Kenya Insights

Tag: Taita Taveta county

  • EACC, ODPP On The Spot Over Delayed Arraignment Of Taita Taveta County Clerk Maganga For Plea Taking In Sh17M Fraud

    EACC, ODPP On The Spot Over Delayed Arraignment Of Taita Taveta County Clerk Maganga For Plea Taking In Sh17M Fraud

    A group of residents of Taita Taveta County have written to the EACC and Chief Justice Martha Koome seeking answers in what they term as selective prosecution in the fight against corruption.

    They’re questioning why the County Assembly Clerk Gadiel Maganga has not taken plea despite having been arrested.

    Arrest

    In April 26, Ethics and Anti-Corruption Commission (EACC) detectives had arrested Maganga in connection with graft.

    He was accused of fraudulent expenditure related to a bonding trip undertaken by 21 MCAs to Zanzibar in 2022.

    Maganga’s arrest followed the dismissal of his case by the High Court in Voi, where he sought to halt EACC and the Office of the Director of Public Prosecutions (DPP) from pursuing his arrest and prosecution.

    The Commission’s investigation uncovered that a total of Sh 17 million was spent on the trip, with Sh 9 million paid directly to organizers for logistics and Sh 8 million disbursed as imprest to 30 officials, including the 21 MCAs.

    “The County Assembly used forged documents to account for the fraudulent expenditure,” EACC alleged.

    According to EACC the MCA’s were overpaid while some of those who received allowances did not take part in the trip.

    Here’s a copy of the letter emailed to Kenya Insights:

    THE SECRETARY/CHIEF EXECUTIVE OFFICER, ETHICS AND ANTI- CORRUPTION COMMISSION, INTEGRITY CENTRE,
    JAKAYA KIKWETE/VALLEY ROAD.
    P.O. BOX 61130 – 00200,
    NAIROBI.

    LADY JUSTICE HON. MARTHA KOOME EGH
    CHIEF JUSTICE AND PRESIDENT OF THE SUPREME COURT OF KENYA SUPREME COURT BUILDING, CITY HALL WAY
    P.O.BOX 30041, 00100
    NAIROBI

    NELSON INGONGA
    DIRECTOR OF PUBLIC PROSECUTION,
    ODPP HOUSE, RAGATI ROAD, UPPER HILL,
    P.O. BOX 30701-00100.
    NAIROBI

    Dear Sirs/Madam,

    RE: COMPLIMENT AND COMPLAINT LETTER

    On behalf of the people of Taita Taveta County, we take this opportunity to congratulate EACC for exhibiting professionalism in the conduct of investigations into the alleged malfeasance by the County Assembly of Taita Taveta, investigations which revealed misappropriation and loss of public funds to the tune of Kenya Shillings Seventeen Million (Kshs 17,000,000/=) meant for the development of Taita Taveta County.

    It was equally reassuring when EACC took bold action to recover Kenya Shillings Five Million and Six Hundred Thousand (Kshs 5,600,000 /=) of the Kenya Shillings Six Million and Two Hundred Thousand (Kshs 6,200,000 /=) irregularly paid to the 30 County officials as daily subsistence allowance for the bonding trip.

    We were delighted and encouraged that the people of Taita Taveta would finally be on course to receive justice after years of allegations and reports of embezzlement of public funds when EACC together with the Office of the Director of Public Prosecutions concurred that charges of abuse of office, uttering false documents, false accounting by a public officer, wilful failure to comply with the law, regulations and guidelines relating to procurement, and financial misconduct be preferred against the Deputy Speaker, Hon. Anselm Chao Mwadime and the Clerk to the Assembly CPA Gadiel Mnyambo Maghanga.

    Through EACC’s efforts, the Deputy Speaker was arrested, arraigned in court and charged
    in MOMBASA MCAC NO. E004 OF 2024, REPUBLIC -VS- ANSELIM CHAO; he
    took plea on 26th February 2024 and was released on a Kenya Shillings One Million (Kshs1,000,000/=) bond with similar surety or an alternative cash bail of Kenya Shillings Five Hundred Thousand (Kshs 500,000/=).

    The People of Taita Taveta are grateful on how EACC handled its constitutional mandate, it arrested the Clerk of Taita Taveta County Assembly CPA Gadiel Maganga and presented
    him to court to take plea; it did not relent when he filed a case at the Voi High Court and obtained Orders to stop it and the Office of the Director of Public Prosecution from pursuing his arrest and prosecution. It swiftly arrested him when the orders were discharged and charged him in MOMBASA MCAC NO. E007 OF 2024 REPUBLIC -VS- GADIEL
    MAGANGA AND ANSELIM MWADIME.

    What is appalling and bizarre is that to date, CPA GADIEL MAGANGA HAS NOT TAKEN PLEA! He appeared before Honourable Alex Ithuku on 12th March 2024 for plea taking but the same was deferred to 8th April 2024 then deferred further to 29th April 2024, 13th May 2024 and 10th June 2024.

    This then begs the following questions:

    1. Is the criminal justice system being compromised?
    2. Are there any schemes and plans being hatched to scuttle the process and therefore deny the people of Taita Taveta justice?
    3. Is the Clerk to the County Assembly above the law?
    4. Is the Office of the Director of Public Prosecution dragging its feet and considering recalling the file and subsequently drop the charges?
    5. Who is protecting the Clerk of the County Assembly of Taita Taveta and to what benefit?
    6. Are some EACC officials working in cahoots with the ODPP and Judiciary to undermine justice?
    7. The Deputy Speaker already took plea, what is it that is stopping the Clerk from taking plea?

    We wish to state as follows:

    1. That we are driven by the desire to seek justice for the people of Taita Taveta who are outraged and desirous to know when the clerk will take plea.
    2. That failure by the ODPP and the judiciary to take any action against the Clerk of the Assembly is an endorsement of impunity.
    3. The inaction by the ODPP and judiciary will severely erode the confidence the public has in those institutions.
    4. That there is public outcry on the issue and the failure by the DPP will force us to commence private prosecution against the clerk.
    5. That people of Taita Taveta will not relent in their struggle to seek justice.
    6. People of Taita Taveta will picket and organise public demonstrations against the
      Judiciary and the ODPP.
    7. People of Taita Taveta will seek the involvement of all the relevant bodies including petitioning the Senate, writing to the President, the Office of the Ombudsman, The Law society of Kenya, Judicial Service Commission etc.

    It is our expectation that the Office of the Directorate of Public Prosecutions and the judiciary will appreciate the urgency of this matter, place a premium on the reputation of their institutions, uphold the integrity of the criminal justice system, and apply its expertise, knowledge, and wisdom of the Kenya laws in making the determination and orders required to advance the cause of justice and the rule of law as formulated in the issues that are now before you.

    ACTIVE CITIZENS OF TAITA TAVETA COUNTY

  • Taita Taveta Officials Accused Of Graft Want Whistleblower Arraigned, Court Seeks Interpol’s Assistance

    Taita Taveta Officials Accused Of Graft Want Whistleblower Arraigned, Court Seeks Interpol’s Assistance

    Tides are getting stronger in what is now becoming a case of the hunter being hunted.

    KWAELA, a whistleblower website that has been featuring alleged corruption cases in the Taita Taveta county government has come under attack from accused county official whom have taken the matter to the court in Mombasa.

    The accused five senior County officials cited negatively by the whistleblower website have asked the Communications Authority to pull down the site.

    This follows a temporary injunction and interim orders issued on November 2 by Mombasa Senior Principal Magistrate Charles Ndegwa barring the website owner, Mwashere Shuma, or his agents from publishing “libelous or defamatory statements or articles” against the officials.

    Mr Ndegwa asked Interpol to help repatriate Mr Shuma from Europe to face charges of defamation in Kenya.

    The officials are Edward Mwakisima, Bigvai Mwailemi, Wilfred Mwalimo, Mathias Madeda and Mathew Njoroge. Mr Mwashere had claimed in his online posts that the officials were corrupt.

    The court ordered the defendant to pull down all defamatory articles from several platforms, including his Kwaela News Network website.

    “The plaintiff is granted leave to effect service of court summons or any other process through the minister for the time being responsible for Foreign Affairs and with a special request for the further transmission through the diplomatic channel through the Kenyan embassy in Austria,” the order said.

    The court also directed the inspector-general of police to coordinate with Interpol to present the defendant to court.

    The Voi DCI and police station commander (OCS) have also been ordered to investigate pseudo-accounts that have been sharing and circulating defamatory posts against the petitioners on social media.

    Kwaela has been provocative and exposing alleged fraud in the county government rubbing shoulders with who’s and who’s putting him in line with many who’re keen to keep their dirty deals under wraps. He’s been a nightmare for them and with their influences now hoping for the court to stop further ‘defamation’ a check in the Facebook page shows an ugly fraud scheme as alleged.

    The case will be heard on November 16.

  • Major Corruption Accusations On Taita Taveta County Officials Spills Online

    Major Corruption Accusations On Taita Taveta County Officials Spills Online

    The County Government of Taita Taveta has come under fire following scrutiny laid by a group known as ‘KWAELA NETWORK’. In the past few weeks, the group of anonymous whistleblowers has taken on social media pages to expose what they say is an elaborate and grand theft scheme by county officials and blaming the Governor Samboja for overseeing the heist.

    A junior officer Edward Mwakisima working with the county has particularly been outed for putting up a huge mansion that costs millions despite being on allegedly Sh28K monthly salary. His rise in wealth has rose curiosity with KWAELA alleging he got his wealth through dirty deals with the county government.

    Edward Mwakisima‘s questioned mansion said to be worth over Sh19M.

    “The young guy started working at the Taita Taveta County Government in 2020 and earns a Gross salary of Kshs 28k per month. He had no job before Governor Granton Samboja gave him a job. Neither did he own any Business even of selling njugu karanga ?…If the allegations that he is stealing from the County Government are not true, then where is he getting all the cash to build a house of this kind. Did he join Illuminati?” KWAELA said.

    According to the whistleblower group, it’s alleged that the County Drilling Rig, bought with Tax Payers cash, is his personal asset. Its MPESA till number is under his name. All the monies collected by drilling boreholes in the County, goes to his personal account.

    “Can Directorate of Criminal Investigations (DCI) , Ethics and Anti-Corruption Commission (EACC) and Kenya Judiciary come to TTC and save us by doing his lifestyle audit?” Concluded the group.

    According to the information seen by Kenya Insights, the group is accusing Governor Samboja’s political advisor, Bigvai Mwailemi of receiving kickbacks from all suppliers and contractors to the county.

    “Imebainika kuwa kupata tenda yoyote kwa serikali ya Gavana Samboja lazima Supplier ama contractor atoe ka kitu cha ma cartels. Bigvai Mwailemi hutumia Accounts hizi mbili kupokea mgao wake wa kickbacks ili kujificha. Mara nyingine wanapokea kickbacks in Cash na hizo wanaziweka kwa nyumba kwa magunia kama nafaka.” Said the group who went further to reveal the accounts allegedly used by Mwailemi to receive kickbacks.

    Co-Op bank account and Mpesa allegedly used to receive kickbacks.

    They further claim they after blowing the scandal on social media, Bigvai reported to the DCI in Voi for ‘cybercrime’ in a bid to track and nab the shadow faces behind the exposes online. However, according to KWAELA, things turned opposite for the political advisor when police escorted him to his house for a search upon which Sh400K was reportedly found and Bigvai out behind bars given that he couldn’t explain the source of the cash found in his house. Allegedly, the Governor made calls and secured his lieutenant’s release.

    “Baada ya kuanikwa hapa, Bigvai Mwailemi Ouma – Chief Political Propagandist wa Gavana Samboja, alienda kwa DCI Voi office, kulalamika. Kufika huko wakamgeuka ylna wakaamua waende nae nyumbani kwake. Kufika nyumbani, msako ukafanywa na akapatwa na shilingi elfu mia nne ambazo hakuweza kuelezea amezitoa wapi. Ikawa apelekwe ndani kisha afunguliwe mashtaka kortini. Mkuu wa Cartel, Governor Granton Samboja kupashwa habari, mbio mbio akaongezea hela zaidi ili mtu wake wa mkono wa wizi aachwe huru. Si wamesemea wako tayari kwa mdomo na hata na kwa pesa….Na kweli akaachiliwa….” Wrote the group.

    Bigvai Mwailemi Ouma.

    The summer allegations are as follows;

    Allegations of corruption on county officials.


    The group also exposed a scandal in which the Governor is accused of plotting to steal over Sh500M from the county government to fund his campaigns.

    ”As I speak, Taita Taveta County is set to lose over Kshs 500m in its budget this financial year. All this money has been allocated to fund campaigns for my boss, Governor Granton Samboja. It will all be disguised in the face of non-existent development projects. They intend to have ghost projects that will cost approximately Kshs15 million in each ward. The total is about Kshs300 million for the whole county. There will also be other bogus schemes that will be spread across the county. The money will be shared amongst The Governor, some corrupt MCAs, and some of my colleagues.” A supposed insider revealed to KWAELA.

    “Do you remember when CECs were given compulsory leaves? This was the reason, to create room to craft the budget.”

    “In utter disregard to the PFM Act 2012, PFM Regulations 2015, and the COK 2010; the budget for the FY 2021/22 was deliberately prepared by three Musketeers, just THREE after the CECs were sent on compulsory leave.”

    “Do you remember the memo from the County Secretary? The Budget Appropriation Committee (BAC) of the County Assembly was ordered and directed to pass it in total!”

    “These 3 mafiosos comprised of two members from The Executive. These are The Governor’s Personal Assistant and his counterpart the Governor’s Political Adviser. The third person is the CEC Finance, and he represents The County Assembly. He is indeed The Assembly’s extension in The Executive! I refer to them as The Triple M or 3 Mafiosos aka musketeersin my secret musings.”

    “Their dirty deeds have disappointed most of us in the strategy team of mzee. We no longer have a say on what is good for our people in Taita Taveta County. We are not even implementing what we promised during the past campaigns.”

    “With the CECs safely away and their cars parked on the site of the Mafiosos, they went ahead to mutilate the budget and allocated:

    1. Kshs 100 million for the campaign war, this is for Governor Samboja to buy votes next year. It will be masked as Ksh15 million bogus projects in each of the 20 wards.

    2. Each cooperative elected MCA will get Kshs5 million to support the re-election bid.

    3. Each cooperative nominated MCA will be allocated Kshs3 million to buy another nomination.

    4. The Speaker, The CS, and The Clerk will get Kshs25 million each for providing support to the looting process and to play dumb as more pending bills are created.

    5. The three musketeers, were overheard swearing that they will ensure the current regime leaves a whooping pending bill of not less than Kshs1.5 billion. By the way, each of them is eyeing Kshs5 million to line their pockets.”

    “The PFM Act clearly states that County Chief Officers (CCO) who are the Accounting Officers, should prepare the budget. But they were completely ignored as the 3 mafiosos went ahead to prepare the last budget.”

    Governor Samboja who has been accused of using the police to muzzle the youths who raise a finger on the dirty dealings in the county, is not new to accusations as he’s a familiar face with the EACC.

    Governor Samboja has been under investigations by EACC for years now over questionable academic qualifications. It’s claimed in court that the governor uttered false documents from Kenyatta University, including a degree certificate.

    A degree certificate is one of the mandatory documents one is required to have before being cleared by IEBC to run for governor in Kenya.

    As part of its investigations, EACC wrote to Kenyatta University requesting information on three certificates, including a diploma and degree that the governor claims he holds lawfully.

    In its response, the university, through its legal officer Aaron Tanui, declared that the certificates were fake.

    Tanui said despite the alleged forgery Samboja still tried to gain admission for masters of business administration studies in the same institution but was turned away.

    In 2019, Governor Samboja was impeached by the county assembly over alleged gross misconduct.

    Issues said to have led to Samboja’s impeachment include failure to submit to the county assembly an annual report on the implementation status of the county policies and plans, misappropriation of funds as well as misleading the people of Taita Taveta in dissolving the county.

    The ward representatives also accused Samboja of failing to remit statutory deductions of the relevant institutions including Kenya Revenue Authority (KRA), National Hospital Insurance Fund (NHIF), National Social Security Fund (NSSF) among others.

    County governments have turned many into overnight millionaires, EACC has in the past launched a lifestyle audit on county officials in Taita Taveta in a bid to wud out criminal elements. It doesn’t take a brainer how for instance someone earning a meager Sh28K salary would manage to build a Sh19M mansion and be able to explain mysterious wraith that only rise after their employment with the county government.

    The President recently announced that all public  servants would be subjected to mandatory lifestyle audit, EACC should take allegations as such made on Taita Taveta and go for the heads of the corrupt. Will they strike?