PHOTO | FILE Former Kilome MP John Harun Mwau.
NATION MEDIA GROUP
The anti-drugs agency, Nacada, has
cleared former Kilome MP John Harun Mwau of any involvement in the drugs
trade in a move that could raise questions about its mandate.
Documents seen by the Sunday Nation
show that Mr John Mututho, Chairman of the National Authority for
Campaign Against Alcohol and Drug Abuse, gave Mr Mwau a clean bill of
health on January 14.
Mr Mututho’s letter states
specifically that the former MP was not linked to the Sh6.4 cocaine haul
seized in Nairobi and Malindi in 2004, and which was said to be the
largest in Africa.
US President Barack Obama in 2011
blacklisted Mr Mwau and six other suspected drug lords over the haul. Mr
Mwau has always maintained his innocence.
The
politician wrote to Nacada on January 8, giving the authority seven days
to say whether it had any evidence implicating him in the illegal
trade.
“In order to protect my name and reputation, I
would want Nacada to confirm or deny whether, in its investigations, it
has established any scintilla of evidence that I would have been
involved in drug trafficking, and if such information exists and is
credible, give full particulars as to where, when and with whom I was
involved in drug trafficking,” he said.
Mututho responded a week later, saying the agency had no evidence linking Mr Mwau to the drugs trade.
“The
authority does not have any evidence of you or any other Member of
Parliament being involved in drug trafficking or drug abuse. The
circumstances (sic), authority is aware that a total of approximately 1
tonne of cocaine seized in Kenya in 2004 was seized from two locations,
Malindi and a godown in Embakasi. The authority is not aware of any
cocaine seized in 2004 from Pepe Inland Port,” says Mr Mututho.
CONSULTED NACADA LAWYERS
On Saturday, Mr Mututho said he had consulted Nacada lawyers before writing to the politician.
“There
was no cocaine from Pepe. We know only of one tonne from Malindi and
Embakasi. If you know anything about drugs at Pepe, I will be happy if
you can give me that information. We cannot leave things pending unless
we are hiding something.
“I checked with our (Nacada)
lawyers and technical people, who said there is nothing irregular with
me writing the letter,” he said.
Nacada is a State
agency and chairmen of such institutions do not have the powers to clear
individuals of any past or present allegations.
Under the law, Nacada is the focal point for war against drug and substance abuse. It works with police to enforce the law.
Mr Mwau argues that it is within Nacada’s powers to clear his name.
“It
follows, therefore, that the war against drug abuse and drug
trafficking cannot be won through false and/or fabricated allegations
against innocent individuals,” says Mr Mwau.
The
politician says that in 2011, the US Government alleged that some MPs,
including himself, were involved in drug trafficking in Kenya. He says
he is a law-abiding citizen of high integrity and morals and is not
involved in any criminal activity.
“In December 2010
and June 2011, the US Government through its then Ambassador Michael
Ranneberger, by an unsubstantiated claim, alleged that some MPs were
involved in drug trafficking in Kenya and, unfortunately, I was one of
those whose names were included.”
He says the US
Government based its decision on claims that the police had linked him
to the cocaine haul seized at Pepe Inland Port in 2004.
“As
a matter of fact, the allegation was and is false as it is a matter of
public information that the only total of one tonne of cocaine ever
seized in Kenya was in 2004 where about 840 kg were seized in Malindi
and about 300 kg were seized from a godown at Embakasi in Nairobi,” he
writes.
Mr Mwau claims that the allegations to link him to drugs were politically motivated and calls on Nacada to protect him.
“I
expected Nacada, as an impartial Kenyan institution, would come out
strongly after the allegations to confirm the veracity of the claims
made against me and other Members of Parliament — whether it is true
that the alleged individuals were involved in drug trafficking as
alleged,” says Mwau.
COUNDUCT INVESTIGATIONS
Mr
Mwau says that he also expected Nacada to use its grassroots network to
establish “where in Kenya the alleged MPs would all have been involved
in drug trafficking”.
“My belief is that Nacada was the
best suited institution to confirm whether the malicious and unfounded
allegations were true or not ... Nacada was a creature under the
Ministry of Provincial Administration and Internal Security, which also
has grassroots presence of National Intelligence Service, CID
and general police ... With such a network and array of resources at its
disposal, no person should be able to sell or traffic in narcotic drugs
as an MP and go undetected,” says Mr Mwau.
Other
suspected drug lords named by the US Government were Naima Mohamed
Nyakinywa — a Kenyan reported to be in a Tanzanian jail, Manuel Torres
Felix, Gonzalo Inzunza Inzunza (Mexico), Haji Lal Jan Ishaqzai
(Afghanistan), Kamchybek Asanbekovich Kolbayev (Kyrgyzstan) and Javier
Antonio Calle Serna (Colombia).
Mr Mwau later sued Mr
Ranneberger and the Attorney- General over the allegations. The case is
still pending, but Mr Ranneberger’s tour of duty ended in 2011.
In
November 2011, the then Internal Security Assistant Minister Orwa Ojode
— who died in a plane crash in June 2012 together with Internal
Security Minister George Saitoti — told Parliament that there was no
evidence linking Mr Mwau to drug trafficking.
Earlier
in June 2011, a senior police officer, Mr Julius Ndegwa, swore an
affidavit clearing Mr Mwau of links to drug trafficking or other
criminal activities.
According to American law,
suspects indicted under the so-called Kingpin Act cannot transact any
business with US businesses or citizens.
The Act
allows the US Government to freeze their assets in the US and ban its
nationals from having any business dealings with the individuals
sanctioned.
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