A new report by the anti-graft watchdog published in the Kenya Gazette reveals that DPP Renson Mulele approved charges against the ex-governor on December 18, 2023.
“On December 18, 2023, the DPP returned the file and concurred with the commission’s recommendations for prosecution,” the report reads.
EACC reveals this was the second report after further investigations that were ordered by the Director of Public Prosecutions on November 16.
“The commission conducted further investigations and resubmitted the file to DPP on December 4, 2023,” the report signed by EACC chairperson David Oginde and CEO Twalib Mbarak reads.
The anti-graft agency says its probe established that the governor received Sh56.7 million from the county government of Kakamega, part of which was for the lease of land he allegedly owned.
“It was also established that the former governor entered into a tenancy agreement with the Kakamega county government for lease of land reference number Marama/Shianda/442 and the buildings erected thereon for Sh9,200,000,” the EACC says.
“The said land was established to be the governor’s property yet again he was being paid by the county government in a clear case of conflict of interest.”
“Investigations established that the former governor irregularly received a benefit of Sh56,740,325 in total from the county government of Kakamega,” the report reads.
EACC says its probe further established that companies linked to the ex-county chief were awarded contacts at the county.
“It was established that the companies were awarded 60 contracts after which the companies received payments totalling Sh2,251,012,597.28. “
“It was further established that from each of the six companies the former governor received a benefit directly and indirectly through companies associated with him,” the report reads.
“Upon receipt of the monies, part of it was used to purchase a property,” EACC says in the report, which recommends prosecution of the governor’s suspect accomplices including his wife.
The anti-graft agency wants county officials, some of the directors of the companies in question, and the lawyer who was involved in the transaction for the purchase of the property cited by EACC.
It has named the companies to include AFBA Construction Company Limited, Western Cross Express Limited, Sabema International Limited and Sesela Resources Limited.
The lot faces charges of conspiracy to commit an offence of corruption, 11 counts of conflict of interest, two counts of abuse of office and five counts of money laundering.
In September last year, a court in Siaya granted the governor injunctions stopping his prosecution.
EACC, the details show, is also probing Embakasi North MP James Gakuya for an alleged conflict of interest in the management of CDF cash.
The probe follows allegations that the MP used his office to award tenders [construction of classrooms, event hosting and road works] to his children and close associates within the constituency.
“Investigations established that the said constituency awarded various tenders to four companies associated with the daughter of the Member of Parliament for the constituency,” EACC says.
EACC in the report, which is also issued to Parliament, says its probe reveals that the MP allegedly received Sh10.48 million – directly or indirectly, from the said companies associated with his daughter and close associates.
“Financial investigations revealed that several payments were made to the companies for various projects allegedly undertaken with the Embakasi constituency,” it says.
“The MP is a signatory to bank account in one of the companies namely Ndakaini Hardware and Property Agencies,”
The agency says that on October 12, 2023, it compiled a report with the DPP with recommendations to charge the MP, fund account manager and directors of four companies under probe.
The others, the report shows, are Ndakaini Enterprises Limited, Allica Investment Limited, and Pride Wind Africa Limited.
However, on December 6, the DPP returned the inquiry file with recommendations for further investigations.
EACC, the report reveals, is also probing top officials of the Bomas of Kenya and select managers of CIC General Insurance over alleged irregularities in the award of an insurance tender.
The probe followed claims that Bomas of Kenya had irregularly awarded the general property and work injury insurance cover tender to CIC.
EACC is awaiting DPP’s response to its file where it had recommended charges against the Bomas of Kenya CEO, finance officer, supply chain manager, as well as CIC managing director, a marketer at CIC and the insurance firm.
“Investigations established that Bomas of Kenya violated section 103 of the Public Procurement and Asset Disposal Act, 2015 and illegally awarded the tender to CIC.”
EACC argues that since the tender for 2020-21 financial year was irregularly awarded, the renewal clause in 2020-21 tender policies could not birth a legitimate renewal in 2021-22.
“Furthermore, no LPO was issued for the renewed tender,” EACC says.
It says CIC Insurance was illegally paid Sh9,058,916.70 for the two financial years.
“The payments were made out of flawed procurement process.”
