How NYS suspects tried to block arrest

Ann Wambere who was arrested at her Lakeview home in Naivasha on Monday, May 29, 2018. /GEORGE MURAGE
Ann Wambere who was arrested at her Lakeview home in Naivasha on Monday, May 29, 2018. /GEORGE MURAGE

The assault on corruption got a new impetus yesterday with the arrest of tens of suspects in the NYS scandal set to be charged today.

Some threatened to call Inspector General Joseph Boinnet. Others tried to reach President Uhuru Kenyatta.

But nothing they tried could save them from the long arm of the law.

Stripped of the VIP treatment that they are accustomed to, ministry officials including director general Richard Ndubai and his predecessor Sam Michuki, spent Monday night in police custody over their links to the NYS scandal.

The two are among 20 state officials and businessmen arrested by yesterday evening, expected to face charges of abetting corruption today.

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Director of Public Prosecutions Noordin Haji, who has brought a sense of purpose and urgency to the war on corruption, yesterday announced he had a watertight case against 64 suspects - individuals and companies in phase one of the crackdown.

They include more than 40 public servants and 14 directors and proprietors of business entities that worked with the National Youth Service since 2013.

They will be charged with conspiracy to commit offences of corruption and willful failure to comply with applicable procedures and guidelines on the management of public funds, among a plethora of crimes.

Others are breach of trust, neglect of official duty, abuse of office, fraudulent acquisition of public property and fraudulent making of payments from public revenues.

Haji said investigators had unravelled an intricate web through which suspects and the owners of 10 firms at the centre of the scam received fraudulent payments without any procurement.

"In this particular case, investigators revealed that there was no procurement undertaken before monies were paid out," Haji told a press conference at his NSSF office.

Haji says the current phase of investigations involves the loss of Sh468 million but detectives are pursuing other suspect payments said to have cost the taxpayer Sh9 billion in the country’s most daring theft.

He said he was confident that the evidence firmed up by the Directorate of Criminal Investigations was sufficient to nail the suspects when they are arraigned in court.

"I think I have a watertight case, there is sufficient evidence," he told reporters when asked if loopholes had been sealed to ensure conviction of the suspects.

Haji said he was appointing four special prosecutors to handle the cases, clarifying that the investigations had zeroed in on pending bills dating back to 2013, although other aspects are still ongoing.

Haji said a multi-agency team had already mapped all the asset beneficiaries from the proceeds of corruption, and frozen bank accounts of the suspects with a view to recovery of illegally obtained loot.

"In addition to prosecution, we are looking at recovering the proceeds of crime as well as establishing the tax status of the companies and individuals involved in the crimes," he said.

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Haji declined, however, to name the banks that violated regulations by allowing huge cash withdrawals.

The DCI, the Assets Recovery Agency and the Central Bank were zeroing in on suspicious accounts through which the money was channelled.

Sources say six local banks have been implicated in the irregular transactions and could face sanctions.

"Some banks allowed withdrawal and deposit of money against the CBK regulations but investigations are ongoing," Haji said.

BOOT

Detectives from the Flying Squad and Special Crimes Prevention Unit were deployed on Sunday night to hunt down NYS and state officials for being accomplices in the rip-off.

Policemen arrived at Ndubai's home shortly after 12.15am on Monday in four police cars. They were ushered in by Administration Police guarding the home after a brief explanation of their mission.

Ndubai, who was already asleep, was informed of his visitors. At first, the former Permanent Secretary declined to come out of his bedroom, leave alone open the main door to his house.

He made frantic efforts to reach top government officials to inquire about his arrest but none answered his calls. After a short while, he gave up and climbed into the back of the police Subaru, which took him to Gigiri police where he was booked.

In the same leafy neighbourhood, another team of police officers from the Flying Squad was raiding the home of Michuki, the former acting director general. He is alleged to have been in charge when the illegal transactions were carried out.

AP guards manning the gates temporarily blocked the visitors from entering the compound but gave in to their colleagues from the DCI after a brief stand off.

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Michuki, who was also asleep at 12.45am, was awakened by the commotion in his compound. He inquired from his balcony the identity of the strangers and was told they were police officers.

Michuki together with his wife questioned the police on their mission. They threatened to call top government officials but the police would hear none of it. They bundled him into the back of their car and drove to Muthaiga police where he was locked up at around 1.15am.

His wife and son followed behind to witness Michuki being locked up. His pleas to be allowed in with his pair of shoes and a shawl to keep himself warm were declined.

A few kilometers from the Runda homes of the two suspects, another team of officers gained access to the palatial home of businessman James Thuta Nderitu at Muthaiga North estate.

Muthaiga North is a residence of rich and powerful individuals. Thuita and Yvonne Wanjiku Ngugi were wanted by the police for pocketing Sh115 million of NYS money.

Policemen arrived at around 12.20am in two cars and forced their way into the home. A furious Thuita and his wife are said to have awakened and demanded to know what the intruders were up to.

They were informed that the night visitors were police officers whose mission was to pick them up.

Thuita and Wanjiku were forced into the back of the police cars and driven to Muthaiga police station where they were booked, despite protests and threats to the police.

ARRESTED

The Principal Secretary for Public Service, Youth and Gender Affairs, Lilian Omolo, who put up a spirited defence before the Parliamentary Public Accounts Committee last Friday, also surrendered to police.

Others include procurement and finance officials as well directors of 10 companies that conducted dubious business with NYS. The DPP released the names of the suspects and urged those who had not been arrested to surrender.

Business entities facing prosecution include M/S Annwaw Investment, Njewanga Investment, Arkroad Holdings Limited, Kunjiwa Enterprises, Ameri Trade Ltd, Ngiwaco Enterprises, JerryCathy Enterprises, Firstling Supplies Ltd, Kalabash Supplies Ltd and Ersatz enterprises.

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Directors include Anne Ngirita, Phyllis Njeri, Catherine Mwai, Antony Wamiti, Peter Kimani, James Thuita, Yvonne Ngugi, Jeremiah Ngirita, Lucy Ngirita, Andrine Nyambura, Catherine Kamuyu, Sarah Muguru, Samwel Kanai and James Katululu.

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