Never before has so much been achieved in the battle against drug-trafficking in Kenya, from the destruction of boats and extradition of suspects, to today’s seizures and arrests.
That does not deter some from insisting that there is nothing being done, or coming up with excuses for their own failures when they wielded the power to fight the scourge.
Phillip Murgor wants to be PORK, so he has to suppress the recent successes in the fight and present himself as the redeemer:
[SIZE=6]Uhuru and Ruto: Drug cartels can eventually capture the state[/SIZE]
Feb. 13, 2017, 12:00 am
By PHILIP MURGOR
President Uhuru Kenyatta and his Deputy William Ruto have suddenly just declared war against the drug lords in Kenya who have reigned with impunity for many years.
Yet the narcotics trade can only flourish in an atmosphere of extreme corruption. For the country to be under the grips of cartels and drug lords, it is because it lost the war against grand corruption a long time ago. Grand looting of the public till goes hand in hand with unchecked transnational crime, like the drug trade and money laundering. Uhuru and Ruto, therefore, should eliminate grand corruption, and the drug cartels will then be forced out of business. Key institutions, starting with law enforcement, immigration, customs, prosecution and the judiciary, must be cleaned out. Short of that, the Jubilee pair is simply playing politics.
For the Jubilee leadership to take on the drug lords, they need to be free of any sponsorship or compromise with them. A leader who amassed his fortune through theft from public coffers is no different from one who trafficked in narcotics. Both types cause suffering and death. If any leader cannot explain his wealth, how are the citizens to know it is not from trafficking in narcotics?
High level infiltration
The drug lords have infiltrated all sections of the business community in the last decade and now stand tall among the most successful business personalities. They are well represented in Parliament and in sections of government. Unless stopped, it is only a matter of time before they take over the presidency, directly or indirectly, and perfect the capture of the state.
Kenya became a haven for international money launderers and recorded inexplicable growth in the construction and housing sectors, officially passed off as bona fide diaspora remittances. For decades, the political patronage system has been driven by money, to buy votes and to manipulate the political process.
As the political process became more corrupt, the greater the requirement for funds so that drug lords are now the kingmakers, MPs, senators, governors, and the financiers of certain presidential candidates, as happened in Colombia when the drug cartels were in control. Very soon, we will see a drug lord actually vie for the presidency.
When organised crime takes over public life, those charged with law enforcement, prosecution and adjudication are the first targets for sacking, threats, injury and death, as in Colombia.
Kenya is a major hub for narcotics from South America transiting to Europe. In December 2004 while I was serving as the Director of Public Prosecutions, the Kenya Police received very specific intelligence from certain European governments that large quantities of cocaine were being prepared in Kenya for shipment to Europe. They were forced, reluctantly, to seize 1.1 tons of high-grade cocaine, worth Sh6.4 billion, stashed at two locations in the country. This was the largest seizure on the African continent at the time. Further information suggested that the total consignments ran into several tons and indeed there was a sharp decrease in the street price of cocaine due to the sudden increase in supply.
Despite my recorded protestations, the police conducted a sham investigation. Several innocent persons were charged, as part of a cover-up to show that the drug lords had been brought to book. On the contrary, no effort was actually made. I maintained that the DPP would not engage in a cover-up prosecution, and insisted that the recovered cocaine must be disposed of in a transparent manner supervised by the court and international drug enforcement agencies. The police thought otherwise and attempted to get irregular clearance to dispose of the cocaine, without reference to the trial court.
On May 25 2005, the day I was fired, I had requested the late Mirugi Kariuki, assistant Minister of Internal Security, to brief President (Mwai) Kibaki on interference in the case by powerful members of his government. When he arrived at State House, he found the President indisposed, and briefed one of his handlers. Mirugi was shocked at the reaction of this individual who, together with a powerful minister, decided to sack and replace me before Kibaki woke up. An unsigned communication of the dismissal was then sent to media houses, and Amos Wako, then AG, was telephoned and directed to notify me. He protested to Stanley Murage and sought audience with Kibaki, which was denied.
It then took the government four months to send me a termination letter dated September 24, 2005. Francis Muthaura, Head of the Public Service, did not provide any reasons for my removal, save to thank me for the services rendered and wish me luck. I was then denied my final salary and terminal dues for over a year.
Many officers involved were sacked, transferred, victimised and at least two murdered in the course of covering up this massive crime.
At the end of the cocaine trials, long after I had left, only one small functionary was convicted, and Kenyans were left no closer to knowing who the kingpins were. Thousands of young Kenyans continue being destroyed and dying through drug abuse.
To prevent me from testifying before the PAC over the Anglo-Leasing scandal, a questionable committee led by Justice minister Martha Karua, police commissioner Gen Hussein Ali, and CID director Joseph Kamau, falsely accused me on February 14 2006 of being a suspect in the Goldenberg scandal. They took steps to withdraw my firearm certificate and cancel my passport. A simple act of terror directed at a witness to defeat the course of justice.
Uhuru, who was then leader of the Opposition, wrote to Maj Gen Ali on February 28 after the Public Accounts Committee had recorded my testimony. He requested that Murgor “is given adequate security at all times” as he has “handled very sensitive matters for this country”.
The Karua committee knew that the allegations of involvement in the Goldenberg scandal were false. No statement was ever recorded from me regarding the allegations. I instituted a private prosecution against Maj General Ali and Joseph Kamau for conspiracy to defeat the course of justice but, after summons were duly issued, it was terminated by the DPP, Keriako Tobiko.
After a considerable period, my security and my passport were restored.
Runway graft
Uhuru is now the President of Kenya with Ruto as his deputy. Kenyans expected that he would deal effectively with corruption and drug trafficking, among other crimes. Sadly not. Corruption fuelled by tribalism is at its highest level since independence. Well-known felons, drug traffickers and money launderers are in public and elected positions, most of them issued with civilian firearm certificates and assigned armed police bodyguards. Fraudulent public procurement creates overnight billionaires, while the cost of living and unemployment rises.
The removal of the Akasha brothers and their associates from Kenya is overdue and welcome, but we must not forget that the criminal justice system (police, DPP and judiciary) failed miserably, forcing the executive and the United States to resort to the questionable practice of rendition. If Jubilee wants to be taken seriously, it should publicly recognise these failures, and take decisive action against those in charge of the departments concerned.
Rendition is not provided for in our constitution and should not be institutionalised. The internationally acceptable practice is that persons awaiting the conclusion of extradition proceedings involving serious crimes be held in custody to eliminate flight risk, or possible intimidation of witnesses. If bail is granted, as in the case of the Akashas, the proceedings end up taking forever.
Cocaine, heroin and other prohibited drugs remain readily available at prices our children can afford, yet very little has been done by the government. In 2015, the Australian navy seized heroin worth Sh25 billion off the shores of Mombasa. The government denied that the drugs were found in Kenyan coastal waters but the fact remains that Kenya is still a major transit hub for narcotics being shipped to Europe, and drugs remain in abundant supply in all urban centres without any arrest of the kingpins.
When he was the Opposition leader, Uhuru took a firm stand on transnational crime and the Anglo Leasing scandal, giving the initial impression that he might be able to dismantle the criminal networks if he ever came to power.
Now that he is President, Uhuru has admitted that many public institutions are under the firm grip of criminal cartels, including those charged with the responsibility of containing the trafficking in narcotics. Uhuru concedes that the criminal justice system has failed but claims to be powerless to do anything.
This month Uhuru and Ruto declared war on the coastal drug barons. Every Kenyan welcomes this development, particularly if it is serious. However, action must be taken against ALL drug barons, regardless of their political orientation.
Murgor is a lawyer who is standing for President in 2017
Uhuru is not powerless against the drug cartels, and the results are there for all to see.