Who was behind the Artur brothers?

Three years ago today, in a bizarre attack that has yet to be explained, this paper’s offices were attacked, its staff assaulted and valuable property damaged by State agents.

The purpose and rationale for this "Government operation" (as it was described by the then Internal Security Minister) remain a mystery to this day. Also shrouded in mystery is the larger saga the raid was part of, involving the so-called ‘Artur brothers’.

An attempt by Parliament to get to the bottom of the matter in joint select committee hearings was hampered largely due to police stonewalling, as Justice Minister Martha Karua fought for all investigation to be deferred to a commission of inquiry ordered by President Kibaki. She blocked a Motion to allow the joint team to gather evidence in public hearings. Three senior police officers later asked to testify before the committees on Administration of Justice and Legal Affairs (led by Mr Paul Muite) and National Security and Local Authorities (led by Mr Ramadhan Kajembe), refused to do so, hindering that line of inquiry.

As for the commission of inquiry headed by former police commissioner Shedrach Kiruki, its findings are yet to be released officially. Those who have seen it, however, say it concerns itself largely with the "amateurish" policing of matters involving the Arturs — from Interpol warnings about the con men and reactions to reports of robbery with violence, to the airport gun incident that led to their deportation.

The key political question of whose patronage Artur Margaryan and Artur Sargasyan enjoyed is not asked or answered.

Political patronage

Given the finding that the Arturs and their associates had unlicenced firearms and ammunition, committed several violent robberies, handled stolen goods, forged documents and evaded taxes, this is not a minor question. If public officials worked in cahoots with these criminals at the behest of higher offices, this must be made public.

Despite the refusal of key witnesses to co-operate, the parliamentary team gathered damning details about the involvement of Government officials in the saga. They conclude a Cabinet minister, John Michuki, and others are unfit to hold public office. The report recommends investigations into actions by Michuki, Head of Civil Service Francis Muthaura, former presidential Strategy Advisor Stanley Murage and former Criminal Investigations Department Director Joseph Kamau. Of these, Kamau is said to have been cleared of any wrongdoing by the Kiruki probe despite the fact that the Standard raid was conducted by a unit answerable to him.

The report calls for a probe into the Artur’s links to PNU activist Mary Wambui, her daughter Winnie Wambui, and businessmen Raju Sanghani and Kamlesh Pattni. It also recommends finding out what President Kibaki knew about The Standard raid.

These questions — and the report — we hope, will some day be debated in Parliament, helping shed light on one of the darkest incidents for the local Press.

Privately, through the courts and other channels, the Standard Group continues to seek answers. Our dismay at the lack of progress in unravelling this mystery is informed by the continuing climate of hostility towards the media from parts of Government.

While the last few years have seen a trend towards greater freedoms, the March 2006 incident and such developments as the passing of a restrictive Communications Act that retains draconian ministerial powers to conduct similar raids, are signs the battle is yet to be won.

Conspiracy of silence

The parliamentary team complains of a "conspiracy of silence and non-cooperation", with State agents trying to ensure this matter is never fully explained. Such stonewalling, and the spectre of a Government cover-up that it raises, does the nation no good.

The Arturs’ saga is evidence of parts of Government run amok. It may well be that actions have been taken to forestall such politically protected criminality, but only a full public accounting for the security failings and the questionable political decisions will put this circus behind us.