Kenya Insights

Tag: EACC

  • EACC to seize Kidero’s high end apartments

    EACC to seize Kidero’s high end apartments

    Detectives from the Ethics and Anti-Corruption Commission (EACC) have unearthed a paper trail of how the former Nairobi governor Dr. Evans Kidero swindled money from City Hall and used in refurbishing his luxurious apartments in Nairobi’s Riverside Drive.

    Kidero used fake legal contracts to loot from City Hall using his former chief of staff, one George Wainaina who sent him money through a company identified as Cups Limited.

    The embattled governor received money from Wainaina’s firm on January 14 2014 and a day later, the ex-governor transferred his share of Sh14.4 million to Virji Meghji who built his Gem Suites Riverside apartments. The luxurious apartments attract a monthly rent of Sh540,000.

    EACC is now seeking to recover the Sh14.4 million from Kidero as it aims to seize one of the apartments to be held in trust on behalf of the county government of Nairobi.

    “In the alternative and without prejudice, a declaration that the plaintiff (EACC) is entitled to trace the aforesaid amount… into serviced apartments (known as Gem Apartments) on land parcel known as LR. No 205/46 within Riverside Area, in Nairobi County and that the 1st defendant holds the property in trust for the county government of Nairobi,”  EACC documents filed in court read.

    Nairobi County lost Sh58.8 million in the looting spree where monies were wired to 10 individuals who are now under the radar of the EACC that wants a refund or seizure of their assets including plots and high-end cars.

    George Wainaina, Kidero’s former chief of staff who was part of the looting scheme [p/courtesy]
    EACC found that the former governor looted through a ghost company known as Kyavee Holdings which sued the defunct Nairobi City council over a botched land sale.

    Dr Kidero and his looting gang used a law firm, Wachira Mburu Mwangi & Company Advocates to represent City Hall in the case and later used the same law firm to demand millions from City Hall in the name of  legal fees.

    Documents filed in court confirmed that Sh58 million was paid to late Stephen Mburu the managing partner of the law firm who retained Sh11.5 million then wired to Sh15 million to Cups Ltd and Sh7 million to John Ndirangu Kariuki.

    Wainaina’s Cups Ltd then sent Sh14.4 million to Kidero who paid later Mr Meghji the same amount to upgrade his apartments. Mr. Wainaina claimed to have sent the money to Kidero to buy a Toyota Lexus but EACC detectives have learnt that the car belongs to Kidero.

    “The legal fee claim was a fraudulent scheme set to defraud the county government of Nairobi as the said fee claim was founded on false claim, by a non-existent company and intentionally filed by an unqualified person with the intention of rendering the suit incompetent,” the EACC said in a statement.

    Dr Kidero is a big man in the real estate business who boasts of well-off tenants such as staffers of the United States embassies, the United Kingdom, Sweden, and expatriates. He owns land and buildings in Nairobi estimated to be worth over  Sh9 billion.

  • Swindling, Ghost projects outline Governor Sang’s first term

    Swindling, Ghost projects outline Governor Sang’s first term

    Nandi Governor Stephen Sang will have a toll order convincing  the electorate to hand him a second term after his administration launched many ghost projects in 2018 that have NOT reached completion to date. Members of his kitchen cabinet have also been implicated in mega corruption scandals and poor mistreatment of contractors.

    Auditor General Nancy Gathungu in her recent report questioned ‘the inability’ by Sang’s administration to complete the 491 projects valued at Sh1.3 billion initiated in the 2018-19 financial year. The AG’s report on counties shows that Nandi County was allocated the money for the projects but swindled the money and had only completed one project, some 110 were on progress and 310 projects had not started.

    The stalled projects include the construction of the Nandi county  headquarters which began in 2013, at a cost of Sh103 million. That landmark project has stalled with more than Sh97 million already paid to the contractor who is no longer at the site.

    Sang’s other mega scandal is  the delayed completion of 60 ECD centres in the county where Sh114.3 million had been paid for the projects that is not even 20% complete. EACC are probing the Nandi County boss who become a frequent client of anti-graft courts.

    In August 2019, Public Accounts and Investments Committee tipped the Ethics and Anti-Corruption Commission (EACC) to investigate how Sh17 million meant for the construction of the ECD centres was spent. The incompetent governor appeared before the committee but failed to provide financial documents to account for the money.

    Kirinyaga Senator Charles Kibiru who chaired the PAC proceedings said failure by Sang to provide proper financials records raised suspicious over the utilization of the funds.

    “What is done is done and we can comfortably confirm that Governor you did not comply with the law in your work. There is no justification as to why you did not provide those documents to show how far the construction was. In our report, I can assure you that we will invite the EACC to investigate this matter,” said Kibiru.

    Auditor General Nancy Gathungu [p/courtesy]
    The auditor general’s report further revealed that Sang used more than Sh319 million on domestic and subsistence travels which stretched their expenditure by Sh96.5 million without the approval by the county assembly.

    Gathungu pointed that the irregularity led to diversion of public funds that had been budgeted to provide goods and services to the people of Nandi County.

    Sang’s administration again went ahead to irregularly pay Sh2.9 million as ‘travel allowances’ to MCAs to attend a meeting in Mombasa yet the county assembly operates its own budget. The move was aimed at compromising MCAs from playing their watchdog role.

    “As a result of the irregular payments, the MCAs were made to oversight on monies they had directly benefited from and this action hampered good governance in the county government of Nandi,” the report read in part.

    Governor Sanga has inherited the vice from his predecessor Cleophas Lagat whose homes have been raided by anti-graft authority several times. Lagat’s mansions in Nandi, Kapseret and Elgon View in Eldoret were raided in 2018 by EACC detectives who seized phones, title deeds, bank account details, log books, personal files and other documents that linked the ex-governor to major looting scandals he presided over while in office.

    The swoop conducted at the wee hours of the morning also targeted more than 30 senior officers in his administration who formed part of his looting gang. Governor Sang is milking Nandi coffers the same way – through a ring of cartels, mostly senior members of his administration.

    Members of Sang’s chief executive committee are starring in corruption, abuse of office and mistreatment of genuine contractors by deliberately delaying their payments after completion of work.

     

     

  • EACC After Anyang’ Nyong’o Led Kisumu County Assembly

    EACC After Anyang’ Nyong’o Led Kisumu County Assembly

    The probe into Kisumu County Assembly corruption and misuse of funds has taken a new twist after EACC launches fresh investigations and seek documents on financial expenditure since September this year.

    The anti-graft agency is also investigating payments that were made to the Budget Committee during Speaker Onyango Oloo’s tenure and has summoned 13 MCAs over unethical behaviour in the assembly.

    EACC is also investigating the Assembly’s expenditure on irrelevant trips made by the ward reps in the last three months. This investigation comes just a few months after the County Assembly ousted Speaker Onyango Oloo.

    Ousted Oloo ordeals exacerbated in September when he was arrested alongside 30 other people, among them Bobasi MP Innocent Obiri, for alleged involvement in the graft over the construction of the Lake Basin Development Authority (LBDA) mall in Kisumu.

    An affidavit filed in court showed that the initial project cost had been set at Sh2.45 billion but was later varied upwards to Sh3.86 billion. The final account submitted by Quantech Consultancy, a firm associated with MP Obiri, valued the final works at Sh4.1 billion.

    The works were, however, later assessed by a team of experts from Public works who prepared a report dated March 2018 and valued it at Sh3,011,166,765. This meant the final account was overstated by Sh1,127,728,339.

    Mr Oloo, who was then the LBDA Board chairman allegedly received a total of Sh15 million, from Erdermann Property Ltd as an inducement to facilitate the allocation of funds to LBDA, for the construction of phase 1 of the project.

    In a letter dated December 2, EACC western Regional Deputy Director Aura Chibole directed the clerk to provide personal files of seven officials, including former acting clerk Linet Ochieng who served during Oloo’s time as well as a sergeant-at-arms by Monday, December 9.

    “The commission pursuant to its statutory mandate … is investigating allegations of abuse of office, corruption, falsification of academic certificates and irregularities in employment of staff. Kindly furnish us with the original payment vouchers for all the trips for the month of November by staff of the county assembly,” reads the EACC letter.

    One officer from the public relations department, another human resource and a commissioner are also part of the investigations. The agency is also probing the payroll of all staff from September to date.

    In his defense, acting Speaker Elisha Oraro yesterday confirmed receiving the letter from EACC.

    “We have already received the letters from the EACC and we are cooperating with them,” he said.

  • Corrupt KPA Boss Daniel Manduku And Management Questioned By DCI

    Corrupt KPA Boss Daniel Manduku And Management Questioned By DCI

    Kinoti led DCI detectives yesterday questioned the corrupt senior Kenya Ports Authority (KPA) officials. Manduku lead management differed with junior KPA board members on the approval of multimillion tenders that have seen coffers lose billions setting a stage where arrests of KPA officials are eminent.

    Last week, DCI handed over the files implicating KPA boss Manduku to massive graft at the authority to Haji led ODPP.

    “The file was handed over to me. We are looking at it and if satisfied as ODPP we will proceed,” Mr Haji said.

    Yesterday, Monday, all KPA Board members were summoned at the DCI Headquarters for questioning in a probe of flawed tenders worth sh2.7 billion. Board chair Joseph Kibwana was the only one absent.

    The DCI probe revealed differences between the board and corrupt managing director and DP Ruto’s alleged ally Daniel Manduku emerged after he claimed that his signatures were forged.

    Kenya Railways Corporation MD Philip Mainga was also quizzed over the Makongeni yard, which KPA had intended to buy but the deal never materialised yet KPA went ahead used  Sh500 million—from ICDN funds—for the development of the same yard.

    Those on the DCI’s radar are Dr Daniel Manduku, operations general manager William Rutto, senior works officer Anthony Muhanji, principal civil engineer Bernard Nyobange and works officer Juma Chigulu.

    In May this year, EACC and DCI launched inquiries over the fraudulent awarding of a Sh40 billion Kipevu Oil Terminal project. According to the investigative agencies, the tender was awarded to a blacklisted Chinese firm in October 2018.

     

     

  • Prof Lunyangapuo Led West Pokot County Spent Sh300Million On Boreholes Constructed By An NGO

    Prof Lunyangapuo Led West Pokot County Spent Sh300Million On Boreholes Constructed By An NGO

    Ethics and Anti-Corruption Commission (EACC) is investigating West Pokot County’s Water Department for embezzlement of Sh300 million meant to construct boreholes that had already been set up by Pokot Outreach Ministries, a non-governmental organisation operating in the large Pokot area.

    EACC sleuths drawn from Eldoret and Nairobi offices stormed and seized assorted documents from the Kapenguria offices. Some staffs at the Water Department who are implicated in the payment of the dubious projects have recorded their statements.

    “I want to confirm to you that we shall be summoning several senior staff from the water section including the immediate water chief executive officer Milka Psiwa to shed light on how they spent the money,” the official told Citizen Weekly journos in Kapenguria shortly after visiting the officers in focus.

    Governor Lonyangapuo

    “For sure, nobody will be spared once we are through with the investigations that will see several personnel facing the wrath of the law,” the official from the EACC said, adding that the investigations were at an advanced stage.

    According to EACC reports, Officials from the Water Department spent funds from West Pokot County funds with documents stating that they had drilled boreholes at Kacheliba, Kapenguria, Sigor and some parts of Chepareria. Each borehole is said to have swallowed over Sh15 million.

    “We want the West Pokot governor John Lonyangapou to tell us on which criteria did the county government use to pay money on projects that had already been funded by his organisation,” Rev Julius Murgor, the director of the non-governmental organisation that has been involved in the drilling of boreholes 

    Murgor stated that EACC officials had written to him requesting that his NGO, Pokot Outreach Ministries confirm how many boreholes they had drilled boreholes in the entire West Pokot County.

    “How can the County Government pay Sh 300 million that is supposed to be public fund to projects that we have already been completed with our own funds?” Rev Murgor asked.

    In his defense, Governor Lonyangapou, after jetting in from America where he had gone on an official trip while accompanying Milka Psiwa who then was heading the department in question before being moved to the health docket, said that he was not aware that funds from his County had been used to pay the said projects. The talkative governor added that those involved should prepare to carry their own cross.

    Kapenguria MP Samuel Moroto, Kacheliba MP Mark Lomolokol and his Sigor counterpart Peter Lochakapong have while commenting on the issue, stated that those implicated in the loot should be prosecuted.

    West Pokot county Speaker Catherine Mukenyang also urged that those involved in the looting of public funds should not be spared by the law. Her statement was seconded by Senator Samuel Poghisio who challenged Lonyangapou to come out clean over the fraud.

    Rev John Lodinyo of Kiwawa parish said it is time those involved were made to face the law with immediate effect. With former-immediate, West Pokot governor Simon Kachapin said that those involved should be in jail.

     

  • How Kakamega County Lost Sh6.6Million On Ghost Health Programmes

    How Kakamega County Lost Sh6.6Million On Ghost Health Programmes

    Council Of Governors Chair Wyclife Oparanya led Kakamega County has lost Sh6.6Million from taxpayers funds in a ghost insider planned public health volunteers training programme.

    The alleged masterminds are Public health chief administrator Everlyne Mulunji, community health services coordinator Chris Lumiti and his deputy Stephen Anjeche.

    Kakamega county MCAs have written to the Governor to suspend the trio over the loss of Sh6.6 million, that according to the three, was aimed at improving county health programme.

    The MCAs written to Ethics Anti-corruption Commission and Directorate of Criminal Investigations to investigate the said graft revelations.

    In a document the MCA’s have since said to have forwaded to the DCI and EACC, Deputy health coordinator Stephen Anjeche signed an open Cheque of Sh5,694,000 meant to train community health volunteers.

    According to the previous record backed on the cheque, the funds were to facilatate the training in 12 subcounties. But their are not after events records, pictures, videos nor actual venues of said training. In short the whole thing never happened.

    In the document also, MCA’s state that Anjeche  booked a hotel with four ladies and three men and started transferring the millions of via Mpesa to proxies’ phones. The report, according ti a media source, contains images of Anjeche and the accomplices engaging in sex and merry making at the hotel.

    The committee report also revealed that Anjeche agreed to have forged the crucial documents to surrender the imprests.

    According to Anjeche, Kakamega Health services coordinator Chris Lumiti demanded Sh1.3 million to protect them.

    Speaking before the MCA’s, Anjeche said Lumiti called him at Kakamega Golf Hotel where he insisted that 1.3Million be given governor Wycliffe Oparanya business associate Sir Rodger Martins.

    Roger Martins is linked to Imarisha Afya ya Mama na Mtoto, that according to the report, is allegedly being used to siphon millions from the county.

    The same Oparanya associate is said to have pressured Lumiti and Mulunji and opened an Mpesa account to pay CHVS and irregularly withdrew Sh915,000 from Imarisha Mama Account.

    The county commitee was baffled by Ms Mulunji, who the report says is now a millionaire, who stated that she personally supervised programme but failed to name the venues.

    On her defense,  Ms Mulunji states that the health committee members chaired by Lukas Radoli requested Sh2.5 million from them so as to ‘keep quiet’ but they refused. She rubbished the report terming it as a witchhunt.

    “Radoli called me and I found him in a hotel located along Kakamega-Webuye highway. He was with two ladies and he gave me their mobile phone numbers to Mpesa them Sh120,000 each but I refused hence my troubles with him,” said one of the county health officials.

  • EACC Approves Airtel-Telkom Merger

    EACC Approves Airtel-Telkom Merger

    EACC has affirmed that Telkom Kenya is a private company clearing the telco to embark of its plans to merge with Bharti Africa-owned Airtel Kenya.
    In August, the Parliament had inquired the Ethics and Anti-Corruption Commission to scrutinize how the merger deal between the two telcos was brokered and whether the state’s interests were warranted.
    However, EACC in a letter to the Communication Authority of Kenya, the commission states that;
    “Preliminary investigation has established that TKL (Telkom Kenya Ltd) is a private company jointly owned by the Government of Kenya through Cabinet Secretary, National Treasury and Helios Investors Fund III LLP (Helios) through Jamhuri Holdings Limited.”

    According to records, the State has only 40 percent shares in Telkom while Helios clutches the remaining 60 percent.This implies that Telkom Kenya isn’t subjected to State Corporations Act, and therefore, can’t be probed by EACC as the Parliament had requested.

    The merger hopes are still danglis as on Friday last week, CA said that it was yet to receive the letter from EACC.

    “CA is yet to receive EACC clearance to progress the merger,” said the Communication controller.

    EACC clearance was not the only hurdle as CA had instracted the two telcos to clear any debts before their merger can be certified.

    Safaricom had written to CA blocking the merger plans before Telkom and Airtel their debts. According to Safaricom acting CEO Micheal Joseph, Telkom Kenya owes Saf Sh906.6 million and Airtel Kenya has Sh390.7 million to clear. The debts have accumulated from interconnection, co-location and fibre services charges they had sourced from Safaricom.

     

  • EACC Wants The State To Forfeit Governor Moses Lenolkulal’s Karen Properties

    EACC Wants The State To Forfeit Governor Moses Lenolkulal’s Karen Properties

    EACC wants to take the war on corruption a notch hire as they file court applications to allow the state to take over the ownership of  Samburu Governor Moses Lenolkulal’s four properties in Nairobi’s Karen Estate and Sh14.6 million in his KCB account.

    In May this year, Lenokulal was implicated in corruption and unlawful acquisition of public property, and the court, later on, froze the transfer of the multi-million shilling property and Sh14.6 billion in a KCB account. And last week, EACC disclosed to the court that it had filed an application for forfeiture of the properties.

    Diana Kenduiwa, the EACC lead lawyer said that the agency has concluded its investigation of Mr. Lenolkulal and Oryx Service Station, a company associated with the governor. Oryx is said to be the main unprocedural supplier of fuel to the Samburu county government.

    According to the EACC investigations, Lenolkulal’s properties were purchased using public funds swindled from the Samburu County government funds.

    High Court judge Charles Kariuki last week certified as urgent an EACC petition in which the anti-graft agency sought to extend the freeze order on the governor’s Karen properties and two bank accounts. The commission argued that the governor was likely to dispose of, lease or develop the parcels.

    EACC Lawyer Ms. Kenduiwa said that the application for forfeiture of the property and the money being held at KCB was pending before the High Court.

    According to EACC, they have conducted thorough investigations into allegations of corruption and economic crimes, and conflict of interest involving contractors and officials of Samburu county government revealing that over Sh1.6 billion was embezzled between January 1, 2013, and December 31, 2018.

    EACC told the court that the Governor and other implicated officials have been trading with their companies or in collusion with private companies. The officials also reportedly engaged in a fraudulent scheme to embezzle funds through inflated or fictitious procurement of contracts.

    Oryx Service Station, for instance, is said to have been supplying fuel to the county government between 2014 and 2019. It is alleged that Mr. Lenolkulal and the company received in excess of Sh80.7 million for provision of petrol and diesel.

    The EACC said Lenolkulal purchased four properties in Karen on July 8, 2015.

    The governor has been charged together with nine chief officers. The nine are Stephen Siringa Letinina (County Secretary), Daniel Nakuo, Josephine Naamo Lenasalia, Mr Reuben Marumben, Milton Lenolngenje, Paul Lolmingani, Bernard Lesurmat, and Lilian Balanga. The judge directed the application to be heard on September 17.

  • EACC: Firm That Won Sh357M Garbage Collection Tender Had Wired Sh20M To Sonko

    EACC: Firm That Won Sh357M Garbage Collection Tender Had Wired Sh20M To Sonko

    Ethics and Anti-Corruption Commission detectives have now put Nairobi Governor Mike Sonko on the frying pan after he allegedly pocketed Sh20 million from a remunerative garbage collection contract involving Nairobi County government.

    According to EACC, some of the firms that won the Sh357 million tender wired more than Sh20 million to Sonko’s personal bank accounts in what is now believed to be kickbacks.

    EACC has also revealed that the money transactions were not paid directly but through proxies and sister companies in what sleuths believe was a calculated move meant to avoid raising suspicions.

    On Tuesday Sonko was taken through a marathon eight-hour grilling at Integrity Centre, where he recorded 13 different statements. He denied receiving any money and all other allegations, insisting that he was not involved in the procurement process.

    In his defense, Sonko blamed people he did not name in his office for making the payments behind his back.

    “I blacklisted the companies and blocked their payments after the Environment committee raised issues,” he added.

    EACC is probing claims of corruption in the award of the tenders for 2017-18 and 2018-19. At the centre of the alleged bribery claim is one Anthony Otieno Ombok — a director of Yiro Enterprises, one of the firms that received the controversial tender. Ombok alias Jamal is also said to be a director of another firm known as ROG Security Ltd.

    According to EACC investigations, after receipt of payment from the Nairobi County Government, some of the firms would wire part of the cash to bank accounts associated with Ombok. He would then send the money to Sonko’s bank accounts. Detectives have established the complex money trail, almost similar to that which was allegedly used by Kiambu Governor Ferdinand Waititu to get cash from the county.

    “It’s alleged that the companies that won the garbage collection tenders after receipt of payments from Nairobi City County Government through proxies and sister companies made payments of over Sh20 million to Governor Mike Mbuvi Sonko—through his bank accounts,” stated an EACC document seen by the media.

    EACC are set to probe Ombok this weekend as the investigation enters the final phase. Companies awarded the garbage collection tender include Hardi Enterprises, Jackoy Enterprises, Flexilease Ltd, Accacia Equipment (K) Ltd and Aende Group Ltd.

    According to EACC, the probe is also focusing on claims that the tenders were dogged by procurement irregularities and misappropriation of public funds. There are also claims of inflated payments, fraud, and conflict of interest.

    Sonko has presented himself as an innocent governor who is only being sought for the sins committed by his employees.

    “I’m not under investigation, but I was summoned as the Chief Executive of the county to come and shed light. As county boss, I don’t sit in the procurement committee and I’m not the accounting officer but I have the general responsibility for my officers.” Sonko said on Tuesday after the questioning at Integrity Centre.

    Sonko claimed the questions centered on concerns raised previously by the county Environment committee questioning how some of the companies were awarded tenders without proper qualifications and due process.

    “I’m not under investigation, but I was summoned as the Chief Executive of the county to come and shed light ” Sonko said 

    If the investigation goes deeper and Sonko gets charged, the prosecution is likely to plunge Nairobi into a constitutional crisis because to flamboyant governor might be forced out of the Office. He has refused to name a deputy governor almost 21 months after his deputy Polycarp Igathe resigned over their troubled working relationship.

    This means Sonko will have no one to hand over to, a precedent that has already been set by the High Court following a landmark decision by Justice Mumbi Ngugi. Additionally, the Nairobi county assembly has no substantive speaker following the impeachment of Beatrice Elachi.

    Waititu and his Samburu counterpart Moses Lenolkulal have been barred from office after Justice Mumbi ruled that county chiefs charged with corruption should stay away from the office.

    Their roles should be completely taken over by their deputies for the duration of their trials, the ruling stated. The red flag over the garbage collection tender was first raised by the Nairobi county assembly Public Accounts Committee in July last year.

    The watchdog committee revealed that officials at City Hall’s Environment department could not account for more than Sh160 million paid to contracted garbage collectors. This was after it emerged that the county government irregularly paid Sh162 million to 11 companies contracted to collect garbage.

    However, officials could not submit payment vouchers made to the companies, the list of the 11 firms and their contractual documents to support the payment.

     

  • EACC Probes Governor Oparanya Over The Sh250M Hotel He Bought In Kisumu

    EACC Probes Governor Oparanya Over The Sh250M Hotel He Bought In Kisumu

    Kakamega Governor Wycliffe Oparanya is on the Ethics and Anti-Corruption Commission radar as the antigraft agency investigates into a corrupt deal that saw him acquire a Kisumu Hotel at a cost of Sh250 million.

    According to EACC report seen by the media, the graft watchdog is probing into allegations that Oparanya used public funds believed to have been embezzled from the county government of Kakamega buy St John Manor hotel in Kisumu city.

    St John’s Manor hotel is a three-star star facility located along the Nerhu Road in Kisumu town. It’s adjacent to Kisumu Impala Sanctuary and the exclusive Kisumu Yacht Club.

    The hotel is the preferred choice for nearly all governors from the Lake Basin Region when holding meetings in Kisumu and costs between Sh6,000-Sh9000 a room per night.

    Our background checks revealed that St John’s Manor hotel features a swimming pool, fully air-conditioned rooms, a private balcony, laundry services, and airport pickup services.

    In his defense, the Council of Governors has said that EACC’s probe is a waste of time because he neither owns the hotel nor does he have any interest in the facility.

    “I don’t own that hotel and I have never owned it. If they want to investigate, let them go and do so. There is nothing wrong with me owning a hotel. Even if I owned it, I would gladly say so. What is wrong with owning a hotel?” Oparanya told the media

    Oparanya has been receiving immense compliments for initiating far-reaching reforms when he served as minister for National Planning during the grand coalition government and his currently impressive development record in Kakamega could hit an anti-climax with this anti-corruption purge.

    The western’s hardcore ODMer who is also ODM deputy party leader is planning to vie for President in 2022 and him being on the growing list of county head under the EACC radar for corruption could knock his presidential ambitions off.

    A new ruling barring governor charged for graft from stepping into office is causing sleepless nights to the county bosses. Kiambu governor Ferdinand Waititu and Moses Lenolkulal of Samburu County have been blocked by the court order from accessing their offices after they were charged over corruption.

    Other governors whose hope to finish their term remain dangling include Sospeter Ojaamong of Busia County and Migori’s Okoth Obado who are facing corruption and murder charges respectively.

    Justice Ngugi in June this year ruled that Governors, just like other civil servants, should stay away from the office until their cases are heard and determined. But governors, through Oparanya had protested the verdict saying it was a recipe for chaos at the counties since it conflicts the law on the removal of governors from office.

    “The council of governors calls for respect for existing laws and laid down legal procedures. Arraigning a governor and denying him access to county offices will only emotionally charge the public,” Oparanya said last week at a press conference.

    According to the EACC report, the anti-graft agency is also investigating the managing director of Meru County Investment and Development Corporation over Sh20 million that was swindled during the refurbishment of the Meru County Hotel in 2016.

    The 3-decade-old hotel had been taken over by the county in 2016, three years after its management collapsed, as part of former governor Peter Munya’s strategy to boost hospitality and conference tourism in the region. According to the documents, the hotel was to be expanded into a three-star category that entails a swimming pool, a physical fitness center, 150-seater conference hall among other facilities.

    When the current governor Kiraitu Murungi took over the reins of power in 2017, he shelved the hotel idea and announced the conversion of the Hotel into an office space. Murungi had said the county would then pay rent to the MCDIC in what would cut the annual rent expenditure for the county from Sh18 million to Sh10 million.

    The commission is also investigating the Ali Roba led Mandera County government of various irregularities.

    The list is endless as the EACC sleuths are also on the neck of Mandera County Governor Ali Roba, who according to the commission is under probe over Sh242 million allegedly embezzled during the construction of an abattoir in Mandera town and a further Sh 270 million meant for the construction of a regional livestock market.

    Hassan Joho is also on the watched and wanted corrupt governors list as his Mombasa County government is being investigated over dubious payments to a law firm and other five private companies that saw Sh 239 million embezzled.

    In Nairobi, individuals serving in Mike Sonko-led administration are under probe for fraud in inconsistent and exaggerated payments made to proxies amounting Sh 858 million.

    In Kwale, officials are under investigation for misappropriated of Sh401 million meant for the construction of the county Assembly complex, and in Isiolo, officials are being probed for embezzling Sh224 million meant for the purchase of laptops and sh116 million paid out to ghost workers.

  • It’s The End Of The Road For Kiambu Governor Ferdinand Waititu

    It’s The End Of The Road For Kiambu Governor Ferdinand Waititu

    Things are escalating from bad to worse for Kiambu Governor
    Ferdinand Waititu, who, if everything goes as it is now, might be forced out of office.

    Waititu, who’s whereabouts is currently unknown, has vanished together with his family after DPP Haji ordered for their immediate arrest and arraigned in court on several corruption and fraud charges.

    Haji’s orders followed Thursday’s ruling by Justice Mumbi Ngugi who ruled that Governors charged with corruption should stay away from office and their roles and duties be discharged by their deputies until their innocence is proven.

    The war on corruption seem to have been taken seriously and the Judiciary, which had been complaining of case interference from Executive and other arms of government, given chance to prove their prowess and independence to clean the country’s biggest mess.

    DPP Haji on Friday stated that Waititu and other corrupt county officials will face charges of irregular award of tenders worth Sh588 million and embezzlement of public funds.

    Amongst those of DPP’s radar with their arrest warrant out already include Governor Waititu’s wife Susan Wangari Ndung’u, director Bienvenue Delta Hotel, Lucas Wahinya the Chief Officer roads of Kiambu County and evaluation committee members Zakary Mbugua, Joyce Musyoka, Simon Kang’ethe, Anselm Wanjiku and Samuel Mugo.

    The Ethics and Anti-Corruption Commission (EACC) has been investigating allegations of irregular procurement of a tender for the upgrading of various gravel roads to bituminous surface in the county,

    According to EACC investigations, Waititu and his accomplices awarded M/s Testimony Enterprises Ltd irregular tenders worth Sh588 million 2017/2018 financial year.

    EACC alleges that the directors of M/s Testimony Enterprises, who have already pocketed 147.3million, are close associates of the Governor Waititu and his family.

    “I find that the award of the contract for Ksh.588,198,328.20 in respect to tender No.CGK/RTPW&U/142/2017-2018- for the upgrading of various gravel roads to Bitumen surface in Thika, Limuru, Gatundu North, Juja and Ruiru sub-counties was skewed in favour of M/s Testimony Enterprises Ltd, and the county government officials were culpable,” reads part of DPP’s statement.

    “The directors of M/s Testimony Enterprises Ltd were close associates of Ferdinand Ndung’u Waititu Babayao, the Governor of Kiambu County. The total amount of Ksh.147,274,055.39 have so far been irregularly paid to Testimony Enterprises Ltd in relation to the subject tender,” DPP adds.

    DPP Haji stated that he has independently reviewed the evidence in the inquiry file and the report and he’s satisfied that there is ‘more than sufficient evidence’ to sustain charges against Waititu and the other named suspects.

    DPP and EACC are set to charge Waititu, his family and co-accused with conflict of interest, abuse of office, wilful failure to comply with the law on procurement, engaging in fraudulent practices, fraudulent acquisition of property, and money laundering.

    DPP’s arrest orders comes at a time when Mr Waititu had filed an application at the high court seeking to bar his arrest and possible prosecution.

    Waititu is also on EACC’s radar over alleged questionable expenditure for, among other things, the controversial Kaa Sober programme that was valued at 2million daily contrary to the Public Finance Management Act.

    Waititu, just as any other corrupt leader, apparently majority of them are allied to Tangatanga movement, tenure is inevitably hitting the dead end.

    The Judiciary wants to prove a point and unluckily, Tangatanga folks are on the frying pan after allegedly frying wananchi.

    Chief Justice Maraga has also added his weight and Waititu just as his tangatanga corrupt folks are, without doubt, going to feel his wrath.

    Early July, Chief Justice Maraga suspended Kiambu Principal Magistrate Bryan Khaemba, who had given Governor Ferdinand Waititu an anticipatory bail while on his sick leave.

    According to a suspension letter from Chief Justice David Maraga, Khaemba won’t be paid or report at his place of work because his orders breached Rules 3 and 12 of the Judicial Service Code of Conduct and Ethics.

    Chief Justice David Maraga stated In the letter dated June 13 that Khaemba’s actions amount to gross misconduct contrary to the Human Resource Policies and Procedures Manual.

    “He sneaked to the court and made the ruling on Waititu’s matter MISC. CR APP. No 222 of 2019 yet it had not been allocated or listed to him.” CJ Maraga stated.

    “In view of the above, you (Khaemba) are hereby required to show cause why disciplinary action should not be taken against you for the offence,” reads part of CJ Maraga’s letter.

    I don’t know how Tangatanga members chose themselves but the entire team from their leader DP Ruto, to the lowest ranks such as personal guards, drivers and even social media influencers are directly or indirectly involved in a fraud, corrupt, civil and legal charges or battle.

    Just the day, Another Tangatanga allied member- former CS Henry Rotich was forced out of the President Uhuru’s administration because of a multi-billion dams fraud.

    Early this year, Kiharu MP Ndindi Nyoro, an ardent supporter of the DP, alleged that the Government was planning to use the Police and KRA to frustrate those allied to Team Tangatanga. I wonder why and what is he doing that’s against the law?

    Kandara MP Alice Wahome told media that the State has revived her 2012 civil suit and the DCI ‘given’ a go ahead to prosecute her in a matter she stated it has nothing to do with nor under jurisdiction of theDCI.

    I don’t know why team Tangatanga believes that all leaders supporting the DP are being targeted by the State, funny enough, in which they are part and parcel of.

    According to them the system has changed tack and is targeting the Dr Ruto’s supporters in what they foolishly believe it’s plans to depict Ruto as a failed and corrupt politician. Well isn’t he?

    And just on more thing, supporting William Ruto’s political ambition is not, according to the laws governing our country, illegal and does not necessarily mean you’re corrupt.

    So for those saying they’re being attacked rather targeted by State entities should tell us what else are they doing apart from just ‘supporting’ the Hustler who lives in and almost owns the entire Nairobi.

    As for Babayao, how he gets out of this murk is only a matter of watch and see and if DPP’s recent assertions is anything to go by, he’s stuck and fixed. Who’s the Deputy Governor for Kiambu? That’s the man now to watch.

  • NYS Finance Officer Masinga Ayienga Enjoys Stolen Wealth As Jimmy Kiamba Is Asked By Court To Pay Everything Back

    NYS Finance Officer Masinga Ayienga Enjoys Stolen Wealth As Jimmy Kiamba Is Asked By Court To Pay Everything Back

    While Jimmy Kiamba, the former Nairobi Finance minister was ordered to pay the government 317million, NYS suspect Bernard Masinga Ayienga is enjoying his alleged loot thanks to ‘anticipatory bail’ that has granted him freedom.

    Bernard Masinga, a former senior Finance Officer at the Ministry of Youth and Gender Affairs had initially approached the High Court seeking an anticipatory bail to evade his possible arrest and prosecution.

    Justice Ngenye Macharia of the Criminal Division at Milimani law Courts declined to block the arrest of Ayienga over his links to the Sh9 billion NYS scandal stating that his application lacked merit.

    Ayienga belongs to a job group where people earn between 81,940 to 109,800 tops but he lives like a superstar.

    It’s totally impossible to explain how he affords the super expensive trips and palatial homes in Nairobi’s suburbs.

    Ayienga blew his cover when he posted pics of his flamboyant lifestyle on Social media.

    If you take a look at his Facebook account, you will understand that Ayienga is no ordinary man as he may seem to be.

    For instance, Ayienga spends his holidays in London, Malaysia Canada, South Africa and DC, well just to name but a few.

    If you value Ayienga’s lavish houses and Homes you’ll get a figure that man in his salary bracket would probably take a century to acquire.

    Ayienga is also a man of questionable character if you can remember his reaction to the DCI’s investigations.

    In his anticipatory bail application, a frightened Masinga told the court that the DCI had called him to record a statement at their headquarter in Kiambu and that later on 27th April, 2018 he was detained for three hours at the Jomo Kenyatta International Airport, JKIA while traveling to Uganda.

    Further, that on his way back into the country on 29th April, 2018 he was again detained and was only released after his wife executed a personal bond of Kshs. 1,000,000/-.

    According to Ayienga, he was never informed of the reasons for his detention. That upon his release his passport and identification documents were confiscated and he had to collect them the following day at the Immigration Headquarters where they were released without reasons for his detention being disclosed to him.

    While Masinga attempted to pin his detention to the DCI, his allegations were dismissed due to inconsistencies with court convinced that it was only linked to normal immigration procedures.

    In pushing further to bar his arrest, Masiga told the court that he deposes that bail is warranted because of his poor health.

    Masinga told the court that he suffers from a heart condition for which he underwent a surgery and which negatively affected his blood pressure. That he was on blood pressure and blood thinning drugs on a permanent basis.

    He stated that if he was detained in custody, his health would be compromised. It was all dismissed.

    Masinga is the man who controlled the finances when almost Sh10B of public money was stolen.

    Masinga’s lifestyle betrayed him and his reflex actions in stopping arrests clear symptoms of guilt.

    The Asset Recovery Agency was also granted orders to freeze Masinga’s two accounts at CFC Stanbic Bank holding huge amounts of suspicious money.

    Masinga’s case is one of the most prominent that have been given a mercy death.

    Well, at least everyone can agree with me that, it still doesn’t make any sense how he never got arrested and prosecuted.

    With that out and aside, the decision to have Jimmy Kiamba, pay the government 317million was reached after the Anti- Corruption Court ruled that Kiamba is in possession of unexplained assets.

    “I therefore declare that the total sum of the, money indicated to be unexplained assets,” ruled Justice Hedwig Ogundi.

    According to Justice Hedwig Ogundi, Ethics and Anti-Corruption Court (EACC) had already established a case against Kiamba.

    In the Judgment, Justice Hedwig stated that Kiamba must pay the government 35 million and another 282,648,604 million or risk losing his Home in Runda Water Estate.

    Through their lawyers, EACC stated the a probe into Kiamba’s account detected an active fraud at play.

    James Kariuki, an investigative officer, stated, in Court,  that Kiamba used his driver and security guard to make questionable deposits into his personal bank account.

    EACC had also requested the court to grant Assets and Recovery Agencies a go ahead to forfeit kiamba’s assets worth 872 million, of which, they stated that they remain unexplained.

    According to the Agency, the value of Kiamba’s assets are disproportionate to what’s known to be his sources of income.

    Kiamba defended himself stating that he is running other businesses parallel from employment.

    He stated that he’s in Hotel business, transport, rental income as well as water business, at the same time his wife was running interior design, Farming and beauty parlor.

    According to documents presented in Court, Kiamba’s revenue collection entailed; Cattle revenue 21,971,810, Wheat revenue 17,094,610, Maize revenue 12,478,430, Landed Properties 35,000,000 and Kwamga Mboya Advocates 300,000 totaling to 317,648,604.

    After thorough analysis, the High Court ruled that EACC had determined a probability that the cash deposits which Kiamba tried to explain through the revenue collection above were cooked and entailed unexplained assets that should be forfeited to the State.

  • EACC Trailing Trans Nzoia County Principal Accountant Andrew Biketi Musuya For Massive Fraud

    EACC Trailing Trans Nzoia County Principal Accountant Andrew Biketi Musuya For Massive Fraud

    Trans Nzoia county principal accountant Andrew Biketi Musuya, is now on EACC’s most wanted list.

    Musuya was name was listed  after he awarded Sh177.7 million contracts his proxy woman, Mildred Kerubo Obare.

    According to documents being held by EACC, Biketi The first time accountant acquired residential Storeys in Mtwapa (Kilifi), Mombasa and Kitale.

    EACC detectives told this writer that Biketi acquired these sh 227 million worth properties in past 5 years alone.

    On top of all those multi-million properties, Musuya also acquired a brand new Toyota Prado, A Toyota Harrier and a Toyota saloon worth sh 10M under his clandes details.

    According to EACC records, Musuya’s 6 years combined salary totals to Sh5.8 million, that’s without expenditures.

    However, EACC detectives have unearthed that Musuya received cash deposits into his bank accounts totalling to Sh45.5 million. His salary excluded.

    According to documents presented before our detectives, Musuya also received a total of Sh7.9 million over his personal M-Pesa account.

    In 2015, EACC detectives established that Kerubo, Musuya’s clandestine owned a Toyota Prado worth Sh5.6 million under her name but buying documents indicate that it was bought by Biketi.

    Ahmed Iftikhar, a Pakistani car dealer  who sold Bekite the said Prado told EACC detectives that he was paid in two instalments of Sh3 million and Sh2.6 million within hours.

    Mildred Kerubo 46, a clothes trader was arrested earlier this year and confessed to EACC detectives that she’s not the owner of the Prado she drives.

    Kerubu told EACC that Biketi only used her particulars to acquire the Prado.

    EACC joined the dotsfrom Kerubo’s confession and through IFMIS, they unearthed that there are 6 firms registered under her name.

    All of the said firms have been Receiving backdoor contracts from Trans Nzoia County and have been paid over Sh177.7 million by Trans Nzoia county through Biketi Musuya.

    The firms in record are
    1. Nyansha Enterprises that was
    paid Sh49.9 million,

    2. Handprint Enterprises
    received Sh16.4 million.

    3. Girlful Enterprises that was
    Paid 21.3 million.

    4. Finewood Enterprises got Sh47.9 million.

    5. Culent Logistics got sh15.5 million.

    6. Valuda Enterprises got Sh27.6 million.

    In 2014-15 financial year, Musuya was appointed as a member of the county procurement committee for approval of all tenders under Sh500,000.

    EACC has also revealed that Trans Nzoia county paid Sh52 million to Josim Instantenous Colsultium Ltd, a firm owned by the corrupt accountant.

    Investigations also revealed that Josim Instantaneous Colsultium has hired Isaiah Walubengo as their senior accountant without the required profession academic credentials.

    Our investigations reveal that EACC quietly obtained orders from Justice Onyiengo on March 24 that saw Biketi’s three bank accounts frozen with Sh15.7 million in them.

    EACC chair Twalib Mbarak said they are set to file a recovery suit of assets worth Sh286 million before the Bank accounts freezing order expires on June 24.

    Twalib Mbarak served Musuya Biketi with an official letter dated March 28, 2019 binding him to explain the now known disproportion between the value of his assets and his legitimate source of income within a week.

  • Possible Implications On Burundi Pulling Out Of ICC And Lessons From Kenya

    Possible Implications On Burundi Pulling Out Of ICC And Lessons From Kenya

    By Nicholas Olambo
    The government of Burundi has said the country is pulling out of the International Criminal Court (ICC) and ‘they’ are ready to face the impacts of withdrawing. The cabinet announcement came six months after the court’s Chief Prosecutor, Fatou Bensouda, indicated she would investigate the unending violence.

    Political turmoil erupted in Burundi in April 2015 when President Pierre Nkurunzinza indicated his bid for a third term. The violence has seen hundreds killed with thousands fleeing to seek refuge in neighboring countries like Rwanda. President Paul Kagame (Rwanda) is on record requesting Pierre to stop producing more refugees.

    The mantra that only Africa has the solution to its problems is a loose narrative that does not work for the civilians. The African Union whose body language supports the withdrawal of many African states from the Rome Statute has let Burundi down. AU chose to send peace delegation over peace troops to Burundi for mere threats from Pierre Nkurunzinza. How would his small force defeat over 50 nations?

    AU, under its charter, has the power to intervene in a member state because of grave circumstances as war crimes, genocide and crimes against humanity without that member’s consent. AU chose to sit back and watch the unrest tear the small country into pieces stalling the idea of African solutions to African problems.

    AU failed miserably to assert itself and cut a clear difference from what is was before, the lethargic Organization of African Union. Sending troops to Burundi was the opportunity to do that, but it chose to row back. The choice favored Pierre who was against the deployment of peace troops.

    It’s the fault of Africa and AU to produce many ‘materials’ for the court, Pierre’s greed to force himself for a third term after intimidating the judges of the constitutional court to rule in his favor resulted into what can only be tried at the ICC. Ordinary Burundians have suffered and still continue to suffer under the watch of AU, a replica of the same is taking root in Congo but does AU care?

    It will watch in silence but put every pressure to support a withdrawal of member countries and suspects at the court. The court was under intense pressure from AU over cases against President Kenyatta and his deputy, William Ruto for their alleged in 2007/8 post poll chaos.

    AU has shown and will still demonstrate that it stands for the ruling African elites only and has nothing in favor of the ordinary African. Hundreds of ordinary Burundians are suffering under its watch; the same is the case in Congo and the Oromos in Ethiopia.
    Burundi’s withdrawal from ICC is not in the best interest of the country but one individual, Nkurunzina who knows that he will be declared a wanted man by The Hague-based court sooner or later to answer to charges of war crimes, genocide, forcible transfer of population and crimes against humanity. He has chosen to take a path already supported by AU to insulate himself.

  • It’s Time Now Kenya Considered To Disband The Toothless EACC

    It’s Time Now Kenya Considered To Disband The Toothless EACC

    The recently resigned EACC Boss Philip Kinisu
    The recently resigned EACC Boss Philip Kinisu

    Philip Kinisu the immediate former chairman of the EACC has tendered his resignation. The career of yet another distinguished Kenyan has ended in ignominy. How many more careers must Kenya sacrifice to this ogre named the EACC after Mwau, Ringeera, Lumumba, Matemu and now Kinisu? Why does it continuously eat its own children? Should we sacrifice yet another Kenyan or do we hire a foreigner? Or is it time we did away with the EACC altogether!

    President Uhuru Kenyatta has on several occasions expressed a sincere desire to fight corruption. Indeed, one of the biggest purges of corruption in government took place on his watch when several Cabinet and Principal Secretaries were fired and charged with corruption-related offences in courts of law. This was perhaps the most courageous move taken by any leader in independent Kenya. It ruffled a lot of political feathers, especially within the Jubilee coalition. The trail on official corruption however has since gone cold. Opposition sceptics now say it was a ploy to hood-wink US President Barrack Obama and Pope Francis, both of whom instructively spoke strongly against corruption during their State visits.

    In taking the bull of official corruption by the horns President Kenyatta was knowingly and willingly swimming against the tide. Official corruption in Kenya is so endemic that it is graduating to being systemic. Corruption cartels often influence government tenders through powerful point-men in the political sphere. It is the proceeds of corruption, that for the most part, oil and grease the political system. There is therefore a symbiotic relationship between politics and corruption in Kenya. That is why in the past it was traditional to have a corruption mega-scam like Goldenberg and Anglo Leasing after every general election to recoup funds spent in the election campaigns.

    It is a credit to the Jubilee leadership that they have not followed that course. A one-man war against corruption in Kenya was bound to invariably run into powerful headwinds due to the multiple convergent interests. It becomes even more difficult when that person is a politician seeking re-election. Hopefully we expect a more robust assault on corruption during the Presidents second and final term.

    Meanwhile, we must honestly address the issue of the suitability of the EACC as it clearly isn’t functioning. The hiring and f iring of EACC chairpersons has become our favourite game of musical chairs despite it being a bottomless pit for public funds! It has become a graveyard of broken careers and will no longer be taken seriously by qualified professionals.

    It has been said that Kenyans are not committed to the war on corruption and EACC appointments are merely windowdressing for the outside world. The joke now is that the person who will serve longest on the EACC chair is he/she who does absolutely nothing save reading the daily newspapers and collecting a monthly salary.

    The job description is inaction. That is because any action may step on the toes of the powerful who will initiate action in Parliament or elsewhere for removal from office. This should inform us that even a foreigner would be unsuitable. T he remaining option is to abolish the office of the EACC when the constitution is next amended.

    It has failed and currently only serves to drain public resources. They have not secured a single conviction of the “big fish “since the formation of the Kenya Anti-Corruption Commission in 1997. All their efforts have been directed mainly towards incidental or petty corruption against junior public officials.-Daudi Mwenda.

  • EACC Exonerating Isaack Hassan Tactical, IEBC Reforms Must Go Beyond Commissioners to Secure Fair Polls in 2017

    EACC Exonerating Isaack Hassan Tactical, IEBC Reforms Must Go Beyond Commissioners to Secure Fair Polls in 2017

    Independent Electoral and Boundaries Commission chairman Isaack Hassan
    Independent Electoral and Boundaries Commission chairman Isaack Hassan

    The incompetence of IEBC is not about chicken gate alone; the body itself admitted that there were numerous electoral malpractices in the 2013 general elections. The Supreme Court, which is the highest court of the land despite its ruling on the presidential petition, also noted that the 2013 polls had problems.

    Nothing much has been done to reform the body, and the country is now 13 months to the next general elections. The opposition has held several street protests demanding the disbandment of the current IEBC; the calls have seen the formation of Joint select committee look into concerns raised about the credibility of the electoral body.

    Dilly dallying can be seen from quotas that are anti-IEBC reforms. Perception has now been created by the Chepkonga led Justice and Legal Affairs Committee (JLAC) that IEBC carried the day after its chairperson Issack Hassan was cleared of any wrongdoing in the procurement of BVR kits that failed immensely during the 2013 polls. Any seriously thinking Kenyan knows that the people who benefited from the 2013 malpractices cannot support the disbandment or the current IEBC or removal of its chairperson.

    Clearing Hassan is a ploy to insulate him from facing prosecution. The public cannot be fooled that only the former IEBC chief executive James Oswago is responsible for the infamous chicken gate scandal alongside other three ‘small’ accomplices the committee allowed to be prosecuted. It’s a pity that EACC has also turned to be a clearinghouse for highly connected. Oswago said that he was not allowed by EACC to complete the statement he had begun making a month ago. “Any accused person must be given time to defend himself. The EACC may be trying to divert public attention from a particular matter”, said Oswago.

    The electoral environment has not changed since 2013, and it’s absurd for Hassan to celebrate and sit pretty preparing for next polls. Serious reforms are needed to secure proper elections in 2017, and the reforms must go beyond the commission. Voter registration must be seriously conducted without favouring any region and issues on technology to be used must be resolved.

    Leaders of IEBC must inspire the nation, and the Hassan led commission lacks public confidence, and something must be done within the timeline. Relevant teams must put the country first and work expeditiously hard to reform the IEBC and avoid pushing back the election date which can be very expensive for the country. Change of election date extends the term of the president which can only be affected through a referendum.

    It’s sad to note that time wastage through unnecessary debates between JLAC and Joint Select Committees may force the nation to push back election date. AG Githu Muigai, for instance, is asking for the 2017 poll date postponed allowing proper reconstitution of the ongoing reforms including putting in place new IEBC commissioners. The constitution is clear on the election date, August 8th, 2017.

    Attempts to postpone elections will be seen as a plot by the president to extend his term which may plunge the country into more arguments. There is enough time to reform IEBC and have the next elections held as stipulated in the constitution.

  • OLAMBO: The gods Have Conspired Against EACC Chairman Kinisu, But He Has an Option

    OLAMBO: The gods Have Conspired Against EACC Chairman Kinisu, But He Has an Option

    EACC Chair Philip Kinisu
    EACC Chair Philip Kinisu

    By Nicholas Olambo

    The EACC (Ethics and Anti-Corruption Commission) chairman, Philip Kinisu has come out strongly to defy calls for resignation after a company he owns, Esaki Communications Ltd, was found to have conducted business with the troubled NYS where Kshs.791 million was lost. His company received over 35 million shillings to supply NYS with borehole materials.

    Kinisu, who is the ‘former’ director of Esaki Limited, a company associated with his wife and daughter, claims the tender awarded to the firm was won before NYS woes. He chairs the EACC, which hurriedly cleared the former Devolution CS Ann Waiguru from NYS scandals only to repeat their shoddy job after Kabura affidavit.

    The structures in this country are too eroded to fight corruption, how was a controversial figure like Kinisu appointed to head EACC. Other than corruption watchdog, he also chairs ‘a nonprofit’ organisation, Africa Population and Health whose operations are being questioned by NGOs Coordination Board (NCB)

    Sources close to KI revealed that NCB Executive Director Fazul Mohamed wrote to the spy chief Philip Kameru asking him to investigate the organisation for diversion of donor aid, money laundering and regulatory misconduct. The NGO received over five million shillings in the past three years.

    “The allegations against the company and me are unsubstantiated. We have been tried and convicted in the court of public opinion by the deliberate manner in which these matters have been framed and orchestrated. Corruption is sophisticated and compelling. My experience through these events has shown that even those who should be on the right side are easily swayed to become angels of the devil”, Mr Kinisu said. He also added that resigning would set a wrong precedent, a classic response of ‘corrupt’ Kenyans.

    There are many qualified Kenyans without ‘integrity issues’ who can serve in the capacity he is serving even better. Opportunity to serve Kenyans is a privilege and the moment one becomes a questionable character like him, the honourable thing to do is to resign. It’s insane to put the nation through a series of lame dramas quoting irrelevant sections of the law just to buy time and prevent thorough investigations.

    Even if the company was not adversely mentioned in the alleged scandal that saw NYS lose 792 million, the fact it is owned by the EACC boss raises many questions about the possibility of conflict in interest. Surprisingly, companies associated with Kinisu are under investigations by the DCI, Assets Recovery Agency and the Kenya Revenue Authority over their dealings with the troubled NYS. Kinisu is not ethically fit to stay in office. Kenya is sick of individuals like him leading from behind.

  • Toothless EACC Fails To Tackle the Sh.52M Chickengate Scandal as Deadline Lapses

    Toothless EACC Fails To Tackle the Sh.52M Chickengate Scandal as Deadline Lapses

    Integrity House, the Ethics and Anti-Corruption Commission headquarters in Nairobi
    Integrity House, the Ethics and Anti-Corruption Commission headquarters in Nairobi

    The Ethics and Anti-Corruption Commission (EACC) has apparently embarked on a cat and mouse games in dealing with the Chickengate probe- the Sh.52M bribery scandal involving National Exams Council and the electoral commission. The EACC Chairman Philip Kinisu in February promised that the investigations into the matter would be concluded in under a month.

    On March 18, the EACC boss Halakhe Waqo appearing before a parliamentary committee said that the report was finished, and he would forward the files to DPP Tobiko for the prosecution of those involved by 30th June. As it turned out, this was all a bluff, and the commission seems to have done zero investigations or is sitting on the report.

    The scandal involved inflation of ballot papers prices as part of the kickbacks from the UK’s printing firm, Smith and Ouzman Ltd in the heights to 2013 elections. IEBC Chairman Issack Hassan tops the list of Kenyan officials who ‘ate’ the chicken. Others named in the scandal Davis Chirchir, an IEBC Commissioner then (he was rewarded with Energy CS post in Jubilee and was later sacked over graft allegations), James Oswago, Gladys Boss Shollei.

    While the Kenyan counterparts are roaming free with no fear, a London court sentenced two directors of the printing company involved in the bribery scandal to jail. UK government even handed over the files and pieces of evidence they used to imprison the bribing US firm to the Kenyan authorities. EACC was tasked to investigate then forward files to the DPP.

    Mentioned in the Chickengate scandal. From left: Mr Davis Chirchir, former Energy CS; Paul Wasanga, former KNEC
    Mentioned in the Chickengate scandal. From left: Mr Davis Chirchir, former Energy CS; Paul Wasanga, former KNEC

    EACC is yet to do what they were mandated to do. Less can be written home about EACC effectiveness, countable or no prominent graft case that they’ve successfully solved. In the latest budgetary allocations, EACC got Sh. 2B more to their kitty. Kenya loses approximately Sh. 700B annually to corruption and most, if not all of it, is never recovered.

    The anti-graft commission has been actively viewed as a pro graft body with critics saying it’s not free from executive control.

    In the height of NYS scandal, EACC did ‘investigations’ and gave the then Devolution CS Ann Waiguru a clean bill of health. It later turned out money was lost in NYS and the ‘clean’ Waiguru was named as the mastermind of the nearly a billion-shilling rip off scheme.
    Some people jokingly refer to EACC as the clearing commission, a quick refuge for the graft kings.

    They rush here for clearance after looting. The legitimacy, reputation and integrity of the anti-graft body is highly questionable and leaves more to desire. The CEO Halakhe has also been named in several scandals with many critics accusing him of being subject to compromise by the corruption cartel.

    Why is it taking EACC long to act on the Chickengate scandal, what more do they need when the UK government already made work easier and handed them over the evidence for the prosecution and nailing the suspects.