draining development.pdf - Khazar University

The Kleptocrat’s Portfolio Decisions 441suspending investigations being carried out on behalf of the Kenyangovernment because they could not foresee receiving adequate cooperationfrom Kenya. 26In 2010, the Kenyan court decision was successfully appealed, andcooperation has resumed, but two valuable years were lost.The Swiss press has, however, been following the proceedings inGeneva closely, and a number of articles have been published that havehad the effect of widening the scope of the investigation. 27The Swiss authorities have also made great efforts to cooperate withthe Kenyans, but little progress has been made to date in prosecuting thewrongdoers. The fault has almost certainly lain more with Kenya thanwith Switzerland. Various attempts have been made by the Kenyan Parliamentto obstruct investigations into this and other, older corruptioninvestigations, and the head of the KACC and his deputies were notreappointed when their contracts came to an end. It remains to be seenwhether the political will exists now to pursue these investigations to aconclusion.Zambia: President Frederick ChilubaIntroductionThis matter was litigated in the English courts over the course of fiveyears. 28 It involved a claim brought by the attorney general of Zambia torecover monies belonging to Zambia that had allegedly been fraudulentlymisappropriated by means of money transfers made by the Ministryof Finance (MOF) between 1995 and 2001, during the presidency ofthe late Frederick Chiluba.The money in question was transferred on the grounds that it wasrequired to pay debts owed by the government. Some of the money wasused in this way, but most of it was diverted for private purposes in favorof various of the defendants. The case fell into three distinct parts, asfollows:• A claim relating to the transfer of about US$52 million from Zambiato a bank account operated outside ordinary government processes,the Zamtrop account, at the Zambian National Commercial BankLimited (Zanaco) in London (the Zamtrop conspiracy)