Kenya Insights

Tag: Twalib Mbarak

  • Water CS Taken To Court For Protecting Athi Water Development Agency CEO’s Illegal Stay In Office

    Water CS Taken To Court For Protecting Athi Water Development Agency CEO’s Illegal Stay In Office

    Cabinet Secretary for Water Sanitation and Irrigation Alice Wahome finds herself in trouble following a petition filed in court over the state of affairs at the Athi Water Development Agency.

    According to the petition filed in a Nairobi High Court by Caroline Wambui Mwangi, the CS is being accused of obstructing ongoing corruption investigations at the State agency, which falls under CS Wahome’s docket.

    Ms Mwangi through Robinson Maina Law Firm also wants the court to rule over the legality of the continued stay in office of Athi Water Development Agency Chief Executive Michael Thuita following the lapse of his second three-year term.

    “Having served as the Chief Executive Officer since June 6, 2017, the first respondent (Thuita) has to date served for a cumulative tenure of six years, two months, and still counting, thus grossly violating the law on the tenure of office,” she says in court documents.

    Ms Mwangi seeks a court order to compel Mr Thuita to vacate office, citing the ongoing investigations by the Ethics and Anti-Corruption Commission (EACC) into his alleged involvement in procurement irregularities related to several water projects.

    Athi Water Development Agency Chief Executive Michael Thuita.

    Earlier this year, EACC CEO Twalib Mbarak wrote to CS Wahome asking her to suspend Mr Thuita.

    Mbarak said in the letter dated May 24 that the Commission is investigating procurement irregularities in the award of tender in the construction of Ruiru-II, Karimenu and Kitui Matuu Water Projects undertaken by the agency in which Thuita has been adversely mentioned.

    “The CEO, being the accounting officer of the agency was involved in the implementation of these three projects. Therefore, there is a likelihood that his being in the office will interfere with the smooth provision of documents and persons who may be called upon as witnesses,” the EACC boss said.

    Mbarak said the request is in line with provisions of the Leadership and Integrity Act which provides for the suspension of State or public officers mentioned in alleged graft.

    “Regulation 25(2) of the Leadership and Integrity Act provides that suspension shall apply where the officer is likely to conceal, alter, destroy, remove records, documents or evidence,” the EACC boss stated.

    He said the Act also provides for the suspension to ensure the officer in question does not intimidate, threaten or otherwise interfere with witnesses or the investigations in any manner.

    25(3) of the Act, a suspended State or public officer shall be placed on half pay pending conclusion of investigations.

    “To this end, based on the reasons stated, it is advised that you consider invoking the above-cited provisions and take administrative action against the CEO to pave the way for investigations,” he told CS Wahome.

    Wahome’s Interference

    The petitioner claims Mr Thuita’s extended stay in office is an attempt to hinder the ongoing probe, manipulate evidence, and silence potential witnesses.

    Ms Mwangi argues that the CEO’s actions are

    “not only contrary to the rule of law but also detrimental to the public interest and the agency’s accountability.”

    “It is totally unlawful for Thuita to illegitimately and mischievously continue exercising the mandate vested in the office of the Chief Executive Officer of the agency in a manner that terribly exposes the public to grave legal liabilities,” she argues.

    In her affidavit, Ms Mwangi alleges that the EACC had recommended the suspension of Mr Thuita during the course of its investigation, a recommendation that was ignored by CS Wahome.

  • Part II: Lobby Group Raises Concerns About Corrupt Conduct By PS For Shipping And Maritime Nancy Karigithu

    Part II: Lobby Group Raises Concerns About Corrupt Conduct By PS For Shipping And Maritime Nancy Karigithu

    In our continuing series, Seaman Lobby Group in a letter addressed to Ethics and Anti-Corruption Commission Integrity Centre (EACC) and copied to Kenya Insights, Integrity issues have been raised about the Principal Secretary Fir Shipping and Maritime Nancy Karigithu in her capacity as the Acciunting  Officer of Kenya Maritime Authority (KMA) in 2014 where she’s accused of overseeing a corrupt procurement of the new KMA Headquarters land under Tender Number KMA/LAN/ONT/005/2014-2015.

    Belowbis a statement from the lobby group that accused her addressed to EACC’s boss Twalib Mbarak;

    I refer to the subject matter and various public allegations.

    I, Ahmed Mabrouk, the Founder and Coordinator of Macho ya Baharia Lobby Group, Mombasa; pursuant to Article 3(1) of the Constitution and in exercise of the Freedom of Expression guaranteed under Articles 33 of the Constitution; invoking the protections guaranteed under Section 65 of Anti- Corruption and Economic Crimes Act (Cap 65); hereby formally submit to you a Complaint Concerning Corrupt Conduct by Nancy Karigithu, the current Principal Secretary of Shipping transportation under Ministry of Transport.

    Nancy Karigithu was the long-serving Director General/Accounting Officer of Kenya Maritime Authority (KMA) when under tender no. KMA/LAN/ONT/005/2014-2015, she oversaw procurement of the land on which sits the new KMA headquarters, in a procurement process replete with corruption in contravention procurement laws and other applicable laws, in the following instances:

    (a) Nancy Karigithu occasioned Government to buy its own land when Tile & Carpet Centre (TCC) Ltd sold KMA land that is still owned by Kenya Railways Corporation (KRC).

    (b) Nancy Karigithu failed to conduct the required diligence before purchasing the said land leading KMA to pay Tile & Carpet Centre Ltd over Sh. 200 million, for a lease that now stands at 44 years, reducing.

    (c) Nancy Karigithu failed to conduct tender Financial Evaluation as required by law.

    (d) Nancy Karigithu failed to keep (or, it is alleged she confiscated/destroyed) important records pertaining to the land purchase.

    (e) Nancy Karigithu paid Tile & Carpet Centre Ltd 10% down payment on 7th December 2014 and yet the contract was signed on 23rd December 2014.

    (f) Nancy Karigithu paid a total of Sh. 202,800,150.00 for land which was valued by Government at Sh. 150,000,000.00.

    (g) Nancy Karigithu paid total Sh. 202,800,150.00 when the approved budget was Sh. 200 million.

    (h) Nancy Karigithu signed the Agreement with Tile & Carpet Centre Ltd as a witness and not as the KMA Accounting Officer.

    In brief, information availed to us shows that during the vicious war (2016 – 2018) between Nancy Karigithu (who was PS Shipping and Maritime but then not in charge of KMA) on one side and the KMA Board of Directors on the other side, Nancy Karigithu instigated the audit of KMA by requesting the PS for the State Department for Transport (who was then in charge of KMA) to cause the audit of KMA. PS Transport wrote to the Inspector General of State Corporations vide letter Ref. MOT&I/C/SM/015VOL dated 17th July 2017, requesting the State Corporations Advisory Committee (SCAC) to audit KMA.

    As fate would have it, in a classic case of “hunter becomes the hunted”, the Audit Report fingered Nancy Karigithu (the audit instigator) for being responsible for loss of millions of public monies in the December 2014 procurement of the KMA headquarters land. (See ANNEX I: copy of the SCAC the Auditor’s Report and ANEX II: copy of the initial “transmittal letter”, both documents sent on 9th February 2018 by SCAC’s Margaret Chebii: [email protected] to Titus Muriithi: [email protected], the immediate former Inspector General of State Corporations).

    Nancy Karigithu could not countenance the unexpected development. And so, a plot was hatched to sanitise Nancy Karigithu.

    Macho ya Baharia Lobby Group have obtained a heavily redacted copy of letter ref. ISC/INS/POL/101/TY (13) dated 9th January 2018 which was intended to communicate the Audit Report and findings and recommendations to PS for the State Department for Transport, who had requested for the audit. (See the enclosed ANNEX III: copy of the heavily redacted letter ref. ISC/INS/POL/101/TY (13) dated 9th January 2018)

    The letter heavily redacted letter contains recommendation “x” that states thus:
    The Parent Ministry should take appropriate disciplinary action against Mrs. Nancy Karigithu, for negating her responsibility as an accounting officer at time of the execution of the land sale-agreement by signing as a witness contrary to Section 7(c) of the Public Procurement and Disposal Regulations of 2006.

    Macho ya Baharia Lobby Group understand that both the Auditor’s Report and the transmittal letter were altered to remove any negative references to and allegation of corruption by, Nancy Karigithu. A cursory scrutiny of the heavily redacted letter indicates that the immediate former Inspector General of State Corporations Mr Titus Muriithi (who has since been charged by ODPP in the Kimwarer and Arror dams scandal) had signed the initial letter – with the recommendation for disciplinary action to be taken against Nancy Karigithu – before changing his mind.

    Notwithstanding the attempt by the immediate former Inspector General of State Corporations to ‘sanitise’ Nancy Karigithu, Macho ya Baharia Lobby Group expect EACC to conduct independent investigation into the present Complaint Concerning Corrupt Conduct by Nancy Karigithu. As such, the SCAC Audit and its findings and recommendations should be treated only as indicative of corruption that warrants EACC investigation.

    Macho ya Baharia Lobby Group understand that numerous other similar complaints against Nancy Karigithu that were previously reported to EACC were swept under the rag. For example, in January 2016 EACC ‘sanitised’ Nancy Karigithu during National Assembly vetting for PS position despite, EACC acknowledging to the Clerk of the National Assembly that it (EACC) was in possession of information where Nancy Karigithu was adversely mentioned in corruption cases. (See the enclosed ANNEX IV: copy of the letter of the Clerk of the National Assembly ref. KNA/COMM/APPT/2015 dated 9th December 2015)

    So, is Nancy Karigithu ‘untouchable’? Maybe. Macho ya Baharia Lobby Group have obtained an unflattering audio recording of a conversation between Nancy Karigithu and an acquaintance, where Nancy Karigithu is bragging to that acquaintance that she (Nancy Karigithu) is “very powerful” and alleging that she is “protected” at the highest levels. This is wrong because we do not imagine Government – at any level – condones corruption or protects corrupt State/Public officers. (Please let us know whether the said audio recording may be of help to you, since now you may wish to ascertain whether Nancy Karigithu has been executing her duty(ies) under the dictates of Chapter Six of the Constitution and the Leadership and Integrity Act, 2012)

    In conclusion, therefore, we believe this letter has established and communicated to you a prima facie valid Complaint Concerning Corrupt Conduct by Nancy Karigithu under tender NO. KMA/LAN/ONT/005/2014- 2015, which warrants immediate investigation(s) by EACC.

    Please note, in the event that EACC is unable to commence investigation(s) by 1st July 2020, Macho ya Baharia Lobby Group will, as the next recourse in pursuit of justice for the people of Kenya, petition:

    (a) The Commission on Administrative Justice, to inquire into the Complaint Concerning Corrupt Conduct by Nancy Karigithu; and

    (b) The National Assembly Departmental Committee on Transport, Public Works and Housing, to censure Nancy Karigithu.

    We look forward to expedited investigations into Complaint Concerning Corrupt Conduct by Nancy Karigithu in order to bring justice to the Kenyan people.

    We commend you for EACC’s recharged impetus in the fight against corruption.

    Yours faithfully,
    Ahmed Mabrouk
    MACHO YA BAHARIA – SEAMAN LOBBY GROUP

  • 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.