The truth in the multi-billion controversial land compensations may not be known after the National Land Commission lost a crucial database critical in the ongoing investigations into fraudulent payments.
The computer contains all-important data on all mega land compensation deals that the commision has been undertaking on behalf of the government.
The computer which was domiciled at the 2nd floor of the Ardhi House disappeared mysteriously on Sunday night in what could throw off balance a probe into irregular payouts to several companies and individuals in regards to SGR phase 1 and 2 compensation scheme.
Also lost is crucial data on the NLCs compensation programme for other various projects including dams and road expansion sites.
Yesterday both NLC chair Muhamad Swazuri and Abigael Mbagaya confirmed the loss.
"I am in the field at the moment deep into Malindi where there is low network connectivity the poor network. But I was given that hint of the loss and can only brief you more once I settle and get a full brief on the same," Swazuri said.
"It is true. I was informed in the morning that the CPU had been stolen. But we have since called in the police and now it's with the police because its loss of government data," Mbagaya said.
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Sources told the Star yesterday the loss of the database might be linked to recent compensation schemes made by the commision which are up for review by the anti fraud team.
"Second-floor Ardhi is the heart of all NLC financial operations. Its where claims and all other matters accounting. For one to just get in leave computers used by other directorates like that of finance and administration and opting for one used by Directorate of valuation and taxation all hosted on the same floor speaks a lot to the motive," the source told the Star pointing to an inside job by those keen on covering up their tracks.
This year alone other than the compensation for SGR the commision has paid out or is gearing up to pay for the LAPSSET, Nairobi-Outering road; Githurai- Kimbo; Ruabura irrigation projects,Sondu-Mirui, and Thwake dam. Also, payouts are for wayleaves like Lessos-Tororo; Ethiopia-Kenya interconnector; Mombasa-Nairobi Transmission line; Lonyangalani-Suswa and Kisii-Awendo.
Interestingly by the time we went to press no OB on the matter had been written.
This comes as the commissioners at the troubled commision have sparked off a battle with the secretariat over employment terms.
In a November 30 memo NLC vice chair Abigael Mbagaya instructed the acting secretary/ CEO to withdraw permanent and pensionable terms for all directors in a move that has unsettled the secretariat.
“In May, each one of us was given two options to be on contract or transit to permanent and pensionable terms. This was as a result of three commission sitting decisions. We signed to be on permanent,” a director told the Star.
“But we were shocked five months later (in November) when we were told that the commission has revoked the appointments,” another said.
“Now the acting CEO who is also a director is being forced to recall all our letters and put us on contracts. Surprisingly all this is informed by a vengeance from the vice chair who has fallen out with some of my colleague directors. I am told some of the commissioners also want us out so as they can have their people in before they exit the commission next year. This is why they are doing what they are doing,” said another in allegations that were flatly denied by Abigael when the Star reached out to her.
Quoting the May 8 minutes of the special commission sittings Mbagaya directs the acting CEO to have the commission decision revoking permanent and pensionable terms for directors implemented by December 3.
“You realise that in absence of directors having a valid contract and the declaration by the commission that permanent and pensionable terms given by the CEO are null and void all heads of departments are in a very vulnerable position that does not augur well for their job security and morale,” Mbagaya said.
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“In the light of this background, I on behalf of the commission hereby direct you take the necessary action to regularize employment status for all directors as resolved by the full plenary of the commissions. Towards that end the commission hereby directs you to prepare and deliver contractual terms to all directors, and withdraw or cancel their permanent and pensionable terms that were issued with immediate effect,” she added explaining that the terms had been issued contrary to the decision of the commission sitting in a quorum.
By December 13, the acting CEO had not acted on the directive citing conflict of interest forcing Mbagaya to convene another commision meeting to deliberate on the reluctance of the directors to sign new contracts.
“The purpose of this memo is to ask you to confirm your position in relations to the signing of contract letters for directors in writing by Monday, December 17, 10 am,” Mbagaya said in a December 13 letter to the acting CEO. However by close of business yesterday the Ceo had not complied in what insiders said fear of facing legal hurdles if he okays the commissioners demands.
Speaking to the Star yesterday Mbagaya denied claims that he was usurping powers of the NLC chair by convening commision meetings and writing memos to the Ceo.
“I am not interested and will never be interested in fighting my chair, therefore I am not usurping anyone's powers. When I write those memos I am only delivering commission's plenary resolutions and not my own personal communications,” she said.