Now that Jacinta Mwatela has been got rid of, it's worth reminding ourselves of the excellence of her public service.
According to evidence heard by the Goldenberg Commission, she fought the award of higher export compensation to Goldenberg international Limited, informed her superiors of the irregular nature of the transactions - at great risk to her employment - and endured intimidation and ridicule by her superiors as well as Paul K. Pattni. The Commissioners saw fit to commend her by name, and support her elevation to the Deputy Governorship of the CBK.
In 1991, for example, she drew her superiors' attention to the irregular operations of Goldenberg International Limited :
200. In a later memorandum, dated 14th November, 1991, addressed to the Exchange Controller [Exht. 72 pg. 59 ], Mrs. Mwatela, observed that: GIL had changed bankers several times, they had sustained pressure on the Exchange Control to urgently handle their cases, that apart from returns made through Citi Bank, those made through CBK were accompanied by requests for the amendment of sale contracts in foreign department, vague remittance instructions were continually being received without invoices or CD3 numbers, that KCB was continually relying on GIL to provide information while selling the funds to CBK, some of the purported exports were ineligible for export compensation, for instance gold bars 99.7% purity and that GIL was still invoicing in shillings, and finally shipping documents were unsatisfactory. She sought guidance from the Exchange Controller, who simply remarked: "Mrs Mwatela We talked. Please bring the discrepancies to their notice and require them to cease working on incomplete information. Warn them we will stop dealing with them if they don't conform."
Apparently, Pattni attempted to get her fired from CBK by reporting her to the then-President; he also attempted to destroy her reputation by claiming - absurdly - that he had offered, and she had taken a bribe. It was absurd because she could not have accepted the bribe as claimed for she was bed bound after an accident in which she broke her legs:
485. As for Mr. Pattni's evidence in support of the exhibit we again repeat that Mr. Pattni was given to melodrama, gross exaggeration and at times outright perjury. Furthermore this evidence was selective and tailored to "fixing" those with whom he had a bone to pick. The fact that Exht. 154P shows that Mrs. Mwatela was given money by Mr. Pattni is particularly offensive. Mrs. Mwatela was the lone voice at the Central Bank of Kenya which courageously and consistently opposed the fraudulent activities of Mr. Pattni and his accomplices. He himself acknowledged that he never got along with Mrs. Mwatela. There is even evidence which we accept that he threatened to cause her dismissal from the Central Bank.
486. It is therefore ridiculous and absurd to suggest that he would in the midst of all this resentment give her a bribe. Furthermore in concocting this evidence Mr. Pattni did his home work very poorly. At the time he alleges to have given Mrs. Mwatela money at his offices shewas immobilized following a road traffic accident during which she broke her legs. There are other examples which we have earlier alluded to which make Mr. Pattni's evidence without corroboration extremely suspect and unreliable. Accordingly his evidence in support of Exht. 154 P is worthless.
Mwatela personally notified Kotut, who would not protect her or effect her recommendations:
648. We earlier discussed the issue of foreign exchange being received in "an approved manner". Mr. Kotut dodged the issue and shifted responsibility to other officers. It is also in evidence that at one time when Mrs. Mwatela sought his protection from intimidation by outsiders like Pattni and one Kipsang, among others, Mr. Kotut was not decisive in the matter. He laughed off some of the issues she raised and avoided dealing with irregularities which she pointed out on GIL's export documents...
649. Apart from the foregoing Mrs. Mwatela testified that she specifically and personally notified the governor, Mr. Kotut, that the implementation of Goldenberg proposal was becoming difficult [Hansard Pg.6619]. He did nothing about it.
Finally, the Commission saw fit to recommend her service.
817. The role of Mrs. Mwatela in CBK has been set out above from pg. 84. Her stand against what was happening and her attempts to have proper steps taken, notwithstanding the pressure brought on her by Pattni showed her to be a competent most admirable and conscientious employee. Mrs. Mwatela gave excellent evidence before us which helped us to understand what had gone on. She certainly deserves her new appointment of Deputy Governor of CBK.
Since then, Mwatela has stood up against the single-sourced De La Rue contract which was subsequently reviewed (under Mwiraria of all people). GoK apparently saved a substantial sum by permitting open tendering of the contract. A review of the review - which would apparently reinstate the single-sourcing of the contract - is apparently on the cards. One doesn't have to be too imaginative to wonder whether Mwatela's persistence in engaging corruption eventually became too much for her superiors to bear.
Her effective demotion on the authority of the President may be within the law. (Although there is some dispute about even that.) If so, that is about the only good thing that can be said about it. The record is clear: Mwatela is thoroughly competent and she has extensive experience; she also showed exceptional courage and public-mindedness during and after the Goldenberg scandal. If Kenya was a normal country, she would now be governor of the CBK. Given her achievements and standing, natural justice - not to mention courtesy - requires that exceptionally good reasons be given for the demotion. If I were in her position, I would be mad as hell.
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