• Suspects facing charges of fraud, abuse of office, money laundering, financial misconduct, dealing with suspect property, conspiracy to commit an economic offence.
• Oindo says claim arrived at without giving them opportunity to be heard, adding EACCs is victimising him and colleagues for work done in good faith.
Senior National Land Commission officials implicated in the Sh109 million land acquisition saga in Mombasa have tried to cushion themselves against prosecution.
The officials had rushed to court and filed a certificate of urgency through one of the prime suspects, Joash Oindo, the deputy director for valuation and taxation. He challenged the Ethics and Anti-Corruption Commission’s investigations.
The EACC is investigating the legality and propriety of the compulsory acquisition of the land within the Mombasa Port Area Development.
The intended acquisition of part of the plot (0.0750) of 0.22 hectares belonging to Tornado Carriers Limited was done to construct the Port Reiz, Moi International Airport access road and for the Mombasa Southern Bypass-Kipevu Road.
Last week, former NLC chair Mohammed Swazuri, Oindo, and nine other suspects spent their Easter holiday in custody. They were charged with various offences regarding the issue.
The court was to rule on their bond application on Tuesday.
Thirteen other suspects, listed by the Director of Public Prosecutions, are still at large and yet to be charged.
Documents in the Star's possession show that Oindo had, in less than five working days after the DPP commenced investigations into the land issue, rushed to the Mombasa court and defended the NLC. They said the amount was not inflated.
Through his lawyer Duncan O’kubasu, Oindo has sued the EACC, with the NLC, Kenya National Highways Authority and Tornado Carriers Limited appearing as interested parties.
The documents were filed at the Environment and Land Court in Mombasa on April 4.
Oindo wanted the court to issue conservatory orders restraining the EACC from impeaching or invalidating the Sh109,769,363 awarded to Tornado Carriers. He cited sections in the Constitution that he said protected him and his named colleagues in the alleged fraud.
The suspects are facing charges of fraud, abuse of office, money laundering, financial misconduct, dealing with suspect property, conspiracy to commit an economic offence and irregular acquisition of public property.
In January 2014, Kenha sought to have the road constructed and several affected plot owners were compensated.
“EACC now erroneously claims that the award was vastly inflated in order for the NLC officials including myself, to get kickbacks,” Oindo said.
He says the claim was arrived at without giving them an opportunity to be heard, adding that the EACC’s actions are victimising him and his colleagues for work done in good faith.
“It is urgent and imperative that the question for the lawfulness of the compensation is determined so that the petitioner is not deprived of his defence and so that it can also be known, whether the amount payable should be recovered as a debt to the NLC,” O’kubasu said on Tuesday.
Oindo further said that EACC has prematurely triggered disciplinary action, saying the award has no legal basis, is unsupported by facts and the law and is informed by extraneous factors.
The official, who conducted the second valuation after Tornado Carriers, rejected the first one that had billed the property at Sh34 million, wants the court to issue a declaration that the compensation was lawful, fair and not inflated.
The Sh109,769,363 came after about after Dr Swazuri ordered a second valuation.
In the suit, the court had directed that the case proceeds for hearing in May.
One of the directors of Tornado Carriers has denied that he issued instructions for the Sh109 million to be split between them and a law firm of Catherine Chege.
In documents seen by The Star, Tornado Carriers was reportedly awarded Sh75, 268, 253 through an NLC award letter dated September 18, 2017, and not the Sh107million as indicated.
Nazir Ahmed Matabkhan Khan, one of the directors, who had been questioned by the EACC in March, said in writing that he never signed a letter on October 30, 2017, indicating that Sh55 million be deposited into their company account and a further Sh54 million be deposited into the I&M Bank account owned by Catherine Chege, one of the suspects.
“I have not set foot into the company premises for seven years now since I got a stroke on two occasions, which paralysed me. I left the business to my son, (Shakil Ahmed Khan) who is also a director, and is the one concerned with the daily activities of the business,” Khan said.
The EACC has frozen the Sh55 million that was part payment for compensation to Tornado Carriers, which had been transferred to two other bank accounts at NIC.
EACC says half the amount was paid as kickbacks to NLC officials, thereby occasioning the loss of public funds.
Those facing charges are Dr Swazuri, Oindo, Chege, the two Tornado Carriers Directors, Nazir Khan and his son Shakil, Directors former NLC commissioner Emma Njogu, Dr Salome Munubi (Director, Valuation & Taxation), Francis Mugo (Director Finance).
In the list are also spouses and relatives of NLC staff, directors of Tornado Carriers Ltd and Lorgis Logistics Ltd as well as two companies.
They are Jane Wanjiku Gachigi and Kevin Oindo Mogambi, (Oindo’s spouse and son), Samuel Muturi Rugongo (businessman), NLC’s Lilian Keverenge and his spouse Michael Onyango Oloo, Godfrey Rubia Muritu (businessman), Sostaenah Ogero Taracha (spouse to Munubi (NLC)), Evahmary Wachera Gathondu (businesswoman), Francis Kibaru (businessman), Martha Wairimu (businesswoman).
Others are John Kamau Mwangi (businessman), Philip Kiley (businessman), Albert Kipkosgei Lessonet (Director, Lorgis Logistics Ltd), Mercy Wahu Wahome, Lorgis Logistics Limited, and Betha Wangithi Muthike.
(Edited by V. Graham)