Declaration by Marianne Briner-Mattern in front of the Parliamentary Committee investigating the Death of Dr. Robert Ouko, London February 25, 2005

Before I came to Nairobi in November last year, I had received phone calls in which I was told to leave out in my evidence any private information about the former President Daniel arap Moi, if I did not want to risk my life. I was assured that not even the Kenyan Security nor Gor Sunguh would be able to protect me if I was not obeying.

Because I was fearing, if I would not go to Nairobi, the whole investigation on Dr. Ouko’s killing would come to a standstill, I assured the callers that I would follow their advise.

I therefore wish to apologize to the Committee and hope that this Declaration will give them the assurance that finally they will have the chance to know more about the background and reasons for Dr. Ouko’s killing than what I could say in Nairobi.
I feel safe to say this now in London.

One voice I believe to have recognized during these phone calls was that of Mr. Kulei. I knew his voice since I had spoken with him several times on the phone when he proposed a meeting with President Moi and Raila Odinga (who at that time was a Member of the Cabinet) in Crans-Montana (Switzerland) in June 2000. I had been told before that this was a strictly private meeting just between the three of us in order to examine the possibility for me to come back to Kenya.

The original reason for the proposed meeting was the revival of the Molasses Plant for which they needed my help in asking me to contact the Italian Experts to find out if they would be willing to assist. On this subject I also spoke with Mr. Raila Odinga.

On Mr. Odinga’s request I had then contacted the Italian Company S.M.I.. Dr. Lenzini, who is the world’s leading Sugar Expert and who had visited together with Dr. Ouko and me the Plant several times between 1987 and 1989. He expressed his willingness to help and sent me his proposals. Since the meeting in Crans-Montana with Mr. Moi, Kulei and Raila Odinga did not take place, I kept Dr. Lenzini’s offer.
Only now in November after the Hearing in Nairobi was it given by me to Dr. Obure Odinga together with a second offer for a new Sugar Factory which would work in using sugar cane and sugar beet and therefore represents a totally new approach to the sugar production in Africa. Trials with sugar beet had been very positive as confirmed to me by the Italian Expert.

During our telephone conversations in 2000, Kulei even promised to settle the Invoice for an amount of $ 5.975.000.-- which I had sent to Moi on June 27, 1990.
He asked me to send it again to the Golf-Hotel where they were staying (Kulei occupied Room 126, Raila 326). After having received it, he called me back and even made a joke that we "celebrate" now the 10th anniversary of this invoice and they should pay me a special bonus….

When I found out (I called the Kenyan Mission in Geneva) that Moi was there with a big delegation and also Biwott was present – so by no means it would have been a private meeting - I cancelled. Kulei was furious and called me several times, threatening me the same way as now: to be careful since they know where I am living etc.

He then added that they would have anyway only paid that invoice if I would have signed a document revoking my evidence given to Mr. Troon in London in 1990 and declaring that it was false. I should not think that they are fools: They had already prepared the respective Statement for me to sign in front of a Swiss Notar who would then also have been given the money with the instruction to release it to me in instalments to make sure that I would not talk at least during the next 10 years (Moi must have made the calculation that until then he would most probably be dead or the whole case would be forgotten until then).

He knew very well that also the Scotland Yard Report and its findings was heavily based on the information I had given. If I would have revoked my evidence, also the Scotland Yard Report would have lost its credibility. In paying me, he and also Biwott would have therefore made sure not be “bothered” in the future.
I think, they knew that after the Elections the new Government would eventually be forced to open a new inquiry into Dr. Ouko’s death and decided to take their own precautions and buy their "absolution" via me.

The phone calls I received before going to Nairobi in November last year clearly warned me.

I was reminded that I was still alive and did not join the list of other witnesses who had "died" in the meantime, because I had in the past not involved Moi, and I should continue not to implicate him if I did not want to risk my life even now. I was assured that they had means to control and follow me also in Nairobi.
I definitely started to believe this when I was told by the German Embassy that my telephone line was "bugged" (actually also Mr. Troon with whom I kept contact during my stay in Nairobi, told me to be careful when talking on the phone). It seems, the German Embassy has a special device which gives a signal if the line is not safe.

I stayed at the house of private people who have nothing to do with politics and offered to hoste me on request of Father Angelo d’Agostino from the Nyumbani Home for Aids Orphans to whom the money for my stay was then passed as a Charity Contribution.

I am sure that the order to spy on me had been given by Biwott. Who else would have been interested to know about my movements and contacts.

One reason for him may have been to find out if I still keep contact with Dr. Mungai and even meet him during my stay in Nairobi. This would have been useful for him for the ongoing Kanu-Elections in which he was competing against Uhuru Kenyatta.
If he has listened to the telephone recording, he will know that I spoke regularly with Dr. Mungai on the phone, but we did not discuss any detail of my evidence since – as Dr. Mungai put it – I was doing very well and he did not think that I would need his advise …

Another confirmation regarding the “bugging” was then given to me when at the end of my stay the message was passed to me (via a journalist of the Kenyan Times) that the former President wanted to talk to me and I was given the Office No. 273’20’68, Mobile No. 0722’75195 and House No. 518’51’77, Ext. 0. I called and Mr. Lee Njiru then told me I should expect a phone call from Moi on Sunday, December 5, 3.p.m. sharp, to fix our meeting.

This appointment did not materialize because also they must have been told in the meantime about the "bugging" and feared that the information about the contacts and meeting between me and Moi could become known to the wrong people who could then use and publish it in their own interest …

It seemed, Moi had asked to arrange a meeting with me after I had denied his lawyer, Mutula Kilonzo, to cross-examine me during the Inquiry. I had told Mr. Kilonzo that I would like to talk to Moi face-to-face since between him and me certain subjects are still to be clarified and certain questions have to be answered by him.

I also added that I would not implicate his client (Moi) for the moment, but was expecting some personal explanations to me.

Since the meeting via Mr. Njiru failed to materialize, I wrote to Mr. Kilonzo after having returned to Europe. I asked him to make all efforts to arrange for a personal meeting with Moi. I made very clear that I will have to believe all other witnesses who have even implicated Moi directly, if he does not meet me and clarify these allegations.

Mr. Kilonzo passed my request to Moi but informed me also that he would not be able to help more since it was up to his client to make the final decisions.

Here I wish to add that I exchanged with Mr. Kilonzo some more correspondence outside the brief he holds for Mr. Moi. He entrusted me with his opinion also regarding his impression on the political scene in Kenya. I will come back to this at the end of this Declaration.

The last confirmation about the security threats which I was facing during my stay in Nairobi was then received when Biwott through his Lawyers requested the Parliamentary Committee and the Kenyan Police to “arrest me for having given false evidence or at least to block me from leaving the country since I had to be punished”…

Luckily, I had already received the confirmation by the German Ambassador that he "got green light from Berlin" to offer me the highest security protection in case they felt I was in danger and I should request their help.

This was definitely the case after I was informed about Biwott’s request to either arrest me or at least to stop me from leaving the country since I should be put in jail.

Also the Security Personnel (GSU and CID) assigned to protect me including Gor Sunguh started to become quite nervous.

An Official of the German Embassy then picked me up in an armoured vehicle and they hosted me in one of their Guest Apartments.

During my stay there, I also had a quite extensive meeting with the German Ambassador, Mr. Braun. He was impressed by the way I had conducted the Inquiry and also about my intimate knowledge about Kenyan politics. We exchanged some opinions about certain people and came to the same conclusions regarding the past and present political scene in Kenya.

The last and most dangerous part was then to organize my departure from Nairobi. Again the German armoured vehicle with blinded windows was used and the Deputy of the Ambassador, Mr. v.d. Driesch, accompanied me.

It turned out that their precautions had been right since we were stopped before entering the Airport compound by a total road-blockage set up by Kenyan Police. They searched all cars. The German official car (Germany has even the No. 1 registration) had to be allowed to pass. But we could see that the Police looked quite frustrated and nervous…

I am sure that Biwott had not expected the German Officials to take over “up to the end” and must have hoped that I was in Gor Sunguh’s car who drove in front of us.
Mr. v.d. Driesch stayed with me until I could board the Swiss plane (I was the last passenger to enter and the doors were closed immediately behind me).

He had also informed me that he would stay at the Airport until the plane was “air-borne” since he expected that Biwott would use all his connections to keep me in Kenya, especially after having learned that the road-blockage had failed.
Although the German Officials believed me “safe” in a Swiss plane, especially since the Embassy had briefed the Airline before making sure that I was seated in the Golden Club area (former First Class) and that the list of all other passengers in this section was passed to the Embassy. This would give them a possibility to check on all passengers in case something happened to me during the flight.

All this shows that they had put the highest alert and it also demonstrates which "reputation" Biwott and his allies have.

The reasons why Biwott and with him also Moi wanted to make sure that I could not leave the country and should be "punished" as Biwott had put in his request, was their fear that I could still talk about the things I had to leave out in Nairobi after I had left the country. So I had to be stopped...

But most of this information had also been known to Dr. Ouko. Some of the information (mainly regarding the corruption) had been passed to him by me, some other details collected by himself. He intended to make his own report in support of my scheduled meeting with Moi after they came back from Washington in February 1990.

I now believe that the documents and papers which disappeared in Koru after he got killed, may have contained also these more sensitive issues and Dr. Ouko’s knowledge about all this was the real reason why he had to be killed.

The biggest mistake he and me made was to believe that Biwott was the only one responsible. We always thought that Moi was a victim and not an active player in such things – this was a terrible mistake and Dr. Ouko paid with his life for it.
I have therefore decided to also disclose some details of this additional information at least as much as I know. I am sure that it will help to give a better picture of the real reasons for Dr. Ouko’s killing.

First a general observation: Some information in this declaration had already been given by me in Nairobi. But it is necessary to include also some of these details here in order to give a more complete picture.

Mainly regarding Moi and my relationship to him I had been asked before coming to Nairobi to restrict my evidence to the purely absolute necessary details and not to implicate him in any way since my revelations could endanger “the peaceful transition and his retirement” and my own life.

Our relationship goes back to the year 1980/81. It was the direct reason why I became a Consultant of the Kenyan Government later and why Abraham Kiptanui my partner in BAK-Group.

I still remember the so-called Sunday Harambees which were common during these years and to which I was sometimes accompanying President Moi.

I found it very interesting but of course my presence also created a lot of talking since I was normally seated in the front row next to the local Dignitaries and usually being the only white (Mzungu) attracted a lot of attention.

I remember the incident in Kiambu when Moi turned around, pointing at me and said, "My friend over there does not speak our language yet. Therefore let me say some words in English so she also understands what I tell you..."

Mr. David Musila, then P.C. Central Province, was normally in charge to organize my transport and seating at these functions. Although based in Nyeri, Mr. Musila used to come for these occasions to Nairobi. We normally had Dinner together the evening before where he then gave me some information about the place and purpose of the Harambee-Function the following day.

I also remember the flight to Nairobi when I boarded the plane in Zurich and joined Moi and his Delegation – I still remember the excitement when we entered Kenyan Airspace and two Kenyan Air Force Jets joined us "tipping their wings" in welcoming the Commander-in-Chief and President.

But the eventual disclosure of our relationship and all the intimate knowledge I had, may have been also the real reasons already in 1992 why the Gicheru-Commission was stopped by the “State” (i.e. Moi) exactly at the moment when the British Police Officers had asked that I should be called as the next witness.

Mr. Chunga confirmed this only last week when he testified that he had already started to issue the Summon for me when the "State" stopped the Inquiry.

This fear must have also been the reason behind all the defamatory information about me and my Company which has been distributed to the media and published during the last years, including the false evidence certain people have given in front of the Gicheru-Commission and continue giving now. Since they have given it under oath and this is a penal offence, I wish them to rectify their statements.

This refers especially to Mr. Dalmas Otieno. I have written an Open Letter to Mr. Uhuru Kenyatta. In my letter I am asking Mr. Kenyatta to first clean his own house before attacking others.

I am therefore asking him to convince Mr. Otieno to revoke his false evidence regarding Dr. Ouko, the Molasses Project and my Company. Since Mr. Otieno has left Biwott’s camp and now joined Mr. Kenyatta (5 minutes before 12 as we say), he should finally come out to tell the truth.

During the Inquiry in Nairobi I also realized the hesitance of the Inquiry Committee to go into the details of my contacts with Moi since November 1989 via his and my lawyer, J.F. Addley, from Kaplan & Stratton.

In my opinion it would have been absolutely necessary and normal to also summon Mr. Addley. Something Mr. Troon had already proposed during his investigations without success.

Mr. Addley was introduced to me by Kaplan & Stratton since he had direct access to Moi being his proxy in several companies and private lawyer. It was Mr. Addley who informed and spoke with Moi about all my problems with Biwott and my corruption claims.

Addley also told me that Moi wanted to talk to me personally and therefore had proposed a meeting in Nairobi which should have taken place at the middle of February 1990 after coming back from their trip to Washington.

It seems, here Biwott started to attack Dr. Ouko. Biwott had been informed about my scheduled meeting via Oyugi, arap Too and Kiptanui. I had asked Addley for certain security measures and he told me that he was passing my request to State House and therefore also Biwott via his connections there got to know.
Biwott convinced Moi that it was Dr. Ouko who gave me the information regarding the corruption allegations since the center of the information Moi had received by me via Mr. Addley was the Molasses Plant.

Biwott took advantage of the fact that Moi was quite upset and frustrated with the visit in Washington. Being used to manipulate Moi, it was therefore easy for Biwott to put all the blame on Dr. Ouko.

Especially since not only in the United States but also in other countries the questions regarding the corruption in Kenya had been raised, countries which Dr. Ouko had been visiting before.

Like in Italy where even a Parliamentary Inquiry on this subject had started with the names of Biwott and Prof. Saitoti mentioned. Here especially the "switching" of funds by the Kenyan side, i.e. having received money for one project but using it for another came under fire (example: Italy gave money for reforestation, but the funds were used for Kaijado-Machakos renaming it Nol-Turesh in favour of Prof. Saitoti. Furthermore the sale of commodity aid instead of giving it free to famine areas etc.).

Also France (the other main country with which Biwott was doing his deals like Kiambere/Turkwel Dam etc.) had started to ask questions.

Here mainly the building and financing of the Eldoret-Airport (naming it Moi’s private airstrip since it was only used by him allowing him to fly in and out the country without having to pass Nairobi) and the supply of the Presidential Jet (officially paid for, but in the reality given as a present by the French Group Spie. Battignol) were under investigations.

Jean-Christoph Mitterand, son of the late Prime Minister, was the Coordinator of all these projects (by the way he is now in jail exactly for some corruption deals he was involved with).

As usual, Biwott had received the information about these problems in France and Italy via his connections in these countries and in the Kenyan Special Branch before they were going to Moi. Biwott had therefore time to prepare his own version and to wait for the right moment when to present his findings.

This was the case in Washington with a fuming Moi whose frustrations with the visit just needed an outlet and Biwott made sure that Moi’s anger went into one direction: Dr. Ouko.

These fabricated allegations against Dr. Ouko (blaming him for the problems in France and Italy) were then mixed up with information of some Intelligence Reports Biwott had received via his close friend William Kivuvani that Dr. Ouko had been successful in finding out details on certain business transactions and corrupt deals (mainly with Italian Companies for the Labda-Projects and French Groups like Spie. Battignol in the Kiambere/Turkwel Project).

But what convinced Moi most to stop ( kill ) Dr. Ouko was the information given to him by Biwott (again with the help of Kivuvani) that Dr. Ouko also had inquired about Moi’s private life and here mainly about the Ugandan girls Biwott used to arrange for him.

They feared that he could disclose everything if the Molasses Plant was not getting green light to go ahead as planned...

They must have realized that Dr. Ouko knew that they planned to destroy his credibility: If he was not successful, not only his political future was at stake, also all the years he had served the Kenyan Government and its President had been in vain.

A President he and me had believed in being honest and sincere when also he promised the revival of the Molasses Plant several times and again during a Harambee Function in Kisumu on June 22, 1988, not only in his presence but also in the presence of Dalmas Otieno as the new Minister for Industry.

His sister Dorothy Randiek whom I had met several times in Kisumu, called me when the Gicheru-Inquiry had been stopped by the State, i.e. Moi, in 1992. She told me that she was sure her brother had been killed by these people (Biwott, Oyugi) and also Moi had given his consent.

Her brother had confessed to her that he had during the last weeks of his life tried to compile his own information and files using some of the information I had given to him, but also doing his own research.

If it is true that he was willing to disclose also these private details about Moi and Biwott’s involvement in it, it clearly demonstrates how desparate Dr. Ouko must have been and how far these people have pushed him.

I knew that Dorothy was very close to her brother and therefore he had trusted her more than anybody else.

She was convinced that he may have spoken during his investigations with the wrong people - people who then may have sold themselves to Moi and Biwott and with this signed the death sentence for Dr. Ouko.

Definitely, he trusted first the people who came to him in the night of February 12, 1990, that they would bring him to meet Moi and realized too late that they had come to kill him (according to several witnesses Biwott was there even himself).
And I even believe the witnesses that it was Biwott himself who pulled the trigger. This fits into his character: he would not have left the “pleasure” of getting rid of his enemy (Dr. Ouko) to somebody else.

Fact is that the only person who ever gave an exact date for Dr. Ouko’s death (February 13, 1990) is Mr. Biwott. Whereas not even the Forensic Experts of Scotland Yard could determine the exact date (between February 12 when he disappeared and February 16 when his body was found).

So the question arises: How does Mr. Biwott know – was he present as some witnesses claim?

But of course, even then there is still the question of the “Mandatory” who had given the order or at least has allowed this to happen since even a man like Biwott would not have done this on his own.

When I spoke with Dr. Ouko before he got killed, he asked me to promise to go into the open if something happens to him.

Dorothy told me that he mentioned to her also that even though he is expecting Biwott and Oyugi to play the active part, she should not forget that even they act only on a "mandate" basis...

Therefore it is interesting to know that after Dr. Ouko was killed, it was Moi who passed to me the instruction via his and my lawyer J.F. Addley to give all documents and information to the Scotland Yard Officers.

Moi and Biwott were convinced that they could manipulate the Scotland Yard investigations like they did with their own Police.

They came up with the suicide theory as it was now confirmed by Noah arap Too (CID Director during the Dr. Ouko killing) who is also sure that the killing had been set up by professionals since it was very well organized and executed...

But they did not expect to be confronted by serious people like John Troon and his team and Dr. West, the Forensic Expert of Scotland Yard.

So the next step had to go into force: get rid of any witness who could become a danger, like Oyugi to be followed by the Banker Mohammed Aslam, Kilonzo and many others – small and big.

And it does not even stop now as we know with the killing of the CID-Officer assigned to the Inquiry, the doubtful car accident of Prof. Ogada, the untimely death of Dorothy Randiek and Eliah Mwangale who died exactly the same day when I mentioned his name as the one who had organized the meeting on their behalf with Aslam...

Also John Troon was a target since he had come too close to the truth. Only thanks to his wife who was in Kenya at that time, did he survive a poison attack – but Moi and Biwott reached their goal: Scotland Yard called him back...

The rest was easy: Setting up and dissolving the Gicheru-Commission (by the State, i.e. Moi), separating the investigations on the corruption surrounding the Molasses Plant and therefore also Dr. Ouko’s killing in setting up another Inquiry (which never even took off as Mr. Chunga now has confirmed) but already with its pure existence served its goal: no investigations into the corruption claims.
Even the so-called “arrest” of Biwott and Oyugi by the State (Moi) was just a big farce and seen as that by all Donor Countries. IMF and Worldbank who closed their valets for any financing during the next years.

But they were clever: together with their servants Prof. Saitoti and Pattni they had already found the solution to their problem "how do we increase our bank accounts": the Goldenberg Scam had been created. So they continued to fill their pockets with even more money than before.

Who cared about a man like Dr. Ouko? And who about the fact that the ordinary Kenyans were suffering and still do?

To keep me quiet, Moi told Addley that he would "be happy" to receive me after the investigations have been concluded and he would make sure that I could continue working as a Consultant for him.

At the same time I received death threats also regarding my daughter. I left Switzerland but my conscious was not at ease.

Although it seems, Moi, his children and even everybody close to him are "off-limits".

This refers also to Prof. Saitoti – he is implicated in connection with the Dr. Ouko Inquiry, in the Goldenberg Case etc. – but also he cannot be questioned – before protected by Moi and now also by Kibaki...

But the most sensitive issue which I had promised not to touch was any information I could give regarding the private life of Moi.
This refers mainly to the Ugandan girls which Biwott organized and kept at the disposal of the former President, mainly at Nakuru State House, but also at Kabernet Garden.

These girls (normally 3 of them to make sure that at least one was always “available”) were kept after arrival in Kenya under “isolation” until their clean health status was confirmed.

Dr. Ouko also knew about them like some other “insiders”. He told me once about the rumours he had heard that in the beginning one or two of these girls got pregnant and this was quite embarrassing for Moi.

It was therefore decided that they not only had to undergo the clean-health examination but also were sterilized to avoid similar problems in the future.
And as Biwott told me once: he was not only selecting them, but also “trying” them before passing them to Moi. I should therefore not even dream about being able to “compete” with them …. I found his remark quite disgusting and also told him.
This was a time when Biwott was used to spend mainly the evenings with Moi where he had the possibility to distribute his versions of the past day’s incidents, information he had collected on certain people etc. and then could influence any decision to be taken.

Biwott was a Master in controlling the mind of Moi, always giving him the impression that he (Moi) was making the decision when in the reality Moi was at the end only following Biwott’s suggestions and advises, maybe even not realizing how he was manipulated.

Biwott had set up his own Spy-System with the help of Kivuvani who had been posted from Special Branch Mombasa to Nairobi. Biwott was always the first to know and therefore could influence the information Moi was finally getting.
And with having planted “his” people like Kiptanui, Oyugi and then also Kulei as the closest Aids who spent all the day with Moi before he came in the evenings, he was sure to be in “total” control.

Biwott knew and used the knowledge that there is one major drive in Moi’s life:
The image Moi has tried to create about his morality and clean private life which for the public is based on a strong religious foundation.

Like Gor Sunguh said in a quite unusual outburst when he was frustrated with my evidence “yes, there is a nice old man, going to church every Sunday with the Bible in his hands and this is the image he wants us to believe.”
This clean image had to be protected by all means.

As it was now confirmed that Kivuvani had issued a Circular Letter to all Special Branch Offices never to allow a written report about Moi and his children to be filed. The private life of the “first” family had been declared top secret …
This is in contrast to any normal procedure and one may ask the question: what do they fear and what do they have to hide?

Here it is also interesting that after his wife had left him, Moi took their children. But since he did not have time nor patience, they were mostly left to Biwott. Biwott then even used them to convince companies about his close relationship with the President. Mainly in the early 80’s when he was not yet known among business circles and had still to establish his “reputation”.

We were told during meetings held in Milano in 1989 also in the presence of Dr. Ouko that Biwott introduced the sons and told the companies (mainly Italian like Recchi-Astaldi, Cogefar etc.) that they had to give $ 50.000.—to the sons (he mainly used Philipp) and the father (President Moi) would sign any contract they wanted.
This was the “education” Biwott was giving – but without a caring father this was easy…

Into this fits also an incident I witnessed during Jennifer Moi’s wedding: her mother Lena tried to participate at the Ceremony although she had not been invited.
Moi was told about this and instructed his Security to prohibit her from entering the Compound. Lena had to leave without having the possibility to see her daughter.
It was therefore disgusting to see “the grieving husband” when Lena Moi died last year.

He did not care about her and did not speak to her during the last 28 years and now has the face to try to convince the public how much her death means to him ….

To keep any information about his private life and also about his family out of public eyes, is mainly part of the fact that it is impossible for Moi to acknowledge the dark sides of his own character, i.e. using on one side Ugandan prostitutes in his private life, keeping and using men like Biwott, Oyugi, Kulei etc. and accepting and even supporting a thriving corruption in his political life.
The latter has helped him to build up a wealth which even for the brightest imaginations is unbelievable. For example: After Dr. Ouko was killed, British, American and German Newspapers mentioned that Moi had between 6 – 8 Billion Dollars stashed abroad (considering today’s exchange rate: between 600 – 800 Billion K.Sh.).
This was even more money than Mobutu, the former President of Zaire, and who before was always regarded as the most corrupted of all African Rulers was known to have.

And the amount mentioned in connection with Moi above only referred to foreign Bank Accounts and Properties. Here he used mostly Mr. Addley from Kaplan & Stratton as his Proxy and sometimes also Kulei.

The ones in Kenya could not be considered at that time because here Moi’s name almost never appeared (here he was also using mostly Kulei and also A. Kiptanui as his proxies). Most of these properties and companies have during the last years been transferred to his children and/or their proxies …

Taking all this into consideration, you could easily talk about min. 50 % more, i.e. between 9 – 12 Billion Dollars or 900 – 1.200 Billion K.Sh.)
By the way, Biwott as the second on this list, was estimated at that time to have “collected” between 2 – 4 Billion Dollars. Also in his case, I would estimate the amount at the moment to be minimum double …

The Kenyatta family was estimated to own Properties and Accounts of the same amount like Biwott, i.e. Moi had been more clever during his rule than them …. But he also had had double the time than Kenyatta …

But all this had to be protected and anybody endangering it had to be eliminated like Dr. Ouko. Because with him they confronted a man with impeccable character and highly considered reputation and therefore a real threat for them.
Only solution: get rid of him.

And Moi was even lucky: after they killed Dr. Ouko and the riots in Kenya started, political wars started around them: Gulf War, Somalia, Rwanda etc. And Moi took advantage of the situation: since the Americans and also other Western countries did not want a destabilized Kenya (and another problem), the stopping of the Dr. Ouko Inquiry in 1992 was silently accepted by them.
Even the British Government accepted although they had exposed themselves before in sending there the Scotland Yard Detectives.

And when the financial situation was becoming more difficult, the Goldenberg Scam went into force and the money started to “flow” again (into their own pockets) since this was the most important factor.

Who cared about the People and their suffering? Here the explanation that the Donor Countries had closed the financing valets, came quite handy ….

And they also used this situation to “clean” the Kalinjin Area, i.e. Kikuyus and here mainly land owners had to disappear, i.e. more than 100.000 people were “re-located” and almost 2,000 died during this period.

But time has changed. Moi is not President anymore and needs to protect his and his children interests. He wants to die as a respected man and works very hard on this new image.

And here we also come to the reasons why Moi now tries to separate himself from Biwott: The man endangers his peaceful retirement and therefore has to be eliminated at least from active politics.

He knows Biwott is used to power. One says, power is even more corruptive than money. And Moi knows, Biwott cannot live without having the power he got used to when working for him.

On the other hand, Moi feels safe with Uhuru Kenyatta because here is a Member of a family which had to face the same problems before like he does now: surviving and keeping the wealth accumulated. The Kenyatta Clan has proved to be very clever and gives therefore Moi a good example how to handle this otherwise difficult period.
He also feels safe with Kibaki because Kibaki was part of his own team for such a long time (I am sure, they share some dark secrets in their common past…) - best proof: although Prof. Saitoti is heavily implicated for the corruption during the Moi Regime and for his involvement in the Goldenberg Scam, Kibaki is still keeping and protecting him in the Government.

Being Minister for Education, Saitoti even controls one of the most funded portfolios because this is a Sector most Donor Countries continue supporting.
Moi therefore knows that Kibaki will never allow that somebody and not even the Courts will touch him which was just now confirmed when Moi and his children could not be summoned to give evidence in the Goldenberg Case.

One strong reason for this more than doubtful decision: also Kibaki wants to enjoy his retirement without being made responsible for any wrongdoings during his rule. He therefore sets a valid example for himself.

Underlined is this by the fact that Kibaki supports Moi in creating a clean and good image in the eyes of the Kenyan public.

The same people who had voted against him, now have started to admire Moi. He is so clever to restrict his public appearances to functions like weddings, funerals etc. – occasions therefore where reading from the Bible is coming handy and everybody sees him as the devoted Christian.

And Kibaki with bad governance and increasing corruption of his own, is nicely playing into Moi’s hands.

So, Moi feels safe – at least for the moment

Last but not least, I come to Nicolas Biwott, for many – if not for all – being the active part in the Dr. Ouko killing.

Also regarding him I had to leave out for my own security certain details mainly in respect to his special relationship with Moi.

I am therefore giving in this declaration some additional information which may help to understand him and the power he had on Moi better:having known Biwott since childhood, Moi always knew that he could “trust” him, at least as long as he deemed him to be useful.

He knew about the ruthless and cruel part in Biwott and one could even say that Biwott is representing in the true meaning of the word the dark side of Moi’s own character: Everything Moi would have liked to be and do, but did not allow himself to admit, Biwott was and did …

And knowing this (Biwott is not stupid), it gave him also the power on Moi.
So Biwott was on one side the perfect servant and on the other side he was the dark Angel of Moi’s life whom he needed.

Biwott was always there to do all the dirty jobs because it was even giving him pleasure to do it without ever feeling any shame or guilt.
In having trusted Biwott and even having given him the possibility to “organize” his private life, they both formed such a strong alliance that nobody dared to come between them.

This bond was not even much damaged when Biwott entered into some dangerous dealings with certain Mafia circles at the coast:

In 1979 the American 7th Fleet started to use Mombasa as a base and sometimes 10.000 upto 30.000 people needed entertainment (prostitutes). Some clever people found out that this could become a thriving business.

First the rules set up by all hotels at that time not to allow prostitutes inside, had to be changed since mainly the higher Officers used to stay in Hotels.

Then, the question how and where to get the big number needed had to be solved.
The right connections were also needed. One was William Kivuvani, Special Branch Mombasa, and close friend of Simon Mbilu, Commander of the Kenyan Navy. Kivuvani had a powerful friend in Nairobi: Nicolas Biwott – at that time Minister of State, Office of the President.

Together they set up the Center in the New Florida Club (they even managed the gambling licence for it).

They also solved the problem how to get the increasing demand covered: In Uganda certain political internal problems came quite handy and since a lot of Ugandans had to flee the country amongst which many beautiful girls who needed to make money to support their families, also this problem was solved easily.
When rumours reached Moi, Biwott had an excellent idea: he introduced the most beautiful girls to Moi and made sure that the “supply” was satisfying all needs.

Latest from that moment onwards, Moi was completely in Biwott’s hands.
These special girls were exchanged on a regular basis and being Ugandans could be threatened to have to leave the country if they talk. This would not have been possible with Kenyan girls.

After this, no question was raised anymore.

Kivuvani was later even promoted and became one of the bosses of Special Branch Nairobi and the most important source to receive first-hand information for Biwott. Kivuvani even got married to one of the Ugandan girls (Simon Mbilu was a witness and showed me the picture of the ceremony).

In this connection I also recall an incident which almost stopped this “business”. A girl was killed by one of the Americans – but then with a lot of diplomatic pressure, the matter was settled. The American was not put before a Kenyan Court but was given to the American Navy instead.

I remember, Dr. Ouko was also Minister for Foreign Affairs at that time and he had to accept this decision against his own belief and sense of justice.
But also this incident together with the details about the private supply of the Ugandan girls to Moi was still in his memory and he told me, the knowledge of it could one day become useful …

Another mistake he may have made since his sister Dorothy told me that he also had compiled a file on this case which he took to Kisumu before he got killed.


Conclusion:

Taking into consideration all the above information you will find the real reasons why Dr. Ouko had to be killed:

Moi and Biwott knew that Dr. Ouko had been able to collect not only information about the corruption the disclosure of which they both feared.

But regarded especially by Moi as more important was the danger that also details about his private life which nobody should know about could be told by Dr. Ouko.

Considering everything said before, you will agree with me that Moi is not the innocent man as he tries to convince the public now. And this applies not only to Dr. Ouko.

Like in the Goldenberg Case where he says that only the Ministers and other Officials are guilty and that he did not know about it since he never gave his consent in writing and there are therefore no documents showing that he agreed.

This is total Nonsense since we all know that Moi hated to give written Statements and Orders. Most of it was done verbally and sometimes even just by a phone call. Maybe because like this, there are no proofs and he can continue denying his involvement.

Does he really think that people believe this?

If it would be true what he says, he would have been a “Puppet-on-the- Strings” President dancing to the tunes of others (like Biwott’s).

But the reality is different:

The Constitution gave Moi all the power and he misused it and now he is hiding behind the same Constitution which he abused so many times saying that his Cabinet Members are responsible not him.

He should finally accept that as President of Kenya and Head of the Government he had appointed these Ministers – and therefore is responsible and guilty the same way they are.

The same law applies to everybody – even to Mr. Moi and he and also Mr. Kibaki and any other President in the future should accept this.

I would therefore give him the following advise: “go and confess your sins and stop telling others to carry their (and your) cross..”

But I do not expect him to have this decency and courage. On the contrary: he will continue putting the blame on others.

I am even expecting that he will do the same in the Dr. Ouko case – I just wait for this moment to come and for sure one name will be mentioned by him: Nicolas Biwott ….

I expect Moi to tell us that this was the real reason why he decided that Biwott was not the right man to lead Kanu and he can even demonstrate that he had already taken distances from him ….

I only hope that the People in Kenya will not fall into this trap since they should realize that even a man like Biwott was only doing what he was told to do – maybe sometimes more than that – but always with the last approval of Moi.

This was definitely the case when they decided to kill Dr. Ouko and all the other witnesses whose deaths still have to be investigated.

I do not want to influence Kenyan politics and therefore prefer to quote at the end of this declaration some comments Mr. Mutula Kilonzo has made in letters written to me on this subject but which – as I have to admit – also represent my own feelings.

I hope, he will forgive me for disclosing them here.

Regarding Raila Odinga, Mr. Kilonzo says:

“I, for one, think that he (Raila Odinga) can make a good President although the potential for him becoming captive of his own community is worrisome. I also do not like this attitude towards private property.”

Regarding Uhuru Kenyatta, Mr. Kilonzo says:

“I do not think Uhuru’s lack of experience is of much concern. This country needs a new broom coming from outside the mainstream elitist politics. My concern regarding Uhuru remains that among all potential candidates he is the one most likely to become captive (like Kibaki) not only to his own community but also beholden to those who have contributed to the country’s economic downfall, corruption and the wealth/poverty divide.”

Mr. Kilonzo then explains that the word “community” used in his communication refers to tribalism.

Regarding Biwott, Mr. Kilonzo says:

“The issue of the possibility of Biwott becoming the President of
Kenya (or influencing such outcome) is in fact the most interesting. The fact that the current Government and its henchmen (and the mainstream media) can consider promoting and sponsoring him to become Chairman of Kanu speaks volumes on their pretended commitment to anti-corruption, good governance etc. - My information is that Uhuru is also enjoying similar sponsorship for different reasons. –

Mr. Kilonzo then continues: “Although, according to you, I am perceived merely as Moi’s lawyer, I am proud to know and say that I carry no one’s bag, not even Moi’s ….”

In another letter Mr. Kilonzo then says:

“….if somebody like Uhuru Kenyatta or Biwott is elected, I believe they will have nothing to offer except money, tribalism and sleaze ….”
End of the Quote


Finally, I want to assure Dr. Ouko’s Family and you that I will not give up hope that one day we will get to know the whole truth. Only then Dr. Ouko can finally rest in peace.

I am sure that he will remain forever in the memory of the Kenyan People as "A Shining Star in Darkness".

Signed: Marianne Briner-Mattern

Kumekucha interviews Marianne Briner