- A couple of files have been taken back to the EACC to conduct further investigations
- Telkom Kenya buyout file awaiting is DPP's response
Image: FILE
Corruption cases involving top guns in President Uhuru Kenyatta's administration, 16 county governments and seven state parastatals are among the files the new DPP is grappling with.
Eyes are on DPP Renson Ingonga’s next course of action with the anti-graft agency EACC saying it believes it has sent watertight files to the state prosecutor.
High-profile arrests could be in the offing should the Director of Public Prosecutions give a nod to EACC's bid to prosecute the cases.
“We are just waiting for his word before we pounce on the individuals we have been pursuing,” a ranking official at EACC told the Star.
The DPP, the Star has established, has returned a couple of files to the EACC to conduct further investigations.
Some of the cases have been adjudged as having serious political ramifications, coming in the wake of many other graft cases falling at the courts.
Among the latest files the EACC is awaiting the DPP’s node is the one of alleged irregularities in the Sh6 billion buyout of Telkom Kenya.
Heads are also likely to roll at Lake Turkana Wind Power, where EACC wants some of the firm's directors and associates charged.
The anti-graft agency has also narrowed down on officers at the Tourism Fund, National Youth Service, Kenya Maritime Authority and National Museums of Kenya.
EACC has also recommended charges against various officers at Kenya Wildlife Service, Technical University of Mombasa, ICTA and National Housing Corporation.
For cases involving counties, DPP has ordered further investigations into allegations against former Kitui Governor Charity Ngilu.
The former governor is accused of irregularly ordering the county’s public service board to appoint officers to a manifesto implementation unit.
The claim is that the board neither advertised nor conducted interviews for the positions.
Also under further probe at the county is a claim that the county had misappropriated Sh500 million meant for COVID-19 interventions.
Other counties with active graft cases include Uasin Gishu, Siaya, Marsabit, Kirinyaga, Garissa, Mandera, Turkana, Kitui, Machakos, Tharaka Nithi, Kericho, Vihiga, Nyeri, Kitui and Samburu.
EACC report shows that the DPP has acted on some of the county cases, ordering further investigations.
Among the big names in the Telkom case are immediate former National Treasury Cabinet Secretary Ukur Yatani and banker John Ngumi – Uhuru's ally.
EACC wants the named persons nailed for the alleged illegalities in the buyout executed in the dying days of Uhuru's reign.
Ngumi was a transaction adviser for Helios Investment Ltd, the firm that had acquired Telkom, but later sought to return the same to the state.
EACC says it established that the Communications Authority did not approve the transfer of Telkom shares [60 per cent] to the government.
“The office of the Attorney General also did not issue a legal opinion, neither were his comments and advice incorporated in the contractual documents,” EACC said.
In the probe, the anti-graft agency also recommended graft charges against Controller of Budget Margaret Nyakang’o.
The budget boss has, however, secured a court order stopping her “arrest or prosecution” about matters pertaining to her duties – until March 13, 2024.
EACC has also sucked in former Treasury Principal Secretary Julius Muia and Eng Stanley Kamau - former director of Public Investments at Treasury.
Telkom Kenya chairperson Eddy Njoroge, CEO Mugo Kibati, Chief Operating Officer Kosi Ali, Telkom CFO Allan Wainaina and Chief Strategy and Business Development Officer Julius Cheptiony have also been mentioned.
The Bishop David Oginde-led commission says, “Investigations also revealed that the acquisition of shares by GoK from Jamhuri Holdings did not meet the threshold as provided in the Public Finance Management (National Government) Regulations, 2015.”
At Lake Turkana Wind Power, the commission says its probe established that taxpayers were forced to pay Sh18.5 billion irregularly.
“Further investigations revealed that public officers were involved in contractual fraud and money laundering,” the report awaiting the DPP response reads.
DPP is also waited upon to give the way forward on the former Kiambu Governor Ferdinand Waititu case.
The ex-governor is accused of conflict of interest in the award of tenders amounting to Sh50 million to companies owned by his family members.
“Investigations established that the companies were owned by the governor, his spouse and daughter.”
At the National Museums of Kenya, EACC is pursuing officers behind a scheme where 105 ghost workers were paid Sh491 million as salaries between 2016 and 2022.
The probe, it says, established that the ghost workers would retain a percentage of the salaries received and remit the balance to NMK officers.
EACC says the ghost workers were made to obtain loans at a specified bank branch and would submit the amounts to NMK officials.
DPP Ingonga is also expected to give directions on a case of irregular payment of claims amounting to Sh6 billion to NYS suppliers.
In the matter, 11 companies have been named as having been paid the amount without requisitions attached to the payment vouchers.
“There was no evidence that the goods and services allegedly supplied were ordered by NYS officers,” the probe report read.
EACC wants charged, a former director of finance, senior inspector of electrical at NYS, and members of the service acceptation committee and the companies.
“The LPOs had dates indicating they were issued to the suppliers before their collection from the accounts department. They were not signed by an accountant.”
For counties, the cases involve false claims, conflict of interest in procurement, and contractual flaws.
In Siaya, EACC is probing officers accused of embezzling Sh400 million in false imprest claims.
The probe followed an allegation that junior employees were handed the cash for non-existent activities.
“Upon reflecting in the account, the cash was immediately withdrawn from their respective bank accounts,” the commission said.
The probe zeroed-in on an accountant who reportedly pocketed Sh18.9 million from the alleged dealings through his bank account.
DPP also recommended further probe into allegations of irregular procurement of a fire engine truck by Marsabit county government at Sh62 million.
EACC also ordered further probe into claims of conflict of interests against former Kirinyaga Deputy Governor Peter Ndambiri in two road tenders.
In Garissa, the DPP wants more details about a case involving irregular payment of Sh99 million to a private company, of which Sh88 million was withdrawn in cash.
The allegations were that the assistant director of urban planning at the county used the company [Liyaan Construction and Supplies Company] to embezzle public funds between July 2019 and January 2021.
In Mandera, a deal between the county and Kenya Red Cross is under further probe as ordered by the DPP.
It is alleged that the county government irregularly leased ambulance services from E–plus at Sh64 million per year yet had been advised to buy ambulances.
EACC says while the county was getting into the deal, it had Sh60 million for purchase of ambulances.
In Turkana, officials are under probe for alleged false claims amounting to Sh24 million purported to be for supply of soya beans – that were never delivered.
EACC had asked DPP to charge the accountant general, the public health officer who served during the tender period and directors of Amailo Investment Company – the purported supplier.
In Machakos, officials are in trouble for failing to account for two projects worth Sh32 million – being monies that were donated by World Health Organization and DANIDA Fund.
“Evidence revealed that the funds were withdrawn in cash between January 22 and August 5, 2015 by the accountant at the Health department,” the report says.
At Tharaka Nithi, DPP ordered further probe into alleged corruption in the construction of the county assembly headquarters which is to cost Sh369 million.
Kericho county also has a case of procurement flaws in the purchase of an ambulance while KMA was allegedly misled to pay Sh17 million instead of Sh7.2 million.