennett Akuaku

GHANA: NDC in massive bribery scandal

Mabey & Johnson has been fined £5m for corruption Will the BNI invite these corrupt officials for questioning? Email Print Have Your Say ( 73 ) A landmark ruling in the UK has named several Ghanaian politicians as having once received bribes from a British construction firm Mabey & Johnson in the 1980s and the 1990s. The company pleaded guilty at the Southwark Crown Court in London, Friday, to charges of corruption and violating sanctions, paying Ghanaian government officials a total of £470,000 in bribes. Kingpins of Ghana's ruling National Democratic Congress (NDC) government including Dr Sipa Yankey, Mr Kwame Peprah and Dr Ato Quarshie were mentioned as having received bribes from the company. Dr Ato Quarshie who is a former Works and Housing Minister is said to have taken a cheque for £55,000 in 1995 whilst Health Minister Dr Sipa Yankey reportedly received a total of £10,500, lawyers for Mabey & Johnson said in court. Other persons including one Mohammed Seidu took £5,000; Edward Attipoe received £10,000; and Alhaji Sidique Boniface allegedly picked some £500 for school fees. The company is said to have lobbied the government officials then through one Kwame Ofori whose influence had waned as at 1996. The lobbyist was reportedly replaced by the then Treasurer of the ruling party with Baba Kamara, who was then thought to be very tactful and could influence tough persons such as Dr Obed Asamoah and Nana Konadu Agyemang Rawlings, both of whom held key positions. However, Joy News’ correspondent Kobby Graham who sat through proceedings on Friday said the payouts “were not directly related to contracts and projects” executed by Mabey & Johnson. The UK-based company is said to have executed three contracts, – totaling £26 million – two priority bridges and a bridge along a feeder road. The exact locations of the bridges were not mentioned. British state attorneys say Mabey & Johnson could be fined more than £2 million. The case is the first time a UK company has admitted in court that it was involved in overseas corruption and the breach of UN sanctions. Friday’s hearing is be the first time the facts of the case have been heard in court, Christopher Hope of the Telegraphreported. The company has so far agreed to make reparations to Ghana as well as the government of Jamaica which the company allegedly tried to influence to be able to secure public contracts in the 1990s. Story by Fiifi Koomson/Myjoyonline.com/Ghana

GHANA: 3 Top NDC Officials Took Bribes--UK Court

A landmark ruling in the UK has named several Ghanaian politicians from the ruling National Democratic Congress as having once received bribes from a British construction firm Mabey & Johnson in the 1980s and the 1990s.

The British construction firm was ordered to pay £5m after it pleaded guilty to involvement in overseas corruption and breaching UN sanctions.

Mabey & Johnson tried to influence officials in Jamaica and Ghana when bidding for public contracts.

It also paid more than $200,000 (£123,000) to Saddam Hussein's Iraq regime, violating the terms of the UN oil for food programme.

Mabey & Johnson confessed its wrongdoing to the UK Serious Fraud Office.

The Reading-based bridge builders secured contracts worth £60 million by bribing foreign politicians and other officials.

A judge at Southwark Crown Court in London, on Friday, fined the firm £3.5m. It was also ordered to pay a £1.1m confiscation order and £350,000 in prosecution costs.

In addition the company has made £1,413,611 available as reparations to Ghana, Jamaica and Iraq.

Following extensive discussions with the Serious Fraud Office, it pleaded guilty to two charges of conspiracy to corrupt and one charge of breaching UN sanctions on Iraq.

In Ghana

Kingpins of the National Democratic Congress (NDC) government including Dr Sipa Yankey, Mr Kwame Peprah and Dr Ato Quarshie were mentioned as having received bribes from the company.

Dr Ato Quarshie who is a former Works and Housing Minister is said to have taken a cheque for £55,000 in 1995, whilst Health Minister Dr Sipa Yankey reportedly received a total of £10,500, lawyers for Mabey & Johnson said in court.

Other persons including one Mohammed Seidu took £5,000; Edward Attipoe received £10,000; and Alhaji Sidique Boniface allegedly picked some £500 for school fees.

The company is said to have lobbied the government officials then through one Kwame Ofori whose influence had waned as at 1996.

The lobbyist was reportedly replaced by the then Treasurer of the ruling party with Baba Kamara, who was then thought to be very tactful and could influence tough persons such as Dr Obed Asamoah and Nana Konadu Agyemang Rawlings, both of whom held key positions.

However, the payouts “were not directly related to contracts and projects” executed by Mabey & Johnson.

The UK-based company is said to have executed three contracts, – totaling £26 million – two priority bridges and a bridge along a feeder road. The exact locations of the bridges were not mentioned.

The case is the first time a UK company has admitted in court that it was involved in overseas corruption and the breach of UN sanctions.

Friday’s hearing is be the first time the facts of the case have been heard in court, Christopher Hope of the Telegraph reported.

Source: BBC/peacefmonline with extracts from Myjoyonline

COMMENTS (16)

Records 1 to 10 of 16

Next Last

Name: KWASI ASARE

WHAT IS GOING ON THERE IN GHANA, MY BELOVED COUNTRY? DID PEACE FM REPORT THAT NPP TOOK BRIBES OR WHAT? I TOLD YOU AND SOME OF YOU NEVER LISTENED. HOW CAN YOU TRUST NDC. THE ECONOMY WILL COLLAPSE UNDER THIS GOVT. THEY ARE VERY CORRUPT, MYOPIC, VERY VIOLENT AND HATERS OF PEACE. ALL THEIR MOTIVES IS TO ATTACK EVERYTHING ASHANTI. HAVING NO REGARD TO THE FACT THAT THE MORE YOU HATE SOMEBODY, THE MORE YOU MAKE THAT PERSON STRONG. LOOK AT RAWLING, LOOK AT MILLS TOO, SOMEBODY WHO LACKS CONFIDENCE,, TALK TO YOU AGAIN LATER.

Name: Collins

Why do you think the Kufour govenment put some of them like Sepa Yankey in Prison. They are very corrupt and Rawlings is their boss. He (Rawlings) and his wife good their good share of the bribes. You ask Sepa Yankey whether I am lying. Ato Ahoi took a lot of bribes for Jerry Rawlings. Ask him too. God save Ghana.

Name: nelson

NPP OR NDC, BONIFACE IS STILL BONIFACE. THEY ARE ALL THE SAME. SIMPLY CORRUPT. PLEASE LEAVE PEACE FM ALONE AND LET THEM DO THEIR WORK.

Name: Latest Update

Ghana Ato Qarshie (former roads minister) £55,000 Saddique Bonniface [minister of works] £25,500 Amadu Seidu [former deputy roads minister £10,000 Edward Lord-Attivor (chairman inter-city transport corp) £10,000 Dr George Sepah-Yankey (health minister) £15,000 Check this link: http://u.tv/News/British-firm-Mabey-and-Johnson-convicted-of-bribing-foreign-politicians/00d356ed-c1d5-4c6f-b145-87d4c408ecfd

Name: kingsley in ireland

Thieves who parade themselves as the champions of probity and accountabilty and turn arround to accuse innocent people of being corrupt. Chief thief, jerry rawlings and the rest of his pen robbers, have been named in Norwagien court, Nigeria's EFCC, and now the British courts as being corrupt. Thieves!!!!

Name: Boniface should sue for fair share

It make sense for Boniface to switch camp; the man got only 500 pounds. Not enough for kyinkyinga. Infact Boniface should sue NDC for his fair share of the booty.

Name: Thanks for the Correction PeaceFM

Thank You.... good job well done!! this is NDC gig not NPP.

Name: Obrefo

Why!!!! I'm very disappointed. Are you trying to say Maybe and Johnson did not pay for Kyinkyinga? It has to be somewhere in the official document. More will come out. Both NDC and NPP leader are corrupt and should be exposed. "Asem beba debi"

Name: Can Someone give me PeaceFM Phone No?

Someone should call the station and tell them off. How can they do something like this? Why draw NPP into this? Bad journalism

Name: kubu

please, peace fm be very careful Boniface was not an NPP member then, he came to NPP to change

British firm Mabey and Johnson convicted of bribing Ghana politicians

BAE the next target as bridge-building firm becomes first major British company to be convicted of foreign bribery

Friday, 25 September 2009A string of foreign politicians and officials were named as having received corrupt payments from a British firm today, as the company admitted it had systematically paid bribes around the world to win contracts.

The bridge-building firm, Mabey and Johnson, is the first major British company to be convicted of foreign bribery. Many of its contracts were financially supported by the British taxpayer.

The conviction by the Serious Fraud Office comes as the fraud agency turns its attention to a bigger target, BAE, Britain's biggest arms firm.

The SFO has given BAE until Wednesday to decide whether to bow to an ultimatum and agree to some version of a plea bargain over long-running corruption allegations.

Richard Alderman, the agency's director, has put his credibility on the line, and, according to Whitehall sources, is committed to asking law officers for consent to prosecute the arms giant if it fails to accept multimillion-pound penalties.

Today, at Southwark crown court, London, John Hardy QC for the SFO, revealed the names of 12 individuals in six countries alleged to have received bribes from the Reading-based Mabey and Johnson.

He said the company paid "a wide-ranging series of bribes" totalling £470,000 to politicians and officials in Ghana.

He identified five who travelled to Britain to collect sums of money from £10,000 to £55,000 from bank accounts in London and Watford.

Ministers and officials in Angola, Madagascar, Mozambique, Bangladesh, and Jamaica were also bribed, Hardy told the court.

Hardy said that over eight years, the firm gave £100,000 "to buy the favours" of Joseph Hibbert, a key Jamaican official in awarding contracts, one of them worth £14m.

The court was told how the firm, owned by one of Britain's richest families, paid bribes totalling £1m to foreign politicians and officials to get export orders valued at £60m to £70m through covert middlemen.

The Mabey family built up a fortune of more than £200m by selling steel bridges internationally.

The company also broke UN sanctions by illegally paying £363,000 to Saddam Hussein's government in 2001-2.

This first conviction has been hailed as a landmark by the British government, which has been heavily criticised for failing to prosecute any British firm for foreign bribery. Campaigners said the failure rendered the 1997 pledge to crack down on corrupt exporters worthless.

The firm will pay out more than £6.5m, including fines and reparations to foreign governments.

It pleaded guilty to corruption in a pioneering deal with the SFO. It is the first time the agency has concluded a US-style plea bargain with a firm accused of corruption overseas.

The company said it had reformed itself, stopped making corrupt payments, and got rid of five executives. Timothy Langdale, the firm's QC, said: "This is a new company. It is not the one which made these payments."

The SFO investigation continues to look into whether individuals should be prosecuted.

Overseas politicians and officials named as recipients of bribes from Mabey and Johnson. The countries and the individuals who received the bribe payments are as follows:

Ghana

Ato Qarshie (former roads minister) £55,000

Saddique Bonniface [minister of works] £25,500

Amadu Seidu [former deputy roads minister £10,000

Edward Lord-Attivor (chairman inter-city transport corp) £10,000

Dr George Sepah-Yankey (health minister) £15,000

Madagascar

Zina Andrianarivelo-Razafy (permanent representative at the UN) £5000

Lt-Col Jean Tsaranasy (former public works minister) £33,000

Jamaica

Joseph Uriah Hibbert [former works minister) £100,0000

Angola

Antonio Gois (former general manager state bridges agency) $ 1.2 m

Joao Fucungo (former director state bridges agency) $13,000

Mozambique

Carlos Fragoso (former head of DNEP, directorate of roads and bridges) £286,000

Bangladesh

Khandaker Rahman (chief engineer, roads & highways dept)

Source: guardian.co.uk © Guardian News and Media 2009