•EACC said the recommendations followed probe into allegations of embezzlement of funds against officials of the Gatundu South NG-CDF.
• Moses Kuria has declared interest in the Kiambu governor position.
Image: JOHN KAMAU
Gatundu South MP Moses Kuria's graft cases over NG-CDF funds could harm his political ambitions, if charged.
The MP is staring at three corruption cases following recommendations by the anti-graft agency to the Director of Public Prosecutions Noordin Haji.
The legislator’s fate now lies with Haji, who is yet to approve recommendations of three reports compiled and forwarded to him by the Ethics and Anti-Corruption Commission on November 23 and 24.
EACC wants Kuria to be charged with fraudulent acquisition of public property, conflict of interest and dealing in suspect property.
Efforts to get a response from Kuria were futile as he could not be reached, his phone was off.
In a report covering the fourth quarter for the period starting October 1 to December 31, 2021, the EACC said the recommendations followed investigations into allegations of embezzlement of public funds against officials of the Gatundu South NG-CDF.
He has declared interest in the Kiambu governor position.
Kuria will battle for the seat on his Chama Cha Kazi ticket.
He will face incumbent Governor James Nyoro, Senator Kimani Wamatangi, county speaker Stephen Ndichu, Thika MP Jungle Wainaina and former Governor William Kabogo.
EACC said investigations established in 2016-17, Gatundu South NG-CDF received a budget allocation of Sh66,970,689 out of which Sh15 million was allocated to the Gakunju Memorial Primary School project.
The anti-graft agency said Stamic Agencies was awarded the contract and paid Sh14,956,320 and transferred Sh9,177,700 to Raret Enterprises- which was owned by the then chairperson of the Gatundu South NG-CDF and a signatory to the Project Management Committee’s account.
“Investigations revealed the chairperson upon receipt of the Sh9,177,700 from Stamic Agencies Limited, made a cash deposit of Sh3,700,000 to account number 0660263591736 at Equity Bank, Gatundu Branch belonging to the MP, Gatundu South Constituency,” the report said.
EACC recommended Kuria be charged with one count of fraudulent acquisition of public property, conflict of interest and one count of dealing in suspect property.
It recommended the chairman of the Gatundu South NG-CDF be charged with one count of conflict of interest and another count of failure to disclose a private interest.
It wanted the fund account manager charged with one count of willful failure to comply with the law and officials of the Gatundu South NG-CDF with three counts of abuse of office and charge Stamic Agencies and its director with one count of fraudulent acquisition of public property.
EACC said it started another investigation on February 7, 2019, into allegations that Kuria’s siblings and close allies incorporated limited liability companies to do business with the Gatundu South NG-CDF.
“Investigations revealed True Bidders Construction Company Limited received a Sh 2,179,342 from two tenders and subsequently transferred Sh1,800,000 to African Diaspora Finance Limited whose two directors, are the area MP and Emerging Capital Holdings Limited, which has the legislator as its sole director,” the report said.
The tenders were landscaping of field at Ndundu Secondary School and a block making machine base and shed at Gatundu Technical Training Institute.
It further wants the NG -CDF chair charged with conflict of interest, failure to disclose a private interest to one’s principal and unlawful acquisition of public property.
EACC recommended the fund administration manager be charged with five counts of willful failure to comply with the law relating to procurement, one count of engaging in a project without prior planning and two counts of willful failure to comply with the law relating to procurement
The anti-graft agency said it started investigations after receiving a report of receipt of the benefit of Sh3.3 million and conflict of interest by Gatundu South MP through Finishline construction.
The company had been awarded a tender for the construction of a dormitory at Wamwangi Secondary School at Sh12 million by the Ministry of Education.
“Investigations revealed Finishline construction limited completed the construction of the said administration block and was paid Sh11,999,720 by Wamwangi Secondary School,” the report said.
It said Finishline in turn transferred Sh3,300,000 to Smith and Gold Production Limited.
Investigations revealed one of the directors of Finishline Construction Limited is Kuria's brother.
Investigations, therefore, established that Kuria was the beneficial recipient of the Sh3,300,000 from Finishline company.
EACC wants Kuria charged with one count of dealing in suspect property and one count each of unlawful acquisition of public property for the Principal of Wamwangi Secondary School, the vice chairperson of the Board of Management of the School and the Parents Teachers Association chairperson.
Edited by Kiilu Damaris