On December 11th 2015, the House Committee on Energy, Communication and Information approved the vetting of three presidential appointees, including Petroleum PS Andrew Kamau Nganga, a former Uhuru schoolmate at the now disgraced St. Mary’s school of corruption, where thieves like Bruce Odhiambo horned their thieving skills.
3.3.1 Personal Background
Mr. Andrew Ng’ang’a Kamau has been working in the energy and mining sector in Africa for 25 years. In this time he has worked for among others, multinational companies in East Africa and major trading organizations in Europe. Andrew was awarded the Africa Oil & Gas Deal Maker of the Year 2005 by Global Pacific Partners. He is also the chairman of Komati Foundation, a non-profit organization, working specifically with students and young professionals to nurture leadership skills and service ethics.
3.3.4 Work experience
Mr. Kamau has worked in the following capacities; Director, Bracewell Energy, Johannesburg, Director, Drillex Limited, COO, Mag Energy Inc. Johannesburg, Director Marketing, Aurora Energy Monaco, Johannesburg and Trader, Marc Rich Investments London, Johannesburg.
3.3.5 Potential Conflict of interest
The nominee has no conflict of interest.
But is that so?
The bribed media corps in Kenya were paid handsomely to overlook the fact that there are glaring conflicts of interests in Mr. Kamau’s resumè as noted here below;
New Petroleum PS, Andrew Kamau Nganga worked for major global oil traders – but National Assembly vetting committee saw “no conflict of interest” – yet he’s worked for two companies associated with or owned by the late Mr. Marc Rich – the founder of Glencore.
Marc Rich – famous for being the beneficiary of a last minute Presidential pardon from Bill Clinton, but more famous in high finance and commodities trading circles as the founder of oil trading giant Glencore (which was also a key player in the Triton scandal when it was ripped off about 3.6 billion by Devani with the help of Kenya Pipeline Company).
British firm Glencore Energy is seeking to take its fight for $40.3 million (Sh3.6 billion) compensation from the Kenya Pipeline Company (KPC) for oil it lost in the 2008 Triton scandal to the Supreme Court, which has of late come under public scrutiny for corruption after Justice Philip Tunoi was bribed with $2million by Nairobi Governor Evans Kidero. The Supreme Court crooks have also been adversely mentioned in Nairobi Law Monthly’s exposè on the Safaricom bogus CCTV’s supply.
The London-based firm says in its application that the Court of Appeal applied evidence selectively and denied it a chance to plead its case when it ruled that Glencore’s arrangement with KPC and Triton for the sale of its oil in Kenya was illegal.
The judges consequently threw out Glencore’s claim.
Glencore holds that the matter is one of public interest, as it questions the Court of Appeal’s conduct in determining cases, and will require interpretation of laws on the right to a fair hearing as per the Constitution.
Glencore claims KPC was liable for responsibility when it lost 31.7 tonnes of oil valued at Sh3.6 billion following KPC’s release of the fuel to marketers without informing financiers such as itself. The scandal saw Triton owner Yagnesh Devani flee the country.
There is no doubt that an out of court settlement may be in the offing in light of the former employment history of the new Principal Secretary for Petroleum. He wants to use his position to influence a Kshs. 3.6 Billion to his former employer, with a promise of a 10% commission.
ABC Radio reported in 2005 that Glencore “has been accused of illegal dealings with rogue states: apartheid South Africa, USSR, Iran, and Iraq under Saddam Hussein”, and has a “history of busting UN embargoes to profit from corrupt or despotic regimes”. Specifically, Glencore was reported to have been named by the CIA to have paid $3,222,780 in illegal kickbacks to obtain oil in the course of the UN oil-for-food programme for Iraq. The company denied these charges, according to the CIA report quoted by ABC.
The inextricable link between Andrew Kamau Nganga and Glencore as his former employer means that a glaring conflict of interest that was conveniently overlooked by parliament, will cost the taxpayer Kshs. 3.6 Billion. Kamau is currently in Uganda, negotiating the oil pipeline deal where he oversaw the inflated quote making Kenya lose the busines to Tanzania.
The following are the members of the committee that cleared Andrew Kamau Nganga, after being offered handsome bribes.
The Committee on Energy, Communication and Information was constituted by the House in May, 2013 and comprises of the following Members:-
1. The Hon. Jamleck Kamau, EGH, MP………………………
2. The Hon. Jackson Kiptanui, MP …………………………
3. The Hon. Mohammed Elmi, EGH, MP
4. The Hon. Edick Anyanga, MP
5. The Hon. (Eng.) James Rege, MP
6. The Hon. Mithika Linturi, MP
7. The Hon. Zebedeo Opore, MP
8. The Hon. Mary Mbugua, HSC, MP
9. The Hon. Aburi Mpuru, MP
10. The Hon. Aramat Lemanken, MP
11. The Hon. Arthur Odera, MP
12. The Hon. Banticha Abdullahi, MP
13. The Hon. Dan Kazungu, MP
14. The Hon. Esther Gathogo, MP
15. The Hon. Fathia Mahbub, MP
16. The Hon. James Lomenen, MP
17. The Hon. Joe Mutambu, MP
18. The Hon. John Munuve, MP
19. The Hon. Junet Sheikh, MP
20. The Hon. Cecily Mbarire, MP
21. The Hon. Nicholas Ngikor, MP
22. The Hon. Onesmus Njuki, MP
23. The Hon. Rachael Amolo, MP 24. The Hon. Roba Duba, MP
25. The Hon. Ndung’u Gethenji, MP
26. The Hon. (Eng.) Vincent Musau, MP
27. The Hon. William Kisang’, MP
28. The Hon. Richard Tongi, MP
29. The Hon. Moses Kuria, MP
WORTH TO NOTE:
25. The Hon. Ndung’u Gethenji, MP is also Chairman Defence Committee and a FORMER ST. MARY’s Alumni – same class as Andrew Kamau. He was said to have been the distributor of bribes.
Below is the full parliamentary committee report that “vetted” and approved Mr. Andrew Kamau Nganga for those not in a position to download the PDF.
3.3 MR. ANDREW NG’ANG’A KAMAU – PRINCIPAL SECRETARY
NOMINEE FOR THE STATE DEPARTMENT FOR PETROLEUM
Mr. Andrew Ng’ang’a Kamau appeared before the Committee for vetting on Friday 11th December 2015. He was orally interviewed by the Committee and responded to questions during the vetting as follows:-
3.3.1 Personal Background
Mr. Andrew Ng’ang’a Kamau has been working in the energy and mining sector in Africa for 25 years. In this time he has worked for among others, multinational companies in East Africa and major trading organizations in Europe. Andrew was awarded the Africa Oil & Gas Deal Maker of the Year 2005 by Global Pacific Partners.
He is also the chairman of Komati Foundation, a non-profit organization, working specifically with students and young professionals to nurture leadership skills and service ethics.
3.3.2 Educational Background
Mr. Kamau holds a Bachelor of Science – Chemistry (Hons) from the University of Nairobi. He has done various courses in Trading and Shipping at the College of Petroleum Studies – Oxford University England.
3.3.3 Professional Experience & Affiliations
Mr. Kamau has undertaken several professional courses including; Introduction to Oil Supply & Shipping: College of Petroleum Studies – Oxford University England, Introduction to Oil Trading and Price Risk ManagementTR1: College of Petroleum Studies – Oxford University England, Advanced Oil Trading and Price Risk Management TR3: College of Petroleum Studies – Oxford University England, Finance for non-Financial Manager – University of Witwatersrand, Johannesburg and New Venture Creation – University of Witwatersrand, Johannesburg Member
3.3.4 Work experience
Mr. Kamau has worked in the following capacities; Director, Bracewell Energy, Johannesburg, Director, Drillex Limited, COO, Mag Energy Inc. Johannesburg, Director Marketing, Aurora Energy Monaco, Johannesburg and Trader, Marc Rich Investments London, Johannesburg.
3.3.5 Potential Conflict of interest
The nominee has no conflict of interest.
3.3.6 Integrity
The nominee has no integrity issues given that he was cleared by the Ethics and Anti-Corruption Commission and there was no public petitions or affidavits raised against the nominees by any member of the public.
3.3.7 Other Issues under consideration
1. Personal plan, vision and commitment to the docket of Petroleum.
His background in the Petroleum sector with his past experience has equipped him to serve the country in the Petroleum Sector. He promised to oversee reforms with regard to ensuring that appropriate regulatory; policies, legislations and service matters are actualized in the Ministry and State Corporations under his docket.
2. Discovery of Oil in Turkana & strengthening of Kenya National Oil Corporation
He stated that the oil discovery in Turkana is a blessing to this nation it needs to be fast tracked. He undertook to engage Tullow Oil so that oil drilling can start to be done in 24 months. Further, the nominee noted that there was need to strengthen and empower the National Oil Corporation to be a profit making organization.
3. Service delivery
He stated that he would be resolute as a Principal Secretary and work closely with State Corporations under his docket and other stakeholders in ensuring that the National Government implements policies and strengthens institutions that will ensure that services are delivered to the public in time.
4. Targets within the next few years, if appointed.
If appointed, he will aim to work with the National Assembly to ensure that the necessary legislations are enacted in line with the constitutional requirement. Further, within one year, he aims to oversee, monitor, supervise and report on the progress of oil exploration in the Country and implementation of projects and fast track stalled projects under his purview.
3.3.8 Committee Observations
The Committee having considered his curriculum vitae and heard his oral submission during the vetting exercise made the following observations; That the nominee had;
i. satisfied the requirement of chapter six of the Constitution of Kenya on Leadership and Integrity.
ii. been cleared by the Criminal Investigation Department (CID), Kenya Revenue Authority on Tax Compliance, Higher Educations Loans Board (HELB) and the Credit Reference Bureau.
iii. never been charged with a criminal offence in a court of Law and has no potential course of conflict of interest.
iv. never been dismissed from office for contravention of the provisions of article 75 of the constitution which deals with conduct of State Officers that he never been adversely mentioned in any investigatory report of Parliament or any commission of inquiry.
v. the necessary qualifications as seen from the documents presented to the Committee.
vi. the right attitude and experience to work in the position for which they have been nominated as observed from the way they accurately responded to the oral questions by Members during vetting.
vii. the relevant professional qualifications, experience and a lot of knowledge in the Petroleum Industry and had worked globally in the sector for close to 25years,hence the ability to change the petroleum sector to the benefit of the Country.
5.0 COMMITTEE’S RECOMMENDATIONS
At the end of the vetting process, the Committee made the following recommendation:
That; having considered the suitability, capacity, professional qualifications and integrity of the nominees, and pursuant to Article 155(3) of the Constitution and Section 8 (2) of the Schedule to the Public Appointments (Parliamentary Approval) Act No. 33 of 2011, the Committee recommends that the National Assembly approves the nomination of:-
3. Mr. Andrew Ng’ang’a Kamau for appointment by H.E. the President as the Principal Secretary for the State Department for Petroleum in the Ministry of Energy and Petroleum.