COURT HEARS WHY OLAO JAILED TAIB

Former Nairobi Chief Magistrate Boaz Olao convicted Mohamed Ghani Taib of
drug trafficking in 2000 after he failed to contribute to an alleged Sh 4
million bribe given to the magistrate, a tribunal heard yesterday.

"The accused was not convicted because of evidence in court," State Counsel
Mbuthi Gathenji told the tribunal investigating the conduct of suspended
Court of Appeal judge Philip Waki.

The tribunal sitting in Nairobi is being chaired by retired Appeal Court
judge Akilano Akiwumi.

Gathenji took Olao through several statements made by Taib and several of
his co-accused during the 4.7 tonne hashish case in 2000.

He pointed out that despite the statements made by Taib's co-accused
contradicting one another they (Taib's co-accused) were eventually set free.

The statements mention different dates, places and different names from the
time the 4.7 tonnes of hashish was discovered to the time of arrest of the
nine accused.

"Even if it was contradictory evidence, he (Taib) was charged," Gathenji
said, adding that while Olao convicted Taib on a statement the witness had
rejected, the same statement was not used to convict the others who were
adversely mentioned in it.

Gathenji was cross-examining Olao who had come to defend himself against
allegations that he and Waki received a Sh4 million bribe from Baktash at
Kentmere Club in Limuru on May 27, 2000.

The bribe was alleged to be for influencing the outcome of the drug case in
which Baktash, Kamaldin and several others were later acquitted of for lack
of evidence.

Gathenji also pointed out that the 4.7 hashish haul was analysed by a Mr
Richard Lang'at who was not a gazetted Government chemist.