PUBLIC FUNDS LOSS

Lamu governor in list of 15 graft case files awaiting prosecution

Commission handled 27 files of which 12 are awaiting DPP response

In Summary
  • The Star has established from EACC sources that the inquiry in the Lamu case was conducted in the 2019. 
  • Also facing charges are Kenya Ports Authority officials accused of irregularly paying Sh137 million to six companies for no supplies.
EACC CEO Twalib Mbarak, DPP Noordin Haji and EACC chairman Bishop Eliud Wabukala during the official handover of illegally acquired land belonging to the University of Nairobi on January 29, 2019.
ALL SMILES: EACC CEO Twalib Mbarak, DPP Noordin Haji and EACC chairman Bishop Eliud Wabukala during the official handover of illegally acquired land belonging to the University of Nairobi on January 29, 2019.
Image: FAITH MUTEGI

The anti-graft agency has recommended for prosecution 15 case files of the 27 it was working on between July and September, among them that of Lamu Governor Fahim Twaha.

Ethics and Anti-Corruption Commission wants the Director of Public Prosecutions to approve charges against the county boss and other senior officials of Lamu county government over alleged abuse of office.

The EACC is awaiting the DPP’s nod saying its investigations established that the governor, county secretary and head of public service, irregularly hired 12 individuals and appointed them to different positions in the county.

“Investigations further revealed that the 12 individuals appointed either lacked the necessary academic qualifications, or were appointed without the involvement of the County Public Service Board which is charged with employing county government staff,” the EACC said in its report  published in the Kenya Gazette of December 3.

The Star has established from EACC sources that the inquiry in the Lamu case was conducted in the 2019. 

Also facing charges are Kenya Ports Authority officials accused of irregularly paying Sh137 million to six companies for no supplies.

EACC says it established that Samnix Enterprises, Mombasa Fresh Water Supply Company, Pincho Traders, Smech Enterprises, Nyavu Traders and Aquisana Limited were irregularly engaged by KPA.

“Investigations established that the indeed KPA irregularly engaged the six firms in disregard of procurement procedures leading to the loss of public money amounting to Sh137,600,000.”

“Further investigations established that some of the suppliers were paid for goods not delivered,” the report signed by EACC chairman Eliud Wabukala and CEO Twalib Mbarak reads.

The EACC is also awaiting the DPP’s word on a file where, on November 1, it recommended that officials of Vihiga County government be charged with theft of public funds.

In the case, EACC says it established that county employees benefited from payments to the tune of Sh13.9 million made to a firm the authorities believe did not supply anything.

The probe established that Boyse Ventures Limited, which is associated with employees of the County government of Vihiga, was purportedly paid for formulating a risk management policy and supplying toners.

“Investigations established that Boyse Ventures had three directors two of whom were employees of the county.”

“Further investigations established that the Vihiga county government paid Boyce Ventures Sh13,989,450 for goods not supplied or services not rendered,” EACC said.

The report further reveals how members of Laikipia East CDF committee irregularly paid out millions for non-existent road projects, commissioned without the boards’ approval.

EACC reports three instances where they believe the constituency lost money to individuals and businesses during the financial year 2016-17 for Thome-Tharua, Kahuruko-Kijabe, and Thingitu road projects.

However, investigations established that Laikipia East CDF initiated, reallocated and transferred Sh20.4 million from the main account to the project’s management committee.

“The money was allegedly for the construction of Thome-Tharua road which had not been approved by the NG-CDF board, a mandatory requirement before any project is initiated,” EACC said.

The agency said investigations further revealed that there was no procurement conducted at all for the alleged construction and the money meant for the project was transferred into individuals’ and business enterprises accounts.

“The said road had in fact been improved by KeRRA and the County Government of Laikipia and was never constructed by the Laikipia East-CDF,” the report reveals.

For the Thingitu project, Sh14.9 million was transferred from the main CDF account to the purported project committee account.

“The money for the construction of Thingithu Phase II road was however transferred into individuals’ accounts yet no construction of the alleged road took place,” EACC said.

In the third case, Sh22.1 million was transferred from the main account to individuals and business yet no construction was done on the purported Kahuruko-Kijabe road.

“Investigations further revealed that there was absolutely no procurement conducted,” Wabukala and Twalib said in the latest report.

EACC is also pursuing a fictitious payment by Bungoma county assembly to a hotel in Kisumu to the tune of half a million for a seminar MCAs never attended.

“Investigations revealed that the Bungoma County Assembly Agriculture Committee did not attend the retreat. Despite the non-attendance by the MCAs, the hotel charged the full amount of Sh510,000 that was paid by the County Assembly of Bungoma,” EACC said.

Also before the DPP is a file where EACC wants KPA officials, directors of Alootek SystemsLtd and Alootek Systems Ltd be charged with irregularities in procurement of a compressor.

Investigations, it said, revealed that the firm wrote to KPA requesting to be considered for the supply of compressors, generators, demolition equipment, light towers, and compaction equipment.

EACC says there was a problem with the tender which KPA spent Sh410,000 above the Sh8 million that was provided in the 2017-18 procurement plan.

“Investigations revealed that officials of KPA agreed to the request and recommended that Alootek be contracted for the supply of Atlas Copco Compressors. No procurement was done to allow other competent firms to bid,” the report reads, with EACC revealing that the firm posed as the sole supplier to influence the tender award.

EACC is also awaiting the DPP’s response to its recommendation to charge a chairman of the Human Resource and Administration Committee at the Kenya Plant Health Inspectorate Services.

The director allegedly requested for Sh50,000 bribe to facilitate the renewal of a contract of one of the inspectorate’s managers.

“An investigation was conducted and established that officer requested for and received the financial advantage. A report was forwarded to the DPP recommending that the suspect be charged with receiving a bribe,” EACC said.

The commission has also been asked to conduct further investigations into a complaint that three enforcement officers solicited a Sh65,000 as an inducement to obtain a renovation permit from the city county.

Among the cases is also one where the DPP has ordered further investigations into bribery claims against a principal of Namboboto secondary school. 

The teacher is accused of demanding a Sh15,000 bribe to release a cheque due to a contractor who repaired computers and installed an anti-virus on the same.

 

 

-Edited by SKanyara

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