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24 February 2003

Kenya Government Gazette dated 2003-02-24 number 22

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SPECIAL ISSUE




                THE KENYA GAZETTE
                                              Published by Authority of the Republic of Kenya

                                                       (Registered as a Newspaperat the G.P.O.)


Vol. CV—No. 22                                       NAIROBI, 24th February, 2003                                                      Price Sh. 40

GAZETTE NOTICE NO. 1237                                                       “Goldenberg Affair” and into payments made by the Central Bank of
                                                                              Kenya to the Exchange Bank Limited in respect of fictitious foreign
                THE COMMISSIONS OF INQUIRY ACT                                exchange claims and otherrelated matters.
                                 (Cap. 102)                                       Now therefore, in exercise of the powers conferred upon the
                                                                              President by section 3 of the Commissions of Inquiry Act, I, Mwai
           APPOINTMENTOF JUDICIAL COMMISSION OF INQUIRY
                                                                              Kibaki, President and Commander-in-Chief of the Armed Forces of
   IN EXERCISE of the powers conferred by section 3 of the                    the Republic of Kenya, do direct the commissioners to hold an inquiry
Commissions of Inquiry Act, 1, Mwai Kibaki, President and                     at Nairobi with immediate effect. The terms of reference shall be:
Commander-in-Chief of the Armed Forces of the Republic of Kenya                  (a)      To inquire into the origins of, the acceptance and the
being of the opinion that it is in the public interest, do appoint a                      implementation by the Governmentof the proposal to award
commission ofinquiry to inquire into allegations of irregular payments                    export compensation in respect of exports of gold and
of export compensation to Goldenberg International Limited,                               diamond jewellery under the Local Manufactures (Export
popularly known as “the Goldenberg Affair” and into payments made                         Compensation) Act (Chapter 482 of tha laws of Kenya);
by the Central-Bank of Kenya to the Exchange Bank Limited in
                                                                                 (b)      To inquire into allegations of irregular payments of export
respect offictitious foreign exchange claims, to be headed by—
                                                                                          compensation under the Local Manufactures (Export
   Justice Samuel Elkana Onderi Bosire, a judge of the Court of                           Compensation) Act      to Goldenberg International Limited,
Appeal, as the chairman; and                                                              being a percentage     of the value of gold and diamond
       Justice Daniel K. Aganyanya, a judge of the High Court of Kenya;                   jewellery allegedly    exported from Kenya by the said
-and                                                                                      company, with a view   to establishing—

       Peter Le Pelley, Senior Counsel,                                                fi)      whether in fact any gold or diamond jewellery was
                                                                                                exported from Kenya and if so, how much and to
as the commissioners; and                                                                       whom;
   ‘Justice Daniel K. Aganyanya,                                                       (ii)     whether the amount of gold or diamond jewellery
as the vice-chairman; and                                                                       exported was processed through Customsas required;

       William Ouko,                                                                   (iii)    whether there was a declaration and remittance of the
       Dan K. Ameyo,                                                                            alleged foreign currency earnings;

to be the joint secretaries of the commission; and                                     (iv)     whether the alleged foreign currency earned was
                                                                                                cleared and remitted to the Central Bank of Kenya and
       Waweru Gatonye,
                                                                                                if so, how much;
       Dorcas Agik Oduor,
                                                                                       (vy)     the circumstances and grounds upon which the
to be counsel to assist the Commission.
                                                                                                compensation was claimed and paid to Goldenberg
       Dated the 24th February, 2003.                                                           International Limited;
                                                                                       (vi)     the actual amount of export compensation paid to
                                                     MWAI KIBAKI,
                                                                                                Goldenberg International Limited, including but not
                                                            President.
                                                                                                limited to KSh. 5.8 billion, and whether any ofthe said
                                                                                                amount waspaid to third parties and if so, the identity
                                                                                                ofsuch third parties and the amounts paid to them.
 GAZETTE NOTICE NO. 1238
                                                                                 (c)     To inquire into the alleged payment of US$210 million (KSh.
                 THE COMMISSIONSOF INQUIRY ACT                                           13.5) billion) by the Central Bank of Kenya to the Exchange
                                 (Cap. 102)                                              Bank Limited in respectof fictitious foreign exchange claims
                                                                                         with a view to establishing—
                     JUDICIAL COMMISSION OF INQUIRY
                                                                                         (i)    whether the equivalent in Kenya shillings was paid to
                                   Citation                                                     Exchange     Bank     Limited     and/or    Goldenberg
                                                                                                International Limited and if so, how the money was
    A JUDICIAL COMMISSION to inquire into allegations of                                        utilised; and
irregular payments of export compensation by the Ministry of Finance
                                                                                         (ii)   whether any or all the money was paid to third parties
to Goldenberg International Limited, popularly known as the


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