By Timo Sem
Ouko, was not that wealthy neither was he a great politician; he harbored no known ambition to be President; he was not a powerful man. He held no position in KANU, and in fact, he was allegedly rigged in by Moi’s KANU in the 1988 Mlolongo election. However, he was a brilliant man ( In 1982, he received an honorary doctorate degree from the Pacific Lutheran University, Seattle,hence the title Doctor and at the time of his death, he was due to complete his PhD at The University of Nairobi).
He ably represented Kenya as a foreign Minister, and was well liked in international circles, but he was not part of the powerful coterie, surrounding President Moi. In spite of his stellar work as Foreign Affairs Minister, he was only tolerated in the Government because he was Luo and Moi needed tribal balance in his cabinet. At this time, Kenya was still a one party state, but Nyanza was under the political grip of Jaramogi Oginga Odinga. Ouko was Member of Parliament for Kisumu rural and later for Kisumu town for a combined 12 years; he was also the Minister for Foreign Affairs between 1979 and 1983 and again between 1988 and 1990. In between, he had held three other
portfolios, among them, that of Industry.
Dr. Ouko’s problems in Government started in 1987 when he was a Minister for Industry due to disputes with powerful cabinet colleague, Nicholas Biwott. The feud with Nicholas Biwott began over the Molasses Plant, which was in Kisumu town constituency, the constituency Ouko intended to vie for in the upcoming 1988 election (Previously he was representing Kisumu rural constituency). Incidentally, the Molasses Plant was also under his industry docket. Daniel Moi had promised the residents that the plant, whose construction had started in 1970s and stalled, would be operationalized.
The Molasses Plant had tremendous political capital for Dr. Ouko. According to Onyango K’Oyoo, who was Dr. Ouko’s political operative, funding for the plant was to be done by the Italian Government through Bilateral agreements. Unfortunately, during the bilateral talks, Dr. Ouko was out on another assignment. Nicholas Biwott nudged Prof. George Saitoti (then minister for Finance) to replace the molasses plant with Mount Kilimanjaro Water project from Saitoti’s Constituency. Saitoti was willing to play along because at this time, he was a nominated member of parliament and he wanted to please his people so that he can be elected in the next election. Ouko complained to the President who was also concerned and directed that the molasses plant be included in the next bilateral talks.
The Italian Government promised assistance if the Kenyan Government wrote an official letter stating that the
molasses plant was a priority. Saitoti, the then Minister of Finance, refused to write the letter. During a Ministerial meeting comprising of Ministries relevant to the molasses plant, Dr. Ouko confronted Biwott on why he was standing in the way to revive the project. It was then that Biwott, in the presence of cabinet colleagues, threatened to eliminate Ouko. Biwott had two motives for rejecting the Molasses project as driven by Dr. Ouko. First, he hated Dr. Ouko passionately. All other Ministers in Government groveled to Biwott, except Dr. Ouko
who stubbornly refused to submit to Biwott.
Secondly, financial motive. Biwott had connections with the Recchi-Astaldi Company, an Italian company that he wanted to do the molasses project but Dr. Ouko did not want a company associated with his enemies to do the project. He wanted the company belonging to Marianne Briner to do the project. Marianne was informed by Mr. Mohammed Aslam, then Chairperson of Pan African Bank, (the bank had connections with the powerful people in the Government, Biwott included ) that in order to make the project, 10% commission was to be paid to the following people: President Moi, Abraham Kiptanui (state house comptroller), Elijah Mwangale, Nicholas Biwott, and George Saitoti. Mr. Aslam was fronting for Mr. Biwott. Mr. Surtan, Saitoti’s representative, later joined Mr. Aslam in pressuring her with regard to the commissions.
The value of this project was more than Ksh. 3 Billion and the five individuals were expected to get a kickback of Ksh. 300 Million. Ouko was moved to ministry of Foreign affairs and replaced by Dalmas Otieno, who was then a Biwott man. Unexpectedly, the new Minister ordered another feasibility study. The new study determined that the plant was unviable and recommended the alcohol making equipment should be taken to Mumias and the rest of the
machinery be sold as scrap. Dr. Ouko never got the molasses plant he wanted for his people. (In 2001,
the Odinga family acquired and turned around the plant that had lain derelict for nearly three decades. As Dr. Ouko had envisaged, the plant was not only viable, but also profitable.)
As the minister of foreign affairs, he together with other 87 dignitaries( including his Assistant Minister, Masinde Muliro; Nicholas Biwott; Hezekiah Oyugi, Permanent Secretary Internal Security and Bethwel Kiplagat, Foreign Affairs Permanent Secretary.) joined Moi to a Washington Visit on 27th January 1990. In this meeting President Bush suggested to President Moi that Dr. Ouko should replace Moi as President. According to Masinde Muliro, after this, the animosity between Ouko and Biwott escalated to a vicious level and at one point, Biwott sarcastically referred to Dr. Ouko as 'Mr. President.’Timo Sem > Group Kenya Dr. Robert is Ouko's death ( part 3) After the Washington trip. Ouko's driver and security detail were withdrawn and his passport withheld, (it was handed to Christabel, his wife, 2 days after Ouko is confirmed dead). Moi then gave Dr. Ouko some days off, in which he decided to go to his Koru home. Few weeks before Ouko's death, several changes were made. The D.O Muhoroni (where Dr. Ouko’s home was) was transferred. Kisumu also got a new D.C, Godfrey Mate. The OCPD, Emmanuel Mwachiti Chiti had been transferred to Kisumu just a few months before the murder.
On the February 9, the Provincial Criminal Investigation Officer, Nyanza was replaced by
Christopher Timbwa, who occupied the same position in Western Province. However, the new PCIO did not assume duty but was directed to proceed on his annual leave. Most of those transferred were the people Ouko relied on for information. On 9th February, Dr Ouko was going to see Peter Langat, the Kericho D.C, who was Moi’s nephew. He was driving alone, and on his way he was involved in a suspicious road accident along the Kisumu Kericho road when an oil tanker rammed into his car.
He survived. On the morning of February 12, Dr. Ouko told his wife Christabel to travel to Nairobi by road and he
would join her by air the next day. In the evening of that day, Dr. Ouko entertained the company of sister Dorothy Randiak who had to check on the Minister. After Dorothy left, the Minister checked on his poultry. That day, he had received a brood of 500 chicks, and he was concerned the room they were housed was too cold. Dr. Ouko was with his home servants, including Selina Were, the house maid; Zablon Agalo, the administration police officer guarding the home; and Philip Rodi, the farm manager. Meanwhile, in Kisumu, Michael Owiti, the civilian
driver of Nyanza Provincial Commissioner (PC), Julius Kobia, received an unusual assignment. He was called by his boss(Julias Kobia) who instructed him to drive the PC’s white Mercedes Benz to Sirikwa Hotel in Eldoret to pick some guests at the Hotel. At Sirikwa Hotel, three people approached him,inquired and identified themselves as the people that he had been sent to pick. He left Eldoret at 8.00 P.M. and drove to the PC’s residence where he found a fleet of top official Government vehicles. At the PC’s residence, he saw Mr. Hezekiah Oyugi, Mr. Jonah Anguka, and Nicholas Biwott. There were five cars at the residence. At around half past midnight, he (Michael Owiti ) was instructed to lead the party driving along Kisumu – Kericho Road. In his vehicle, the carried the PC and two of the guests he had picked at Sirikwa Hotel. They turned at a junction towards Muhoroni. At a certain point, they were instructed to put off their lights and wait for a signal for them to proceed. Near the home of Dr. Ouko, all the passengers alighted leaving the drivers alone and walked towards the home of Dr.Ouko.
At around 2:00 AM, Selina Were, the housemaid, was awakened by a loud bang. When she heard the first bang, she sat up on her bed, and then she heard three gunshots on the bedroom side of the Minister’s house. At first, she did not come out due to fear and because there was an armed guard in the compound. She curiously and with fear peeped at her window, she saw Philip Rodi (farm manager) tiptoeing followed by men who were in green uniform moving towards the store. After a while, she saw Hezekiah Oyugi standing in front of her door. The security lights were on by then.
There was no single vehicle in the homestead. After an hour or so, she came out of her house and went to the open visitors shed where she saw a white Mercedes Benz with dim lights turn at the lower main gate. In the morning, Selina went to the bedroom and saw Dr. Ouko’s pajamas on the bed and the window fastener broken. The spectacles of the Minister were on the table at the sitting room. The Administration Police Constable tasked with guarding the Minister’s home, Zablon Agalo, claimed that on that night, he did not see anything, since he was guarding the cattle boma.
Earlier that night, Agalo had warned Selina not to venture out, until he whistled, in case she heard anything. Mr. Rodi, Dr. Ouko's farm manager, was in charge of the dogs at the kennel. On that night, he tied the dogs hence they could not bark or bite. On his statement he said that at 2:30 AM that night, he saw Mr. Hezekiah Oyugi standing near Selina Were’s house, and Mr. Jonah Anguka was with him. Anguka who wore a blue suit with a tie was
moving towards the cattle boma gate. He greeted him but Mr. Oyugi gestured him to keep quiet. A short, stocky, black man was standing at the verandah of Dr. Ouko’s house hiding behind a pillar. Rodi confirmed later that the man who stood behind the pillar at the verandah was Nicholas Biwott in the statement he recorded to the Sunguh
committee. He also saw the white car that Selina had referred to and heard the loud bangs and gunshots. ( These shots were fired by Dr. Ouko at his abductors. Unfortunately, they cornered him and pinned him down before he could shoot any of them ) Michael Owiti, the civilian driver to PC Kobia confirmed the Minister was grabbed from his house by the three guests he had picked in Eldoret.
Once he was captured, they forced a gag into his mouth, tied his feet, handcuffed his hands behind his back, and dragged him to the vehicle Owiti was driving, and threw him into the boot. Two of the guest and PC Julius Kobia entered the vehicle and instructed him to drive to State House , Nakuru, a distance of 180 kilometers. At Kericho, the convoy stopped briefly to refuel. All this while, Dr. Ouko was struggling and groaning in the boot. At State House Nakuru, they found the gates open and all the five vehicles whizzed inside. All the passengers in the vehicles alighted and Dr. Ouko, who was now nose bleeding, was literally lifted from the vehicle
into the State House. They were in Nakuru until around 3.00 P.M of 13 February. Inspector James Lando, an intelligence official in Nakuru whose duties included compiling intelligence from State House, Nakuru, came across secret intelligence documents showing that Dr. Ouko was murdered in State House Nakuru.
According to the Inspector, Dr. Ouko was carried into state house, he begged for his life as his captors beat him up and slammed him against the walls. One of the men who had been hired broke a leg from a seat and used it to crash Ouko’s legs. All the while, the Dr. was lying painfully on the floor begging and pleading. To finish it off, Biwott took a gun and shot him in the head A Special Branch officer, named Mr. Wajackoya , working at the ‘music room’ ( the phone tapping room), happened to tap and record a phone conversation between Daniel Moi and Nicholas Biwott on that day Ouko was killed. In the conversation, Biwott confirmed to Moi that the
problem of Ouko is taken care of for good, and Moi thanked him( Biwott) for it. Mr. Wajackoya handed over the tapes to the British Intelligence people in exchange for asylum.
On 13th February 1990, Dr. Ouko was scheduled to fly to the Gambia. His secretary and bodyguard were waiting for him in Nairobi. In the afternoon he had not shown up, people at the ministry and at home started to raise eyebrows. His wife Christabel Ouko, who by that time was at Loresho, called Selina Were. Unbeknownst to Christabel, at that very moment she was calling home to enquire on whereabouts of her husband, a Kenya Police helicopter was hovering over Got Alila Hills, just 6 kilometers from the Minister’s Koru home, carrying the lifeless body of the Minister. It took less than 10 minutes to drop the body and arrange the few items, some of which had been gotten from the Minister’s home, with the help of Philip Rodi, the farm manager.
The Cover up. Dr. Ouko's body was thrown at Got Alila on 13th February 1990, a few kilometers from his home. It
took less than 10 minutes to drop the body and arrange the few items, some of which had been gotten from the Minister’s home, with the help of Philip Rodi, the farm manager. The major plan for
throwing him just few kilometers from his home and arranging his personal belongings was to
tighten the theory of Suicide.
OK. Follow me; A boy Shikuku, who saw the body on the afternoon of February 13 just a few hours after it had been dropped, reported the incident to his employer a Mr. Cherogon who immediately informed the area sub chief, then chief up to the D.O of Kericho, Peter Kuria Muhoro, who then alerted the DC of Kericho Mr. Peter Kipyegon Lagat, a nephew of President Moi, who authorized him to investigate the matter. At the scene, he found the two border communities – Luo and Kipsigis gathered and was told that ther was no war but a dead body had been dropped by an helicopter on the Nyanza side and had been identified by the local people as that of Dr. Ouko. He then reported to the DC who told him it was okay,he had done his work. The body was found on 13 but the government waited till 16th to found the body (badly decomposed) and officially announced it on 17th February.
This was a mind game to see that the body could decompose more. This is the beginning of cover up. Again KBC announced that the minister was missing on 15 February, 2 days after the villagers found the body. The biggest indication that the Government was aware that the Minister was laying in Got Alila Hills was an order from Nairobi to search the area surrounding Koru. Ordinarily, a search for such a high profile individual is extended to all ports of exit (airports, border points, and sea ports).
Shortly after the murder, the special branch raided his home on February 14. Onyango K’Oyoo, who was at the home with Mrs. Ouko saw the officers take files from two brief cases. K’Oyoo reckons that the officers appeared happier and more interested in getting the files than in finding the Minister. However, the officers left a few files that Dr. Ouko was preparing. These were in regard to corruption in Kisumu Municipal Council. The officers wanted it to appear as if the Dr. was only writing a corruption report on Kisumu municipality. This was to confuse
the people that he had issues only with the municipal. At first, the system spanner boy was Jonah Anguka.
When the Government announced that the Minister was missing on February 15, Jonah Anguka arrived at Koru and immediately took over the show under the instructions from Hezekiah Oyugi. Chief Inspector Amos Litubula, who at the time was in charge of the investigation in the office of the provincial criminal investigation recalls being
baffled how Anguka was just everywhere. According to Litubula, this was highly suspicious since Mr. Anguka was appearing everywhere yet he was not needed. The chief inspector informed his superiors on the suspicious conduct of Mr. Anguka, after which a Mr. Anguka was directed to go back to Nakuru District, his area of jurisdiction
and report only by a way of call to the P.C. Nyanza that he was in the office in Nakuru. When Mr. Oyugi heard of this, Litubulia was immediately withdrawn from the case and Mr. Anguka continued to impose himself. Did Anguka had a role to play? Yes, to bring about the theory of suicide.
From the 1st day, Anguka insisted that it was suicide. To stave some of this suspicion, the Government submitted a diplomatic request to the UK for assistance in investigating the murder. The Government of UK responded immediately by sending its Scotland Yard (UK equivalent of CID) team headed by Superintendent John Troon. When John Troon and his team arrived at JKIA on February 17, he was met at the airport by a team headed by Jonah Anguka who informed him that Ouko committed suicide. ( Jonah Anguka had no business being in this investigation. For a start, the body had been discovered in Kisumu, which was out of his jurisdiction. Secondly, a murder investigation is a purely police matter, and Anguka being a District Commissioner, had nothing to do
with the investigation.) Troon met Mr. Philip Kilonzo, then Commissioner of Police, very briefly the following day who tried to persuade him that Dr. Ouko had committed suicide.
Troon had also carried a pathologist, Dr. Ian West, from the Scotland Yard to do the post mortem. The then Director of Medical Services, Dr. Oliech, who was to liaise with Dr. Ian West to handle the postmortem, advanced the view that Dr. Ouko committed suicide. Upon completion of the postmortem, Mr. Troon and his team were taken to the late Hezekiah Oyugi’s house where Oyugi pressed upon them to treat Dr. Ouko’s death as a suicide case. At some point even Mr. Kilonzo, then Commissioner of Police persuaded Troon to accept the suicide theory. He appeared to have been under pressure to persuade Mr. Troon to buy the suicide theory.
Everyone in Government that Troon spoke to tried to persuade him to accept the suicide theory. When Troon visited Koru and Kisumu to speak to witnesses, he was accompanied by Jonah Anguka again. Some of the crucial witnesses like Selina Were could only speak Dholuo, so the Government availed a translator, who for the most part was idle, as Jonah Anguka did the translation. According to police officers who were part of the investigation, Anguka deliberately misinterpret to mislead Troon and his team. When the police officers complained about Mr. Anguka’s behavior, they were removed from the case.
The Suicide theory was not going well, as Troon was a hard nut to crack. The government then went for an alternative. Dr. Ouko had three siblings. A sister, Dorothy Randiak, (who very close) and two brothers, Barrak Mbajah and Maurice Seda, bothwhom did not see eye to eye with the Minister. Dorothy Randiak remembers the incident that caused the brothers to split for good. In 1985, Barrack was working as a deputy provincial commissioner, and his ambition was to become provincial commissioner. However, that year, he was transferred, to the Attorney General’s office as deputy secretary.
An equal position to the one he held, but lower in privilege. Obviously, he appealed to his brother who was a Minister to stop this transfer but Dr. Ouko failed to help. From that day, Barrack was bitter with him. Incidentally, Barrack was able to influence Maurice to his side, so it was two brothers against one. In the 1988 election,
when Dr. Ouko was fighting for political survival, Barrack openly campaigned for Joab Omino, his brother’s rival. Up to the moment of his death, Barrack and Maurice were still bitter with the Minister and did not speak at all.
The bitter sibling rivalry between the Dr. and Barrack presented the Government with an opportunity to accuse the latter for the murder of his brother. The entire Government machinery turned on Barrack Mbajah as the culprit. He wasarrested, brutally tortured, and detained without food to force him to confess. Indeed, for a few months after the murder, it looked like Barrack was the main suspect, and all investigations, focused primarily on the rifts in the family, until investigators got an unexpected break that changed everything. For all its worth, the brothers were innocent. It is then that Barrack carried the family’s burden of finding the truth. He paid a huge price for his endeavor. After he was released, he went into exile and only came back after Moi was out of Government. Troon's investigation did not cooperate with the two theories (Suicide and sibling murder). This did
not go well with the government and in 1991, as he was enjoying his favorite treat of tilapia fish in a hotel he was staying with his wife in Mombasa.
He noticed the fish tasted different. He felt nauseated and went up to his room and collapsed. Were it not for the quick actions of his wife who rushed him to the hospital, he would have died that day. And that could have been the end of Ouko's Death mystery. Others were not lucky. Troon noticed that some of the witnesses he had scheduled interviews with, were suddenly developing short illnesses and dying within days or hours. From all these frustrations, in his preliminary report,
Troon identified four individuals who were the lead suspects; Nicholas Biwott, Jonah Anguka, Julius Kobia, and Hezekiah Oyugi.And in his final report he found enough evidence to implicate the following individuals for murder, corruption or conspiracy to commit those crimes: Mr. Philip Kilonzo, Dalmas Otieno, Nicholas Biwott, Mr. Cecil Miller, Mr. Hezekiah Oyugi, Mr. Julius Kobia, Mr. Malacki Oddenyo and Ambassador Bethuel Kiplagat.
The major question is,what happened to those suspects and other witnesses? Now that all cover ups never worked..
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