What did Jonah Anguka know about the killing of Ouko?

On Monday 24th September 1990 the British New Scotland Yard detective John Troon delivered his ‘Final Report’ on the murder of Foreign Minister Dr Robert Ouko, to the Attorney General, Mr Justice Muli, in Nairobi.

It has often been written and said, and is widely believed by people who clearly have not read Troon’s ‘Final Report’, that in it he accused individuals – Hezekiah Ouyugi, Nicholas Biwott and Joab Omino – of Robert Ouko’s murder: he did not.

Troon’s report was as he stated ‘not fully complete’, and it was inconclusive in its conclusions.

What Troon actually called for in the ‘Final Report’ was ‘further investigations’, ‘Additional full enquiries’ and ‘further interviews’ to ‘either further endorse or eliminate some of the lingering doubts experienced at the present time’.

In the penultimate paragraph of his ‘Final Report,’ Troon stressed that these enquiries would ‘need to be conducted with diligence and total impartiality’.

Some chance: the investigations in Dr Robert Ouko’s murder had not been conducted with due diligence or impartially by Troon, nor were they ever to be so again.

THE GICHERU PUBLIC INQUIRY

Just six days after Troon delivered his final report President Moi announced a Public Inquiry into Ouko’s murder to be chaired by Court of Appeal judge MrJustice Johnston Evans Gicheru.

It has been claimed that setting up of the Public Inquiry was a last-minute response by President Moi to, quote, “buy time” after he received Troon’s Final Report. But evidence that came to light in 2004 belies this idea.

The evidence comes from a confidential telex sent on the 23rd April 1990 from the British High Commissioner Johnny Johnson in Nairobi to the Foreign and Commonwealth Office in London, to be passed on to Commander R. Penrose in New Scotland Yard. It suggests that an inquiry was being considered months before the hearings in front of Gicheru began.

In the telex it was reported that Bethuel Kiplagat, the Permannet Secretary in the Ministry of Foreign Affairs, had told Troon that there would be an inquest into Dr Ouko’s murder that might last several months at which Troon himself would be expected to give evidence.

‘Kiplagat went on to say’, Johnson rote, ‘that before the formal inquest there will be a meeting at which senior judges will review the Scotland Yard investigation, presumably to make quite sure no surprises emerge at the inquest’.

Was this the ‘inquest’ that became the Commission of Public Inquiry a few months later? Were these the same judges who oversaw the Public Inquiry? And why would the judges have to see the evidence before the inquiry even began? If so, could the Commission of Inquiry therefore be impartial?

In setting up a Commission of Inquiry President Moi followed a precedent set in the 1982 investigation into allegations against Charles Njonjo following the attempted military coup.

This was the American view set out in a confidential telex sent from the US Embassy in Nairobi to the Secretary of State in Washington on the 4th October 1990:

‘The Commission of Inquiry has broad powers to make its own rules. For example, the Njonjo Commission asserted that it was within its power to disregard the rules of evidence and go on “fishing expeditions” if it thought such was warranted...’

The Gicheru inquiry also allowed hearsay testimony, as in effect Troon had done.

By “disregarding the rules of evidence”, allowing hearsay testimony and going on “fishing expeditions” the Gicheru Inquiry undermined its credibility. What chance now of a ‘diligent and impartial’ investigation?

The inquiry did allow the cross-examination of witnesses but several key accusatory witnesses did not appear and were therefore not cross-examined.

Dr Robert Ouko’s brother Barrack Mbajah, the source of the Washington Trip theory fled to the United States several days before he was due to give testimony to the Inquiry.

Marriane Briner-Mattern and her partner Domenico Airaghi, directors of BAK supposedly, the authors of the Kisumu Molasses corruption theory, were also absent from the proceedings.

JAMES ONYANGO K’OYOO

The Public Inquiry’s proceedings between October 1990 and November 1991 were extensively reported in the daily papers but in truth, as it dragged on, there were few earth shattering revelations.

But there was one witness whose testimony changed dramatically - James Onyango K’Oyoo – described by The Weekly Review as “One of the most sensational witnesses so far”.

K’Oyoo’s father farmed land near to Ouko’s Koru farm. K’Oyoo himself said he was a friend of Dr Robert Ouko and one of his youth campaign managers during the 1988 election.

In March and April 1990 K’Oyoo gave two written statements to the police. Neither made any mention of a possible motive for Ouko’s murder, or of who may have killed him.

Over a year later when he began giving testimony to the Gicheru Inquiry, his story remained the same.

But suddenly K’Oyoo made a plea to the Commissioners for his protection. There after his story changed completely.

Now K’Oyoo alleged that Energy Minister Nicholas Biwott, a name he had never mentioned before in a written statement, had opposed Dr Ouko over the revival of the Kisumu Molasses plant.

K’Oyoo’s testimony was essentially a variation of the allegations first made by Briner-Mattern and Domenico Airaghi, the so-called ‘BAK directors’.

K’Oyoo was later arrested (in November 1991) and made two further written statements to the police. Exactly why the police took an interest in him is difficult to ascertain but his story did raise questions.

First there was the curious case of his visit to Switzerland and London, three months before Dr Ouko was murdered.

K’Oyoo was at that time a personnel clerk at the Post Office on a salary of Ksh2,400 per month but he was a fortunate man In a written statement K’Oyoo explained.

‘DR. OUKO helped me get a passport and a visa from [the] Swiss Mission in Nairobi... I then applied for foreign exchange allocation... The money which was allocated to me was £1,250 which was about K.Shs. 40,000/-... The late DR. OUKO gave me about K. Shs. 28,000/= (twenty eight)’.

Thus a 2,400 Shilling-a-month personnel clerk got hold of what today would be just over Ksh1,000,000 to go on holiday to two of the most expensive cities in Europe and The Minister of Foreign Affairs arranged his visa and passport in just two weeks.

On the 16th November1989 K’Oyoo left Nairobi to fly via Rome and on to Zurich where he had a several-hour stopover, and then to Geneva where he spent three days.

BAK’s Zurich office was only 25 kilometres from Zurich but K’Oyoo denied visiting the ‘BAK directors’: ‘Throughout my visit to both Switzerland and United Kingdom... I did not see MARIANNE or AIRAGHI’.

In Geneva K’Oyoo said he had hoped to meet Kenya’s Ambassador to the UN Professor Thomas Ogada, the man who a few months later was to deliver the file from Marianne Briner-Mattern to the British police on which Troon, in part, based his Kisumu Molasses corruption theory, but Ogada was away.

K’Oyoo then flew to London to stay with relatives, a Mr Jacob and Mrs Ruth Ogembo, his niece (who coincidently were related to Robert Ouko’s mistress, Herrine Ogembo).

K’Oyoo said he found out by chance that President Moi and a Kenyan delegation were in London at the same time staying at the Hilton Hotel where he said he ‘met many members of [the] Kenyan delegation... at the London Hilton Hotel where they were staying... including my boss MR. ARAP NG’ENY’.

Over the last week of Ouko’s life K’Oyoo was desperately trying to contact him seemingly to ask him to intercede with Arap Ng’ny to help him get his job back after K’Oyoo had been suspended for obtaining employment by false pretences.

On 4th February K’Oyoo went to the airport to meet the Presidential Delegation landing back from Washington.

‘We saw the Minister driving away and his bodyguard saw us and signalled him that we are around’, K’Oyoo attested. ‘The Minister stopped a bit and waved to us. He asked us to see him the following day after work’.

K’Oyoo said that ‘On 5th February 1990 I went to see the Minister in his office after 5.00pm and found that he had gone home’ and that ‘On 6th February 1990 I called his office and insisted to talk to him and I did talk to him. He asked me to see him at 2.30pm. That day I did not see him because I went late at 4.00pm. I was told he had left for Kisumu’.

Yet in a later statement K’Oyoo said he did not talk to Dr Ouko at all at this time. And how could he have spoken to Ouko on the 6th February and arranged to see him that day in Nairobi when Ouko had left for Koru the day before?

K’Oyoo then tried to pass on a message via one Eric Onyango, a friend of both Ouko and K’Oyoo. Exactly what that message was he didn’t say.

On Wednesday 14 February K’Oyoo said he spent the day frantically trying to get news of Dr Ouko’s whereabouts after a friend Eric Onyango had told him he had received a call from Mrs Ouko who was concerned that her husband had not reached home.

K’Oyoo said he called and later went to Dr Ouko’s office at the Ministry of Foreign Affairs at about 12.30 on the 14th but made no mention of meeting Jonah Anguka, Ambassador Vincent Obare or Professor Thomas Ogada (Kenya’s UN Ambassador whom K’Oyoo had tried to see in Geneva) who were by various accounts in the office at ‘lunchtime’ that same day.

Later that evening K’Oyoo went to Mrs Ouko’s home in Loresho and in the early hours of the next morning was driven with her to the farm in Koru.

They reached Koru some time after 4am where “upon arrival”, according to Jonah Anguka, K'Oyoo telephoned him so that DC would know where to reach them “in case of developments”.

K’Oyoo’s testimony is very similar in character to two other witnesses, Dr Ouko’s brother Barrack Mbajah and the DC for Nakuru Jonah Anguka, in that it’s very detailed, up to a point.

K’Oyoo precisely recalled who he met, where he met them; what time it was; the telephone numbers he called; the make and even the registration of the cars he was in, until, that is, his account of the 13th February, the day that Ouko was murdered.

In four written statements where he recalled the events of the 12th, 14th, 15thand 16th of February, 1990, K’Oyoo’s testimony amounts to some 1,518 words.

But about the day in between, the day that Dr Robert Ouko was murdered, K’Oyoo’s testimony contains just 10 words: “On 13th February 1990 I did not see Eric Onyango”.

That was what K’Oyoo did not do on the 13th February. No one seems to have asked him what he did do that day, or where he was.

Based on his own testimony James Onyango K’Oyoo does not have a sufficient alibi for the day that Dr Robert Ouko was murdered.

James Onyango K’Oyoo was arrested on 26 November, 1991. He was released a week later when according to the Kenya Police it was clear that there was no evidence to connect him with the murder of Dr Robert Ouko.

TROON RETURNS

Troon, now retired from New Scotland Yard, began giving testimony to the Public Inquiry on November 6th, 1991. There, over a period of several days, he read out his entire Final Report which was duly recorded word-for-word in the newspapers.

Troon was now under rigorous cross-examination for the first time. On the 21st November he suddenly announced that he had to fly to London. He never returned.

ARRESTS

On the day that Troon flew back to London Moi sacked Energy Minister, Nicholas Biwott.

On the 26th November just as Hezekiah Oyugi was about to give his testimony, Moi announced that the Public Inquiry had been dissolved. He now appointed a team of Kenyan police officers to conduct ‘Further investigations’ into the death of Dr Robert Ouyo ‘as recommended by the Troon report’.

Later the same day Oyugi, Nicholas Biwott and the DC for Nakuru, Jonah Anguka, were arrested. Also arrested were James Onyango K’Oyoo; Administrative Police Inspector Ajuoga; Ouko’s maid Selina Were; Ouko’s lawyer George Oraro; banker Paul Gondi; Ouko Reru, Dr Ouko’s cousin and campaign manager; and Koru farm worker Philip Rodi.

All those arrested on the 26th November were released within a fortnight.

JONAH ANGUKA

But on the 10th December, Jonah Anguka, the DC for Nakuru, was re-arrested and formally charged with the murder of Dr Robert Ouko.

Troon did not interview Anguka. He had tried to on a visit to Nakuru but Anguka said he was in a meeting and could not spare the time.

Nor did Troon mention Anguka as a suspect in his Final Report but by the time he gave testimony to the Public Inquiry his view of Anguka had changed.

Troon told the Public inquiry, ‘I thought his actions on my arrival in Kenya in the first 48 hours or so would appear to me to be there is a possibility that he may as well have been planted in to found out what I was up to… And the only person I think could probably have done this must have been Mr Oyugi’.

The Kenya Police’s Further Investigation Report set out the alleged ‘evidence gathered against’ Anguka.

Anguka they said, could not explain how his official car had covered 270km on the 12th and 13th of February.

Anguka’s driver had gone to collect him at 7:30am on the 13th but unusually he didn’t wake up until about 9am.

An Administrative Police officer at the gate said he arrived home that morning at 5am. Anguka said he was home all night.

The Kenya Police claimed Anguka ‘summoned’ the APs and told them to say he was at home every evening of the week running up to Dr Ouko’s murder.

And they said he gave no reasonable explanation why he travelled to Koru after the announcement that Dr Ouko was missing.

Then there was the curious episode of Anguka’s visit to the Ministry of Foreign Affairs the day after Dr Ouko was murdered.

On the 13th, the day that Dr Robert Ouko was murdered, Anguka asked Mohammed Yusuf Haji, his Provincial Commissioner, for urgent permission to go to Nairobi the next day.

Anguka said he went to see Permanent Secretary Bethuel Kiplagat to request that his wife Susan, Dr Ouko’s Personal Assistant, be transferred to Kenya’s embassy in West Germany.

THE TRIALS OF JONAH ANGUKA

Jonah Anguka was to face two trials over three years, the first terminated because of the death of the trial judge.

At the end of Anguka’s second trial Mr Justice Aganayana accepted Anguka’s alibi that on the evening before Dr Ouko disappeared he returned home where at about 12.30am he was massaged by his nephew Otieno Odotte:

"... I wouldn't be convinced that after being massaged by Oddotte at 12.30 am he (Anguka) would have left the house, gone to Koru, removed the deceased from the house, taken him to some place where he was shot and then brought him to the scene and set his body on fire during that night, then went back to his house to be ready for duty at 7.15 am…”

Jonah Anguka was found “Not guilty” on the 29th July, 1994.

ABSOLUTE POWER

There, again, the Ouko murder story might have fizzled out. But it was Anguka himself who re-ignited it.

After his acquittal Anguka fled to the United States where he was granted asylum. There he completed work on a book, Absolute Power, his account of the Ouko murder story, in which he pleaded his innocence and pointed a finger at Oyugi and Biwott and President Moi.

Anguka’s account was in turn examined in 2004 in a book The Risks of Knowledge, written jointly by Professors’ David Cohen and Otieno Odhiambo.

They noted that Anguka was “here, there and everywhere from virtually the first hours of Ouko’s disappearance”.

He was at Koru when his wife Susan rang to say Ouko’s body had been found.

It was Anguka who burst into the room and told Mrs Ouko that her husband had been found dead.

He was at the scene when Dr Kaviti examined Ouko’s body.

And Anguka escorted Troon to Koru where he showed the Scotland Yard team around both the murder site and Ouko’s Koru farm home.

But for Odhiambo and Cohen what they called Anguka’s “range of fertile silences” and his “partial and selective presence” in Absolute Power, were revealing.

Anguka did not mention that he met Troon at the airport and took him to see Hezekiah Oyugi saying he would oversee the investigation.

He didn’t mention that he attended the autopsy conducted by Dr Iain West and in the evening took Troon and West to Oyugi’s house to report on their findings.

Nor did he mention he acted as translator for Troon at Koru even though an official translator was at hand.

And when it came to his close relationship with Hezekiah Oyugi, Anguka’s ‘silence’, they wrote, ‘was almost deafening’.

On Anguka’s story in Absolute Power Professors Odhiambo and Cohen concluded:

‘These may be the moves of an innocent person… But they were not the moves of an innocent author.’

They ended with a question: ‘But what did Jonah Anguka know, and what did he hide?’

Martin Minns produced the documentary Murder at Got Alila: Who killed Dr Robert Ouko and why?