Head of Public service Joseph Kinyua yesterday confirmed before a Nairobi court that the government did not lose a single cent in the Anglo Leasing scandal.
Kinyua said a commitment fee paid to a foreign company — Infotalent Ltd — was approved by Parliament in the financial year 2003/04.
He told Milimani court trial magistrate Martha Mutuku that Euros 5,287,164 (Sh6.8 billion)was returned by the contracted company after he advised the then Attorney General Amos Wako to stop further payment and cancel the said contract.
“Infotalent Ltd refunded all the monies paid by the Kenyan government and Treasury was informed accordingly of the same,”he said.
Kinyua, who was accompanied to court by Director of Public Prosecutions Noordin Haji, was testifying in a case where — businessmen Deepak Kamani, Rashmi Kamani and Chemanlal Kamani and former Finance Minister, the late David Mwiraria, former PSs Joseph Magari and Dave Mwangi and then head of debt management at Treasury David Onyonka — are accused of conspiracy to defraud the government Euros 59,688,250 through a suppliers financing agreement for the computerisation of security, law and order systems and procedures of Kenya police code named E-cops.
He said the computerisation of security, law and order systems and procedures was executed on November 11, 2003. He said Magari and Mwangi signed the contract on behalf of the government.
Kinyua said by the time he took office as the PS in the Ministry of Finance, he was unaware that the contract had valid legal opinion.
He said he took office on July 1, 2002 after the then PS, Magari, stepped aside to give way for investigation into the alleged fraud.
Kinyua told court that the first thing he did regarding the Anglo Leasing matters was to advice the then Minister of Finance to stop any payment of the contract and initiated an audit on the same.
The witness confirmed to court that he is aware that the E-cops contract and 47 promissory note were formally terminated by the former AG, Wako after advising him to do so through a letter dated December 14, 2004.