According to the State Law office there are at least 3,000 Kenyans in foreign jails. A similar number of foreigners is in our prisons. A Model Agreement for Negotiation of the Transfer of Prisoners was drafted in March last year, but it is still gathering dust.
And while the release of the Kenyans has finally ended a three-year agony for their families, many questions remain unanswered. First, how the four ended up being sucked into a complex case in which the signature of the President of South Sudan was allegedly forged to swindle millions of dollars.
Also unanswered is why it took Kenya so long to negotiate their release along with several others who are still languishing in foreign jails. Most notable is flamboyant business man Don Bosco Gichana who has been in a Tanzanian jail since 2013. Another four Kenyans are also serving time in Ethiopia.
“In exercise of the powers conferred upon me under Article 101(h) of the Transitional constitution of the republic of South Sudan, 2011 read together with section 285 of the Code of Criminal Procedure Act, 2008, I Salva Kiir Mayardit, president of the Republic of South Sudan hereby issue this Republican Order for the remittance in whole or part for the following prisoners as hereunder,” said the decree.
With that South Sudanese nationals Ring Ajing, Anna Kalisto, Kur Ayien, Francis Yatta and Kenyan nationals Anthony Mwadime, Anthony Munyalo, Ravi Remash and Boniface Chuma were set free.
President Kiir did not mention John Agou, a former spy attached to his office turned tenderpreneur who had deep connections and is the head of State’s relative. Yell Luol Koor was the executive director at President Kiir’s office. The two, together with Agou’s father-in-law Paul Chaat are accused of being leaders in a complex web of corruption stretching from Juba to Nairobi.
“Obviously all along they were looking for my brother so why drag everyone in to make it seem legitimate,” Agou’s sister Yomdiwo Wuoi who lives in Canada said on her Facebook page. The post has since been taken down.
The Kenyan government, according to statements issued in court during the trial advised its neighbour to open a case against Susan since Kenya and South Sudan do not have an extradition treaty (but has extradited IO spokesman, James Gatdet).
South Sudan was however keen on trying her on its own soil.
Kenya on the other hand was not keen on involving itself in a matter that involved the President of a neighbouring country. Frustrated, South Sudan sent its intelligence operatives who trailed Agou’s wife and kidnapped her on the entrance of Marula Manor gardens in Karen on October 2, 2015.
She had been questioned severally by State operatives on where Agou had hidden the money stolen from Kiir but she did not bulge.
To prevent arousing suspicion or triggering a diplomatic crisis between Kenya and South Sudan over the abduction, the officers travelled by road through Malaba, into Uganda and finally into Juba where she was tried and found guilty of tampering with investigations.
So dicey is the situation that the Sunday Standard understands the four men were told not to talk about their ordeal in South Sudan as part of deal that set them free.
After arrival in the country on a Kenya Airway’s flight on Wednesday, they were whisked away to an unknown location and grilled by the National Intelligence Service for hours.
Three of those freed agreed for separate interviews later but backed out the last minute.
Why the State held them for 24 hours before parading them before the press is anyone’s guess.