Robert Ouko (politician) - Troon's Theory

Troon's Theory

Troon's initial investigations uncovered allegations of a serious and long-running row in the Ouko family that was testified to in witness statements by Dr Ouko's wife Christabel, in the first two statements given by his sister Dorothy Randiak, and in the statements given by his brothers Barrack and Collins, his sister-in-law Esther Mbajah, the family doctor Dr Joseph Olouch, and family friend Mr Erik James Oyango.

Dorothy Randiak, in her first witness statement, cited the cause of the row: "In 1985 the following happened. Barrack was working as Deputy PC in Nakuru in the Rift Valley Province. From there he was transferred to Deputy Secretary at the Attorney generals office. He did not want this move and he blamed it on Robert because he had ambition to become Provincial Commissioner. Barrack discussed the move to try and prevent it but Robert done nothing about it because of reasons of which they both knew. This caused a lot of bitterness on Barracks part against Robert but Robert had no bad feeling towards Barrack. The situation still exists. Barrack also influenced Collins which in turn caused him to show bitterness against Robert also. The bitterness of both these brothers was maintained throughout and remained until the time Robert disappeared".

In her second statement made to Troon on 27 March, Dorothy Randiak recounted that a family group photograph had been found in her mother's house in December 1989 in which the picture of her mother had been cut out and that Dr Ouko had blamed his brother Collins for it. She stated also that Collins had told his mother "never to come to the house again and that if she did he would cut her to pieces".

Troon concluded in his 'Final Report' that, "To summarise the immediate family of Dr Ouko, I am not satisfied that they have told me everything they know. There appears to be a shroud of fear surrounding the whole family which prevents them fully disclosing what I believe some of them must know".

Troon also received testimony from Mrs Ouko and Dr Ouko's mistress Herine Violas Ogembo (see below) that shortly before Dr Ouko was murdered threatening phone calls had been made to Mrs Ouko from a woman claiming to be Dr Ouko's "second wife", and also to Miss Ogembo saying that Mrs Ouko knew of the relationship and wanted to kill her and her daughter Dr Ouko's relationship with Violas Ogembo, whom he had met in 1982 and who had a daughter by him in 1983, "was apparently open and many of his close friends and colleagues knew of their association" and "at times he would take Miss Ogembo on official visits abroad or arrange her travel to meet him at selected venues". Mrs Ouko stated that she had only found out about the relationship 'during the latter part of 1989'. The woman making the phone calls was never identified. Dr Ouko, according to the testimony of his sister Dorothy Randiak, thought that his brother Barrack "had fed the information in".

Witnesses also spoke of a dispute with local politicians and allegations of fraud in Kisumu Town Council.

However, Troon’s investigation took a dramatic turn in mid March, as recorded in his 'Interim Report' submitted in July. In paragraphs 101 and 102 Troon stated that, 'On Saturday 17 March my colleague Detective Sergeant Lindsay received a telephone call to meet a person in the Imperial Hotel, Kisumu. Linday attended the venue and there met a person who identified himself as Professor Thomas A. Ogada, the Kenyan Ambassador to Switzerland', and that, 'Prof. Ogada informed Lindsay that he had been directed by His Excellency the President to hand over to the Scotland Yard Officers a sealed envelope which he had brought with him from Switzerland. In addition to the envelope, Prof. Ogada supplied details of two contacts in relation to the contents, one being Mrs Briner Mattern, the other being her advocate in Kenya Mr Frank Addly of Kaplan and Stratton Advocates, Nairobi'. No mention of President Moi's involvement was made in Troon's 'Final Report' submitted in August, 1990.

From this point on in Troon's investigation a theory gained currency that there may have been an argument between Ouko and Nicholas Biwott, then Kenya's Minister of Energy, during the trip to Washington following a supposed meeting by Ouko with President George H.W. Bush (Troon did accept however that the "factual basis" for the alleged row on the Washington trip was "somewhat tenuous" and based on "hearsay"); that Ouko had been involved in a dispute with Biwott over the cancellation of a project to build a molasses plant at Kisumu (in Ouko’s constituency); and that Ouko was preparing a report on high level political corruption in the Government of Kenya in relation to the Kisumu Molasses Project (which by implication named Biwott).

The basis for Troon’s theory was thus allegations passed to Scotland Yard at the direction of President Daniel arap Moi and made by a Domenico Airaghi and a Marianne Briner-Mattern (who made a witness statement to Troon on 22 March 1990), directors of BAK International, a company based in Switzerland that had tendered to Ouko when he was Minister for Industry to re-start the Molasses Project in Kisumu.

The change in direction of Troon's investigation after receiving the file from the Kenyan ambassador to Switzerland on the 17th March and Briner-Mattern's witness statement on 22 March is significant. All witness testimony prior to these dates had been based on the row in Dr Ouko's family and allegations of corruption in the Kisumu Town Council. Dr Ouko's sister, Dorothy Randiak, for example, made three statements to Troon, on March 2, 27 and April 11. Only in her third statement, made some seven weeks after the investigation had begun did Dorothy Randiak testify regarding allegations surrounding the Kisumu Molasses Plant. Mrs Christabel Ouko, Dr Ouko's wife, made four statements to Troon on March 2 and 13 and April 5 and 8. It was only at the end of her fourth statement, again made some seven weeks after Troon began his investigation, that Mrs Ouko mentioned a possible dispute over the Kisumu Molasses Project.

Although Troon's final report to the Kenyan authorities, delivered in August 1990, was not conclusive it did recommend further investigation into Ouko’s murder and in particular 'enquiries and further interviews' in respect of Hezekiah Oyugi, a Permanent Secretary in Kenya's Internal Security Department; James Omino, an MP for Kisumu Town and a political opponent of Ouko at the 1988 election; and Nicholas Biwott, the Minister for Energy.

However, Troon’s investigation has since been criticised as being 'fatally flawed' and has been further undermined by subsequent investigations and disclosures, not least amongst these that Airaghi had been convicted of attempted fraud and deception in Italy in 1987. In particular, Troon has been criticised for his reliance on the testimony of Domenico Airaghi and Marianne Briner-Mattern, his failure to investigate their background, his failure to read important evidence contained in the 'Molasses File' (the Kenyan government's file recording all correspondence and minuted decisions relating to the project), and his failure to interview any US Government officials regarding the Washington trip.

In the absence of any direct evidence as to who was responsible for the murder of Dr Ouko, Troon based his entire theory on the basis of establishing a motive for the killing.