Kimunya risks arrest after snubbing railway probe team

Former Transport minister Amos Kimunya risks arrest if he fails to appear before a parliamentary committee investigating the controversial standard gauge railway deal.

The Public Investments Committee (PIC) threatened to have Mr Kimunya arrested after he declined invitation to appear before it on Monday. Instead, he referred the team to pronouncements by President Uhuru Kenyatta on the Sh448 billion project.

“We should have him arrested if he fails to comply…this committee under Article 125 of the Constitution enjoys the same powers as the High Court,” Sirisia MP John Waluke said.

Parliament had on January 23, 2014 written to Mr Kimunya to appear before the committee.

In his e-mail response declining to appear before the committee Monday afternoon Mr Kimunya said his appearance would be of no use given that the information sought related to documents not in the possession of private citizen like him.

“I also note from the media reports that the relevant government officials who have access to the information above, have already appeared before the committee, or as in the case of His Excellency the President, pronounced the government’s position on the matter,” Mr Kimunya wrote.

On Monday, PIC chairman Adan Keynan accused Mr Kimunya of “exhibiting arrogance” and directed the National Assembly Clerk Justin Bundi to issue official summonses to Mr Kimunya to appear before the team next Tuesday.

“Kimunya must by now appreciate the law having been a former MP and minister. I direct the secretariat to issue summons. If he had responded to us in a diplomatic manner maybe we would have given him another invite,” said the Eldas MP.

READ: Railway tender probe team cites interference

Kisumu Town West MP Olago Aluoch termed Mr Kimunya’s letter “derogatory and contemptuous” while committee chairperson Kimani Ichungwa wrapped it in with “This Kibaki (former President) ministers are arrogant.”

Mr Kenyatta last Tuesday summoned his entire Cabinet at State House Nairobi and defended the railway project that was awarded to China Road and Bridge Corporation (CRBC) through a disputed government-to-government arrangement.

The tender was awarded to the Chinese firm during Mr Kimunya’s tenure at the Transport ministry in 2013. Mr Kenyatta said the project will proceed despite concerns raised by MPs.

Nandi Hills MP Alfred Keter has questioned the tender, saying it was single sourced and overpriced.

The committee said Mr Kimunya should not hide behind President Kenyatta’s stance on the 609-kilometre line, noting this would only be binding to members of the executive.

“We are operating under a new legal regime. We shall independently investigate and come out with a report that is based on facts,” Mr Keynan said.

READ: State defends award of Sh1.2trn rail deal to Chinese firm

On Monday, Mr Kimunya’s predecessor at the Transport ministry Chirau Mwakwere informed the committee that he personally sourced CRBC to undertake the construction of the railway.

He, however, said his ministry did not sign any contracts with the Chinese contractor to undertake the construction of the Mombasa-Nairobi-Malaba-Kampala-Kigali/South Sudan rail line.

“What I signed is a non-binding memorandum of understanding that did not obligate us to award the tender to the firm,” he said.

The Cabinet, he said, approved the project and that due diligence was done on CRBC before the contract was awarded to the firm in December last year.

“I checked the firm in the Internet. This company undertook the high speed railway line from Beijing to Shanghai and had all the technical and financial muscle to build our modern railway,” Mr Mwakwere said.

He said he was aware of CRBC being blacklisted in the Philippines by the World Bank over corruption when he signed the MoU with the firm.

“The fact that the World Bank had blacklisted the firm in the Philippines did not mean that we can’t enter into a contract with it to undertake the railway [project].

The World Bank had in the past blacklisted Kenya for corruption but that did not stop companies or countries from trading with us,” Mr Mwakwere said.