I did not eat 'chicken', Ipoa boss tells JSC

The Independent Police Oversight Authority (Ipoa) Chairman Issack Hassan has defended his tenure at the Interim Independent Electoral Commission (IIEC).

Mr Hassan, while being interviewed for a Court of Appeal judge job, said he has maintained clean hands, adding that despite being approached to be a go-between for pirates and Koreans, which had tempting amounts of money, and being urged by a friend to alter the IEBC ballot paper tender to get half of the Sh60 million brokerage fee, he opted to choose integrity.

He also spoke about the Chickengate scandal. He denied being a part of the saga or benefiting from it.

“The problem is when you are least corrupt, that is when you are going to be called the most corrupt. It is a very sad thing in this country. For example, I have not eaten any chicken but you will hear the Chickengate saga, and I have not eaten any leg or wing. If you stand strong and say no, sometimes you appear the odd one out,” he said.

Hassan said he was served with two complaints touching on Chickengate. According to him, this was water under the bus.

He said investigations would reveal how the money came from the United Kingdom to Kenya Commercial Bank and who benefited.

“The EACC investigated the issue and charged some people, the case is still active but the procurement manager, the agent were charged. I was called as a witness… The CEO was giving evidence to close the case yet this complaint filed ignores that there is a case which was filed and I was a witness… It is still the same person who filed it, and he filed in 2024,” said Hassan.

He said the Chickengate claims were meant to injure his reputation.

“My point is, I have never been involved in corruption and the only thing that my name comes up is the Chickengate, because that is the only thing that anyone wants to harm me or defame me, that is the only thing they can come up with, nothing else. In my 30 years, that is the only thing that keeps coming up,” he said.

Asked by Commissioner Jacqueline Ingutia about the case in the United Kingdom against two executives of the security printing company Smith and Ouzman Limited, Nicholas Smith and his father, Christopher were jailed after they were found guilty of bribery, Hassan said that the person who raised the issue with the commission attached an opening statement by the UK prosecutor, but not the full document on what transpired.

“He does not give you the whole story. It is only one page he brings up.”

Nevertheless, Hassan argued that there was no proof of the allegations against the commissioners.

“Was there any proof of any commissioner having been bribed?” asked Commissioner Omwanza Ombati.

Hassan replied no.

“What happens and still happens now is that when you procure ballot papers, and give the company, whether in UK or Greece or Dubai, like last time, commissioners and staff go to supervise the printing.

“But if you look at the law, the accounting officer is the one who will appoint the tender committee, the evaluation and finally award the tender, he will only inform the commission the company he has awarded,” said Hassan.

In Kenya, he said, those charged were the former IIEC CEO James Oswago, the procurement manager, the agent of the UK company, and a Senator, who then was allegedly a commercial broker.

Hassan, who appeared before the Judicial Service Commission (JSC) for the interview, said that he set up the structures of the current commission.

“I want to bring 30 years of my experience to the bench,” replied Hassan.

Asked by Chief Justice Martha Koome why he wants to leave IPOA barely a year after he was appointed as a chairman, he replied that all the jobs he clinched required a lawyer.

“I applied for Court of Appeal in 2022, but I was not lucky. I applied for 2024 and Gen-Z happened, but I have always wanted to join the bench,” he said.

In the meantime, senior lawyer Katwa Kigen said the Judicial Service Commission (JSC) has powers to look into judgments delivered by judges to determine if there is incompetence or misconduct. He said this can only be done if the commission does not jeopardise the chance for either party to appeal. There are several cases filed by judges who argue that the commission has no power to look into the merit of their judgments if complaints are raised.

On corruption in the judiciary, he said the third arm of government is not Caesar’s wife, but the cries of corruption are exaggerated.

Kigen told the commission that, if he is nominated to be a Judge, he will bring in 30 years of experience from his litigation in local, regional and international courts.

Asked how he is going to handle the image that he is a high-flying jurist and representing high-class clients, he said that he believes that he will serve collegially, consult widely and where there is a conflict of interest, he will alert his colleagues and withdraw.

Others who appeared yesterday are Dr Lucy Wanja, Dr Joseph Arimba and Brown Murungi.