The decision by the government to press terrorism charges against suspects linked to violent incidents during the June 25 and July 7 deadly protests has elicited a wave of condemnation from opposition leaders, civil society groups and members of the public alike.
However, the Office of the Director of Public Prosecutions (ODPP) has unapologetically defended the move, denying claims its intended at suppressing political expression.
“The charges under the Prevention of Terrorism Act should be understood within the framework of established legal thresholds and national security imperatives rather than interpreted as efforts to suppress legitimate political expression,” ODPP averred in a two-page statement on Monday.
“Preliminary investigations indicate that attacks on public officers, courts, police stations, and government personnel were not spontaneous demonstrations, but calculated and coordinated acts of violence.”
According to the ODPP, such actions under Sections 2 and 4 of the Prevention of Terrorism Act “qualify” as acts of terrorism.
So, what in essence constitutes an act of terrorism?
In Kenya, as alluded to by the ODPP, a terrorist act is defined by the Prevention of Terrorism Act as any action or threat of action which;
(i)involves violence against a person,
(ii) endangers the life of a person, other than the person committing the action,
(iii) creates a serious risk to the health or safety of the public or a section of the public;
(iv) results in serious damage to property;
(v) involves the use of firearms or explosives;
(vi) involves the release of any dangerous, hazardous, toxic or radioactive substance or microbial or other biological agent or toxin into the environment;
(vii) interferes with an electronic system resulting in the disruption of the provision of communication, financial, transport or other essential services;
(viii) interferes or disrupts the provision of essential or emergency services;
(ix) prejudices national security or public safety; and
(b) which is carried out with the aim of—
(i) intimidating or causing fear amongst members of the public or a section of the public; or (ii) intimidating or compelling the Government or an international organization to do, or refrain from any act; or
(iii) destabilizing the religious, political, Constitutional, economic or social institutions of a country, or an international organization: Provided that an act which disrupts any services and is committed in pursuance of a protest, demonstration or stoppage of work shall be deemed not to be a terrorist act within the meaning of this definition so long as the act is not intended to result in any harm.
The Office of the Director of Public Prosecutions (ODPP) has directed the Makupa Police Station to charge lawyer Joseph M. Munyithia and Farid Mohamed Almaary with fraud-related offenses in connection with a disputed KSh 25 million land transaction.
The case revolves around a sale agreement entered into on 19th May 2021 between Pauline Kanini Mutiso, Regina Mumo Mutiso, Kilungya Mutiso, and Farid Mohamed Almaary for a plot located in Shelly Beach.
The agreement stipulated that full payment was to be made within 90 days.
However, the complainants later discovered that Munyithia had released the original certificate of lease to Almaary without their consent and before the full payment had been made.
Efforts by the complainants to recover the document were unsuccessful, prompting the ODPP to accuse Munyithia of conspiring with Almaary to defraud the sellers.
Further complicating the matter, the two suspects failed to honor police summons, raising suspicions of criminal intent.
The ODPP has now ordered their prosecution for stealing under Section 268(2)(a) as read with Section 275 of the Penal Code, and for concealing deeds under Section 288 of the Penal Code.
Ever wonder how the so called deep state trail and kill their targets? The case on the abduction and subsequent disappearance of two Indian nationals and one Kenyan involving 15 officers from the former Special Services Unit (SSU) of the DCI whose hearing began on Monday before Kahawa Law Courts Principal Magistrate Hon. Gideon Kiage paints a closer picture of the intricate killer web.
The accused persons Chief Inspector Peter Muthee Gachiku, IP James Kibosek Tanuki, Cpl Joseph Kamau Mbugua, Cpl David Chepchieng Kipsoi, Cpl Joseph Mwenda Mbaya, Cpl John Mwangi Kamau, Cpl Hillary Limo Kipchumba, Pc Stephen Luseno Matunda, Pc Simon Muhuga Gikonyo, Pc Paul Njogu Muriithi, Pc/Drv Boniface Otieno Mtulla, Pc Elikana Njeru Mugendi, Pc Fredrick Thuku Kamau, John Wanjiku Macharia and Michael Kiplangat Bett are alleged to have committed the offence on the victims Zulfiqar Ahmed Khan and Mohammed Zaid Sami and Nicodemus Mwania Mwange on diverse dates between 22nd July and 23rd July 2022 at Nairobi County.
The accused in court.
The prosecution in their opening statement gave the court a chronology of how the heinous act which was well planned and executed with enormous resources utilized was committed, from how they were trailed by officers from the defunct SSU, continuous location of their mobile phones by the National Intelligence Service officers as well as abduction and Kenya Wildlife Service officers facilitating the alleged disposal of the victims at the Aberdare National Park in Nyeri county.
The prosecution led by Jalson Makori and Harrison Kiarie also told the court that they will be relying on testimonies from 30 witnesses to prove the case against the accused persons.
In his testimony, the first witness told the court that he and his co-investigators from the directorate of criminal investigations were assigned duty to investigate and apprehend the suspects accused of committing the crime. He noted that during their investigations, they identified three vehicles registration numbers KDD 632J, KDH 262S and KDG 836X that were believed to have been used in the trailing and subsequent abduction of the three victims.
He added that on the 6th of October 2022, led by lead investigator they visited Michele gardens in South B where they located one of the vehicles KDH262S being in possession of Edward Kamau Wanjiku at the time of impounding it who upon interrogations introduced the owner Mr. Fabian Mjomba Koshen. He escorted the two to South B police station and booked the detention of the car and handed over the keys to the OCS Chief Inspector Robert Mbui of South B station under OB Number 16 of 6th October 2022. Later he escorted the two to internal affairs unit offices at KCB towers in upper hill Nairobi for interrogations.
He further told court that they continued with the operation and located KDD 632J Nissan Note at CIC plaza in possession of Ms. Evaline Waithera Wanjiku who was taken to custody. After brief interrogation she introduced another suspect John Macharia Wanjiku. Consequently, they dropped the car at Capitol hill police station where it was booked for detention under OB 22 of 6th October 2022. She also led them to a rented apartment in Kinoo where a search was undertaken but didn’t yield much of material evidence.
After a brief interview on the evening of 6/10/2022, he booked the three suspects to custody John Macharia Wanjiku at Kilimani police station under OB number 7 of 6 October 2022, Edward Kamau Wanjiku Capitol Hill Police station under OB number 29 of 6th October 2022 and Fabian Mjomba Koshen Capitol Hill Police station OB number 29 of 6th October 2022.
He added that on 19th October 2022, as a team of investigators they proceeded to Aberdare National Park in Nyeri where they conducted a search and collected exhibits which were forwarded to the government chemist at Kenyatta National Hospital.
He notes that their visit to Aberdare was informed by the vehicle tracking logs retrieved from the vehicle suspected to have been used in the crime as per the data retrieved from the National treasury, the custodian of government leased vehicles.
Zulfiqar Ahmad Khan and his friend Mohamed Zaid Sami Kidwai, who were part of the Kenya Kwanza digital campaign team, went missing alongside taxi driver Nicodemus Mwania from Mombasa Road.
The two contributed immensely to the success of Ruto’s campaign.
On ascending to power, Ruto immediately disbanded the SSU Unit and the prosecution of the case began.
WHY WAS DCI DISBANDED?
“We can efficiently suppress crime, monitor, disrupt and apprehend criminals without abducting, torturing, killing or causing citizens to disappear,” Ruto said, while disbanding the DCI and SSU.
He added, “It is time to retire these terrible tactics and professionalise our criminal justice system.”
DCI’s SSU was created in 1999 due to the growing cases of crimes within the country. It was tasked to combat illegal trafficking of firearms and or ammunitions, trafficking of narcotic drugs, robberies, cases of stealing of goods in transit and illegal human trafficking.
But the very unit which was formed to check crimes turned into a militia as it carried out extrajudicial killings and enforced disappearances of both citizens and foreign nationals. Khan, Kidwai and their driver were probably the victims of SSU men.
A city tycoon was on Thursday, September 21, 2023, charged in Milimani Law court with conspiracy to defraud beneficiaries of a five-storey building along Latema Road in Nairobi county worth Ksh230 million.
Appearing before Chief Magistrate Susan Shitubi, the businessman Nilesh Jayantilal Lalji Kotedia the Trustee of Lalji Mulji Jetha Trust Deed faced three charges of conspiracy to defraud, fraudulent disposal of trust property and false swearing levelled against him by the office of the Director of Public Prosecutions (ODPP).
Jayantilal denied that on unknown dates within the republic jointly with others yet to be arrested, conspired to defraud the beneficiaries of a five-storey building situated at Latema Road valued at Ksh230 million.
The court heard that Jayantilal conspired to fraudulently transfer, sell, and convert the said property to use not authorized by the Trust Deed.
He was also charged with selling the property against the wishes of the Trust.
On the second count of fraudulent disposal, the trader denied that on or about March 15, 2019, at Catherine Ngunjirl Advocates office within Nairobi County, being a Trustee of Lalji Mulji Jetha Trust Deed including and not limited to a five storey Building on LR. No. 209/2303 IR No. 81316 along Latema Road within Nairobi CBD, valued at Kshs 230 million with intent to defraud the Beneficiaries of the Trust, fraudulently transferred and sold the said property against the wishes and use authorized by the Trust.
“On December 11, 2012, at Victoria M. Mwangome Advocates office within Nairobi County, before Victoria Mwangome Advocate, a person authorized to administer an oath, you swore an Assent upon a matter of Public concern to the effect of a five storey Building on LR. No. 209/2303 valued at Ksh 230 Million was registered in the name of your late father Jayantilal Lalji Mulji Kotedia giving you the authority to convert it to a use not authorized by the Trust Deed,” Count three of the charge sheet stated.
Jayantilal after denying the charges urged the court to be lenient when granting bail saying he is willing to abide by all conditions set by the court.
He further stated that he is the breadwinner of his entire family since his wife is sick and has been caring for her.
The businessman also said that he has since reached out to the complainants and is willing to settle the matter out of court.
He tabled a letter in court indicating the negotiations into the matter are ongoing and has since written to the DPP informing him of the same.
The prosecution however did not oppose the release of the accused on bail but urged the court to issue bond terms that are proportional to the offences facing him
Magistrate Shitubi ordered Jayantilal to be released on a bond of Ksh 2 million with an alternative cash bail of Ksh 1 million.
Lawyer Miguna Miguna announced his application for the vacant Directorate of Public Prosecutions (DPP) position on July 10.
The outspoken lawyer aims to replace Noordin Haji, who recently became the National Intelligence Service (NIS) Director General. Miguna did not disclose the exact date of his application submission.
Former DPP Noordin Haji [p/courtesy]In his Twitter post, Miguna clarified, “For the avoidance of any doubt, yes, I have applied for the Director of Public Prosecutions (DPP) position.” Despite his reputation for abrasive politics, he pledged to carry out his responsibilities fairly and pursue those accused of breaking the law.As per the 2010 Kenyan Constitution, the DPP directs the Inspector-General of the National Police Service (NPS) to investigate criminal allegations. The DPP’s office is responsible for initiating and conducting criminal prosecutions and related matters.
President William Ruto has assembled a panel of seven individuals to interview and select Haji’s successor. Among the panelists are Central Organization of Trade Unions (COTU) Secretary General Francis Atwoli and Ethics and Anti-Corruption Commission (EACC) boss Twalib Abdallah Mbarak.
The other members include Solicitor General Shadrack Mose, Richard Onsongo, Mary Adhiambo Maungu, Roseline Odede, and Mary Kimonye. The application deadline is Wednesday, July 12, as published in local dailies.
Why Lawyer Miguna Miguna applied for the DPP Job
Benefits for the DPP include a monthly salary of Ksh765,188, with proposed increments to Ksh874,500 by the Salaries and Remuneration Commission (SRC).
The position also grants an official car not exceeding 3000cc in engine capacity, a Ksh8 million car loan, and a Ksh35 million mortgage. Additionally, the DPP receives medical health insurance coverage of Ksh10 million for inpatients and Ksh300,000 for outpatients.
Controversial criminal lawyer Cliff Ombeta is actively pursuing the DPP position and garnering support from his Kisii community and the UDA Party. Ombeta, who previously ran for the Bonchari Parliamentary seat in the last general elections, is vying for the role alongside Miguna Miguna.
Miguna is renowned for his no-nonsense approach and vocal stance against corruption. Kenyans are eagerly anticipating the Kenya Kwanza administration’s decision, hoping that they will appoint Miguna as the next DPP if they are genuinely committed to curbing graft.
The management of the Kenya Revenue Authority is under scrutiny for awarding tax waivers worth Sh3 billion to businesses through questionable dealings.
Due to collusion among KRA officials, certain lawyers, and firms, the government has been losing billions of shillings in the recomputation of taxes, waivers, and abandonment.
According to court documents, KRA filed a tax demand of Sh2.4 billion against Kingsway Tyres and Automart Limited following an assessment in 2004.
The tax assessment included more than Sh1.7 billion for income tax, more than Sh272 million for VAT, and the remaining amount for auctioneer fees. To enforce the demand, KRA attached Kingsway’s property through Speedman Commercial Agencies Limited.
However, on September 27, 2004, the taxman agreed to negotiate with Kingsway Tyres and Automart. During these negotiations to offset their tax obligations, Kingsway Tyres and Automart committed to deposit Sh1.5 million every week on Fridays.
KRA requested Speedman Commercial Agencies Limited to release the goods, and the previously closed offices of Kingsway were reopened.
Kingsway Tyres and Automart took the case to court to challenge the Sh2.4 billion tax demand. Unfortunately, they lost the case, and the ruling was delivered on May 16, 2006.
The ruling against Kingsway Tyres and Automart cleared the path for KRA to collect the Sh2.4 billion they had sought in 2004, as all obstacles were removed.
Following the failure of Kingsway Tyres and Automart to pay the taxes, two petitioners, namely Okiya Omtatah (now Busia Senator) and Mohamed Ahmed Mohamed, took the matter to court on July 2, 2014.
They challenged the alleged violation and infringement of fundamental rights and freedoms as stated in articles 27, 40, 46, and 47 of the Constitution, as well as the KRA Act, regarding tax evasion and the failure to comply with the court’s 2004 order to pay taxes.
Omtatah and Mohamed also contested the validity of Kingsway Tyres and Automart’s decision to “change its name and pin from P000606825c to Kingsway Tyres Limited pin number P051116728X” in order to obtain a clean tax compliance status and evade paying Sh2.4 billion in tax arrears.
They included several parties in the case, such as the KRA Board of Directors, Kingsway Tyres and Automart, Kingsway Tyres Limited, the Attorney General, the Director of Criminal Investigations, the Director of Public Prosecution, and the Ethics and Anti-Corruption Commission.
Other individuals involved in the case were former KRA Commissioner Generals Michael Waweru and John Njiraini, former EACC chair Mumo Matemo, and Speedman Commercial Agencies Limited.
KRA, represented by their lawyers Waweru Gatonye and Company advocates, made an application in 2019 seeking consent to collect the Sh2.4 billion from Kingsway Motors. The condition was that Omtatah and Mohamed would agree to withdraw the inclusion of several other people as defendants in the case, leaving only KRA, Kingsway Tyres, Automart, and Kingsway Tyres Limited.
The application was granted, but KRA was required to file a response, which they have failed to do so since 2019. As a result, the final determination of the cross-petition involving Speedman auctioneer, KRA, and Kingsway Tyres and Automart is still pending, awaiting KRA’s response.
KRA Board chairman Antony Mwaura said they would pursue all firms that received undue tax abandonment, waivers, and refunds. They will also investigate if there was collusion between staff members and these firms.
“As part of my achieving the target, I will ensure that KRA relook all the waivers, abandonment and exemptions that were offered to companies,” said Eng Mwaura. He said also on his radar were tax refunds that were offered to firms fraudulently.
“Through the help of Treasury, we will ensure unnecessary tax exemptions are reversed,” said Mwaura.
The Law Society of Kenya has accused the Directorate of Criminal Investigations of interfering with the functions of the Director of Public Prosecutions.
In a hard hitting statement, LSK says wrangles between the two entities on the trial of suspected murders of the late businessman Tob Cohen are likely to derail the case and pursuit for justice.
“There is real danger of the trial being compromised due to wrangles between the DCI and the DPP on extraneous issues manifesting as power struggles between the two,” LSK President Nelson Havi says.
Havi further says, “The discord between the two must be contextualized, and the [parameters of their powers defined to end and avert unnecessary spectacles in future.”
The bone of contention is a letter by the DPP to the Inspector General of Police saying there was no evidence to charge Court of Appeal Judge Sankale Ole Kantai with the murder of the late Tob Cohen.
Havi says the matter has spiraled out of control with the DCI determined to arrest and arraign Sankale in court.
At the same time, a petition seeking the removal of DDP Noordin Haji from office has been filed with the Public Service Commission for declining to charge the Judge.
Havi says the law is clear that the DPP doesn’t require consent from any person or authority for the commencement of criminal proceedings.
“The DCI has in this case purported to arrogate to himself powers that he doesn’t have, by demanding that the Judge be charged when the DPP has determined on the basis of evidence and law that a murder charge is unsuitable,” He said.
He says while the petition at PSC is by Tob Cohen’s family, it has visible footprints and fingerprints of the DCI and seeks to control the DPP on the matter.
Former Nairobi Governor Evans Kidero has yet again won after the Anti-Corruption Court declined a second attempt by the Directorate of Public Prosecution (DPP) to prosecute him together with Nyakach MP Joshua Aduma Owuor in a Ksh68 million graft case
In his ruling, trial magistrate Douglas Ogoti upheld Kidero’s contention that the DPP errored in law by trying to amend the charge sheet on January 16 last year to have him and Aduma prosecuted together.
The court declined to consolidate Ksh58 million in Kidero’s file with that of Nyakach MP Joshua Aduma Owuor who was charged with corruptly authorizing payment of Ksh10 million to a law firm of a dead lawyer eight years ago.
Ogoti struck out the amended charge sheet where the DPP had unlawfully attempted to have the two cases consolidated and ordered the earlier charge sheet against Kidero’s Ksh68 million graft case to proceed to trial.
“There is nowhere in the court record that the prosecution sought for the court’s permission to file the amended charge sheet. The charge sheet dated January 16, 2020, is hereby struck out,” the magistrate ruled.
While declining to allow the two to be tried together, Ogoti said the prosecution may move to amend the charges but that has to be done within the perimeters of the law.
“This is an ongoing matter. The prosecution was legally bound to move formally in order to seek for the court’s permission to introduce the charge sheet dated January 16, 2020,” Ogoti ruled.
“It is not open for prosecution or any other party to introduce documents to the record in a live matter without following due process.”
In the charge sheet that has been struck out, the DPP had amended charges in the case by introducing an accused person and amending dates in the case. The DPP claimed that the charges and evidence in the case against the two were similar therefore they should be tried together.
Kidero and Aduma had contested the move to have their cases of Ksh 58 million and Ksh 10 million respectively consolidated saying that the DPP’S decision was an abuse of the court process.
They further argued that the DPP offended their rights and integrity to a proper and fair trial.
On December 4 2019, Ogoti had directed that the DPP prepares and presents a new charge sheet and have Kidero, former Chief of Staff George Wanaina, John Kariuki and thirteen others take fresh pleas.
The DPP was ordered to prepare a fresh charge in the two cases after Ogoti declined to consolidate Kidero’s file with that of Aduma.
However, on January 16, 2020, the DPP filed a fresh charge sheet having the two cases consolidated a move that was highly contested by the defence lawyers.
A former manager of Fina Bank, now Guaranty Trust Bank Kenya, and three others charged with stealing over Sh96 million from the lender over a decade ago are seeking to return millions of shillings to avoid jail.
Graham Sagwe, the former Fina Bank manager, and traders Robert Moseti, Gladys Moraa and Obadiah Nyambane have approached the Director of Public Prosecutions (DPP) for an out-of-court deal.
The deal will see them freed or get less punishment under a plea bargain scheme that will demand millions returned to the bank, now owned by Nigerian lender Guaranty Trust Bank.
The Sh96 million was diverted from paying a Chinese contractor to a Kenyan firm associated with Don Bosco Gichana, Malch Construction, which had not handled any construction works, through Eco Bank.
The millions were shared later among the five including Mr Gichana whose case was withdrawn after he was jailed in Tanzania on money laundering charges.
Chief magistrate Francis Andayi last week said the four have case to answer over the Sh96 million.
Yesterday, defence lawyers for the four asked the court for more time to allow them conclude the plea bargain talks with the DPP.
“We have approached the DPP for plea bargain and establish how much money should be returned to the bank so that this case can be settled out of court,” said Dunstan Omari, lawyer for Ms Moraa and Mr Nyambane.
Mr Omari said since last Friday they have held talks with the DPP to find a lasting solution to the dispute.
“We approached the DPP on Friday and we did not conclude the issue as defence counsel travelled up country,” he added.
Mr Omari said the constitution embraces alternative dispute resolution (ADR) as a way of resolving disputes and safe precious judicial time.
The prosecuting counsel, Angela Fuchaka confirmed to Mr Andayi that the DPP and the defence are engaged in talks to settle the case out of court.
In 2010 then High Court judge Mohammed Warsame had ordered the accused persons including Gichana to return all the money stolen from the bank then the case would be marked as settled.
Mr Gichana and two law firms that were involved in the transfer returned part of the Sh96 million.
Mr Sagwe was charged with stealing Sh96.7million from Fina Bank on November 15 2010.
The four including the manager Graham Sagwe and traders Robert Moseti, Gladys Moraa and Obadiah Nyambane have approached the director of public prosecutions (DPP) for an out-of-court deal.
Mr Nyambane and Ms Moraa are charged with stealing Sh96.7m from Eco Bank Limited where Malch held an account.
Ms Moraa was a non-executive director of Malch while Mr Nyambane was CEO of the firm.
They have denied the theft charges and are out on bond.
The Nigerian bank in 2013 acquired a majority stake in Fina Bank, set up in 1991, through a share purchase from current shareholders and direct investment in a deal valued at $100 million (Sh11 billion).
Blogger Cyprian Nyakundi has locked horns with the Director of Public Prosecutions (DPP) Noordin Haji over an alleged extortion case involving Victoria Commercial Bank.
Justice Antony Mrima had on March 11 declared unconstitutional the way the evidence in the matter was obtained.
“The DPP ought to have acted in compliance with the superior court decision which was pronounced six months ago,” defence lawyer Dudly Ochiel told the magistrate on Wednesday.
Justice Mrima ruled that the DCI had entrapped the blogger by illegally obtaining evidence against him.
He ruled that the evidence was not admissible and therefore the criminal trial should have been halted.
Owing to the High Court’s ruling, the case against Mr Nyakundi and others collapsed.
Nyakundi had written widely about the bank’s alleged links money laundering among other fraudulent activities upon which the bank on seeing their reputation was in-line, talked to him to go slow on his attacks in exchange of a token. Later the bank would change mind and laid a trap leading to his arrest.
His victory would come when the court ruled that he was entrapped by the authorities in collaboration with the bank and that in no way he was plotting to commit a crime but was wittily led to the trap.
Despite the case collapsing, Nyakundi and his co-accused have been attending court sessions for the last six months in line with the law since they’re out on bail and the DPP hasn’t formally withdrawn the case as required.
When they appeared before Milimani Principal Magistrate Zainab Abdul on Wednesday, the suspects complained that they had been cleared by the High Court but that the DPP was reluctant to terminate the case.
Mr Nyakundi, through Mr.Dudly Ochiel , said six months had lapsed and that the DPP had dragged his feet on the matter by failing to terminate the criminal charges against them.
“The DPP ought to have acted in compliance with the superior court decision which was pronounced six months ago,” defence lawyer Mr. Ochiel told the magistrate on Wednesday.
“Despite the March 2021 ruling, I have been attending court like an accused person while the office of the DPP prosecutor going by the name Muya claims that his boss Mr. Noordin Haji has not authorized for the case to be terminated.” Reads Nyakundi’s complaint seen by Kenya Insights to the ODPP.
“While this is shocking and frustrating at the same time, I have always attended the court like an accused person wondering why the court and the ODPP are dragging in this matter yet the high court ruling was final and clear.” He states.
The blogger is now demanding to know in his complaint what the interest of the DPP is in the matter terming the conduct as unprofessional. “Why would DPP Noordin Haji require approval for a matter that has already been in order for things to move?” He poses.
However, seeking more time to get instructions from the DPP, a State prosecutor said an appeal had been lodged to challenge the High Court’s decision.
In a brief ruling, Ms Abdul noted that the DPP was yet to advise the subordinate court on the way forward in light of the High Court decision.
She then gave the DPP up to September 15 to communicate his decision.
After President Uhuru Kenyatta’s emanation to power in 2013, his appointments to strategic positions in government parastatals have revolved around key figures from military and Intelligence service.
Some of the senior civil offices occupied by military or intelligence service Uhuru’s favorite men include the Office of the Director of Public Prosecutions (ODPP), Ethics and Anti-corruption Commission (EACC), Kenya Civil Aviation Authority (KCAA), Financial Reporting Centre (FRC), National Social Security Fund (NSSF), Kenya Maritime Authority (KMA), Kenya Wildlife Service (KWS), Nairobi Metropolitan Service (NMS) and the Kenya Coast Guard Service (KCGS).
Military.
1. Worst of All
KWS Boss John Waweru
KWS well-connected Director General of Kenya Wildlife Service Brigadier (Rtd) John Waweru was also a direct appointee of President Uhuru Kenyatta. Waweru was appointed to this position on March 13, 2019.
The rot at KWS is so deep that when State House instituted secret audit which exposed poor leadership, costly inefficiencies and capture of board by a section of management led DG Waweru and his loyal right-hand -men — Edwin Wanyonyi; the Deputy Director Strategy & Change, HOD Procurement Mr Wambua and HOD- Roads Mr Eng Walter Ochieng.
Gripping KWS’s centralised procurement system; the Waweru’s cartel hijacked the operations of the KWS Tender Evaluation Committee which openly demanded a ten percent standard kickback from tenderpreneurs who sought business from the state corporation that turns-over approximately Sh8 billion p a.
The four senior staff had been linked to corrupt dealings at KWS through phone and bank records as well as an intricate investigation into their social circles.
Waweru micromanages Road Maintenance Tenders (KWS receives substantial cash injection from the Kenya Roads Board for maintenance of roads within national parks and game reserves) with Engineer Ochieng who had developed a list of preferred contractors and suppliers most of whom the audit revealed were proxy companies they had shares in through relatives and associates.
The tenders were sub-divided and evenly distributed to the preferred suppliers. The DG Waweru who also acts as Corporation Secretary at Board level often blackmails Board members in the name of the President hence placed figureheads in all the main three board committees of finance, conservation and audit rendering all internal controls his tools of manipulation like in a military Barack.
In one controversial incident, Waweru managed to persuade the Board sanction the contract to build a new luxury residence inside the serene Nairobi National Park for himself as the Director General at the cost of Sh31 million.
This particular tender was awarded to a waste collection company suspected to be linked to the DG by proxy and one that has no experience in construction of buildings nor architecture nor design.
He’s also been alleged to be a womanizer “Even worse are an open secret that he has relationships with various women at KWS including the Head of Legal and Head of Security.“ Kenyan Report blog exposed. The state of affairs at KWS deteriorated so bad that disenchanted staff resorted to colluding with poachers thereby undermining wildlife conservation which is a core mandate of the KWS.
Confidential documents where the KWS employees were being forced to sign the trash documents in order to commit and agree that they won’t leak any information to the public in a bid to contain the crisis.
‘An employee shall not, under any circumstances, communicate with the media either in writing or by granting interview and making statements on matters affecting the Service programs or policies without the specific authority of the Director General. Where such authority has been obtained, the employee shall communicate with the press through the respective Divisional Head’, part of the new code of conduct stated.
‘Consequently, attached herewith please find an extract of the Service Code of Conduct to be signed by every employee under your jurisdiction. After signing, a copy is to be returned to this Headquarters for record purpose while the employee shall retain the original for reference’, the letter from Waweru stated.
2. Worst
Gordon Kihalangwa
In August 2014, Kenyatta appointed Retired Major-General Gordon Kihalangwa to fix the Immigration Department following demonstrated concerns over Kenya’s porous borders and their contribution to increased terror attacks in the country.
Kihalangwa retired from the military in 2013 after serving in major positions including Head of the Military Police and Assistant Chief of Defence Forces. He was appointed to replace Jane Waikenda who had served as a diplomat and was later posted to Kenya’s embassy in Pretoria, South Africa.
His appointment to fix the Immigration department later turned out to be a looting spree exercise with Passports scandal that was unearthed by then Auditor General Ouko. The department couldn’t account for missing 1.4 billion Kshs. Immigration department instead have worsened the corruption menace in the country under the military man’s watch. Later transferred to Ministry of Defense as PS and apparently Public works PS.
3. Worse
Julius Karangi
In June 2016, Kenyatta appointed former Chief of Defence Forces Joseph Karangi as the chairman at the Kenya Airports Authority before re-appointing him as a non-executive chairman to the board of the National Hospital Insurance Fund NHIF and now Chairman of National Social Security Fund (NSSF) which has been emtanglement bedrock for tenderprenuers cartels.
The looting in NSSF at one point allegedly led to a heated engagement between the the Rtd. General with President Kenyatta who at one time during the board’s zoom meeting stormed in and directed Chairman Karangi to make certain tender transactions to his (President) prefered firm to stabilise his housing agenda. A move that made Karangi furious and opted out of the meeting.
While at KAA, Karangi was ousted after influencing the supply of faulty scrutiny security machines using Magnate Ventures a company owned by a Kikuyu tycoon Stanley Kinyanjui that is currently under investigations. Karangi used his office also to oust the Jimmy Wanjigi affiliated firm that had been awarded the tender and had to be transfered before hell broke loose into public domain.
4.
George Nyamoko
In October 2018, Maj (Rtd) George Nyamoko, was picked by Kenyatta and given the role of heading the Kenya Maritime Authority as the Director-General. Nyamoko replaced Nancy Karigithu, a maritime lawyer and graduate of the University of Nairobi who had led the maritime authority in an acting capacity.
But after 2 years in the civilian office since 2018, Nyamoko resigned after scandalous construction of the Sh1.8 billion 15-storey KMA complex in Mbaraki area.
5. Worst
Capt. Gilbert Kibe
Captain Gilbert Kibe who also served at the military was appointed the Director General at the Kenya Civil Aviation Authority. Before his appointment, Captain Kibe was serving at the Kenya Airforce as a trained pilot who had overseas training in military warfare.
Kibe’s incompetence is exemplified by the collapse of Eagle Aviation, a Mombasa based
operator he co-owned and managed with Kiran Patel. The airline run into
turbulence and wound up in 2003. Another insolvent firm Kibe co-owned and managed with Charles Muthama is Aero Kenya which collapsed in 2010.
In his tenure as the Director General of KCAA he has been accused of favoring specific aircrafts and isolating specific other ones being that he also owns an aviation school within Wilson airport. He has allegedly been working to the advantage of Jetways and Skyward which have cargo aircraft. And prior to which he operated LET 410 aircraft that transported miraa to Somalia and other destinations prior to his appointment as the DG.
Other operators; Bush Air, Rudufu, Buff Air, Capital Air, Freedom Airlines and Silverstone operate Fokker 50 aircraft felt the pinch.
He employed his concubines Sheila Kemunto and Praktisha Patel and gave them high ranking positions in the Licensing Department and Air Worthiness Inspection, lucrative positions.
Speaking on condition of anonymity, an employee who works under said: ‘Kibe has always been more focused on clamping down on air operators rather than improving the
environment in which they operate.He’s not tried anything innovative or to re-brand or do anything different.’
The Auditor General raised red flags on payment of millions of shillings irregularly paid to Kibe as subsistence allowance for several months raising serious queries on the agency’s spending and the director general’s overseas travels. Kibe clocked millions of frequent flier miles and in the process made a fortune in per diem payments over and above his own perks leading the Auditor General to question the deals.
Under his watch in 2019, tender scandal for Provision of Medical Insurance Cover For Staff (KCAA-019-2019-2020)
The letter dated 22nd November, 2019, adressed to the Manding Dorector of KCAA Gilbert Kibe, copied to Insurance Regulatory Authority (IRA), Office of the Director of Public Prosecutions (ODPP), Office of the Director of Criminal Investigations (DCI), Ethics & Anti- Corruption Commission (EACC), Public Procurement Regulatory Authority (PPOA), and Ministry of Transport.
“It has come to our attention that the procurement process on the referenced tender is a mockery of the bona fide gesture on the part of the majority of the bidders who diligently go about their businesses justly and in accordance with the laws of this land. More disturbing is the fact that the process has been under the supervision of one of the bidders thus further camouflaged by guising as an innocent participant in the process, whilst in cahoots with members of staff at the Kenya Civil Aviation Authority with the intention, will or craft to lure other participants and the general public that the same is a free and fair process.
We are at pains to understand why the Kenya Civil Aviation Authority members of staff would elect to ignore the principles of our Constitution as espoused under Article 10 of the Constitution on good governance, integrity, transparency and accountability. Prior to the release of the tender document, Mr. Urbanus Muthama, an insurance agent affiliated to Jubilee Insurance Company , assisted in the drafting and finalization of the mandatory requirements listed on the published tender document. Resultantly, the tender document suits the interests of Jubilee Insurance Company of Kenya, more particular as set out under requirement No. 13 of the Mandatory Requirements listed on the tender document. It is noteworthy that currently, only Jubilee Insurance Company of Kenya meets the threshold, hence no real bidding.
The Kenya Civil Aviation Authority is an entity well bound by Article 73 of the Constitution which advances objectivity and impartiality in decision making, and in ensuring that decisions are not influenced by nepotism, favouritism, other improper motives or corrupt practices. In blatant disrespect to these provision of the law, a meeting was held in November, 2019 at Panari Hotel along Mombasa Road, attended by Kenya Civil Aviation Authority Human Resource Manager, Martin Kivui, representatives from Jubilee Insurance Company of Kenya Limited and the insurance company’s agent, Mr. Urbanus Muthama, among others. The subject of the meeting was proposition of a ‘kick-back’ amounting to Kshs. 48’000’000/- to Kenya Civil Aviation Authority officials should the tender be awarded to Jubilee Insurance Company of Kenya Limited.
Further Section 44 of the Anti-Corruption and Economic Crimes Act prohibits an individual from receiving or soliciting or agreeing to receiving or soliciting a benefit borne out of a bidding exercise. Moreover, Section 46 of the Anti-Corruption and Economic Crimes Act cautions against a person using his office to improperly confer a benefit on himself or anyone else. In addition to these, Section 176 of the Public Procurement and Asset Disposal Act requires a person not to unduly influence or exert pressure on any member of an opening committee evaluation committee or on any employee or agent of a procuring entity to take a particular action which favours or tends to favour a particular tenderer, neither to inappropriately influence tender evaluations and not to commit a fraudulent act. In conclusion, Section 204B of the Insurance Act prohibits a licensed person from knowingly and willfully assisting, conspiring with, or urges any person to violate the law or for any person who due to such assistance, conspiracy or urging by the said person, knowingly or willfully benefits from the proceeds derived from the use of fraud.
Based on these happenings and the further convoluted step by way of the addendum to the tender, it is our hope as law abiding citizens of this country, that your office would address the issue with the force that it deserves. The same is a clear violation of the Kenyan laws as the exercise is marred with corrupt practices by members who are entrusted to govern public funds. It is noteworthy that there is great effort by mandated bodies to rid the country of such practices and as such this exercise should be subjected to their scrutiny to prevent further graft.
We look forward to your urgent and timely action in order to arrest the fruition of these machinations.
Yours Sincerely,
Interested party.”
Good
Cyrus Oguna
1. In May 2019, former KDF spokesman Colonel Cyrus Oguna was appointed as the government spokesman replacing Eric Kiraithe who was transferred to the Airports security department. He’s performance in our scope iPad not been with marred and well in defending the government.
Major Gen. Badi
2. NMS Director General Badi ‘airman Badi’, whom prior to President’s appointment was a senior directing staff at (National Defense College) NDC. Before his elevation to the NDC portfolio, Badi was the Moi Air Base Commander. NMS has made tremendous strides in improving Nairobi and our rating is based in comparison to the previous regime of Sonko which was flooded with corruption accusations, baseless wrangles, cartel wars and minimal service delivery.
Others who served in the military and were appointed in various bodies include NTSA Chairman Lt Gen (Rtd) Jackson Waweru, Kenya Railways Corporation Chairman Gen (Rtd) Jeremiah Kianga, KPA Chairman Gen (Rtd) Joseph Kibwana, Kenya’s ambassador to Saudi Arabia Rateng’ Odinga Ogega, who was by the time of his deployment early last year the Deputy Commandant (Civilian) at NDC and Director-General for Immigration Alexander Muteshi.
Spies
All good
Noordin Haji
1. In March 2018, the president appointed Noordin Haji as the Director of Public Prosecutions. Prior to his appointment, Haji worked at the National Intelligence Service (NIS) as the deputy director of investigations. Haji replaced Keriako Tobiko, a University of Cambridge law graduate who is now serving as the Cabinet Secretary in the Ministry of Environment.
Under Haji, Kenya has seen prosecution of high voltage corruption cases, leaders brought to book as Migori Governor Obado who’s currently facing murder charges.
2.
Twalib Mbaruk
In August 2018, Twalib Mbarak who also served at the National Intelligence Service was appointed to head the Ethics and Anti-Corruption Commission (EACC). EACC has also had its probably the best form under Mbaruk and we’ve seen the mighty being brought to books even if it’s not the best but the credits are given where due.
3. Alexander Muteshi, who earlier worked as the NIS director of counter-terrorism was also appointed as the director of Immigration Services in July 2018.
Muteshi replaced retired Major-General Gordon Kihaangwa who was appointed as the principal secretary in the Ministry of Defence inSeptember 2019.
