Why top government officials are in EACC dossier on corruption

Integrity House, the Ethics and Anti-Corruption Commission (EACC) headquarters in Nairobi. PHOTO | FILE  

By BD REPORTER

Evans Kidero, Governor Nairobi County

He is the governor of Nairobi and former CEO of Mumias Sugar Company in Western Kenya. He faces multiple investigations both in his capacity as governor and former boss of Mumias.

Mr Kidero is accused of engaging in irregularities in the signing of an MoU with Foton East Africa. It is alleged that he signed a Sh4.6 billion deal in a plan to launch the Metro transportation system in a flawed manner.

He is also accused that before he left Mumias, he processed legal fees of Sh300m and instantly paid Sh280m for services not rendered to the company.

The payment is alleged to have been made to lawyer Tom Ojienda’s personal account instead of that in the name of the contracted law firm, Ojienda& Co Advocates. Mr Kidero is also named in irregular tendering of fertilizer supplies worth Sh11 million.

Michael Kamau, Transport and Infrastructure Secretary

Accusations against Mr Kamau centre on SGR. APEC Consulting— associated with the CS— allegedly charged inflated SGR consultancy fees amounting to billions of shillings.

He is also accused of awarding Land Mark Clearing and Forwarding Company a 14- year contract to clear 80 per cent of the cargo meant for construction of the railway at the port of Mombasa. 

He is accused of tender manipulation  and colluding with Kundan Singh Construction Company and other public servants to change without proper procedure  the design of  the Kamukuywa-Kaptama-Kapsokwony-Kimilili roads, leading to theft of funds.

Caroli Omondi, Chief of Staff to Former Prime Minister Raila Odinga

Caroli Omondi, who served as chief of staff to former prime minister Raila Odinga, is under investigation for a suspect land deal that could see the registered owner- Kenya Commercial Bank- lose Sh430 million.

EACC says it is following up on reports that Mr Odinga’s former aide has struck a deal to buy the prime piece of land from KCB at Sh220 million, but has already secured a buyer who will acquire the same land from Mr Omondi at Sh650 million.

The land in question is on Loita Street, near Barclays Plaza.

The anti-corruption watchdog only identifies Mr Caroli’s buyer as “a businessman of Asian descent”.

Patrick Osero, Chairman Agricultural Finance Corporation

Deputy President William Ruto’s aide is under investigation for two mega land scandals in Nairobi involving Langa’ta Road Primary School and State House Road.

Mr Osero’s case was reported to EACC on 23rd of March 2015 two days before the President gave his State of the Nation address.

Mr Osero came to the limelight in January when Langa’ta Road Primary School pupils protested against grabbing of the school playground. He however distanced his property- Weston Hotel from the claims.

Mr Osero is mentioned alongside Nairobi Senator Mike Mbuvi Sonko to be among a cartel linked irregular acquisition and fraudulent disposal of public land.

Mr Osero’s friendship with the deputy president dates back to 1992 when the duo was part of Youth for Kanu (YK’92) campaign. He unsuccessfully vied for Borabu parliamentary seat in 2013.

Maryanne Keittany, Chief of Staff at the Office of the Deputy President

Ms Keittany is accused of abuse of office and misappropriation of Sh200million. It is claimed that she diverted Sh100million from the Legislative and Inter-Governmental Relations Office to mobilise MPs in the abortive campaign in July 2014 to impeach National Planning and Devolution secretary Anne Waiguru.

Igembe South MP Mithika Linturi had filed a petition in Parliament to oust the minister over what he termed as gross misconduct and gross violation of the constitution.

In the motion, Mr Linturi accused Ms Waiguru of intimidating and threatening public servants under her jurisdiction. The motion however did not take off after Mr Linturi failed to appear in the House to table it.

Johnston Kavuludi, National Police Service Commission Chairman

Johnston Kavuludi is being investigated for financial impropriety. The EACC’s report states that Mr Kavuludi made various trips abroad but failed to account for the funds.

The Auditor- General has also cited similar accounting irregularities after it stated that the commission paid millions in rent despite not having a lease agreement.

Mr Kavuludi’s colleague at the National Police Service Commission, Ronald Musengi ,was also mentioned in the EACC report over the irregular procurement of the Konza-Malili Ranch in 2010. The land case is in court.

Felix Koskei, Agriculture Secretary

Felix Koskei is accused of irregularly leasing 100 acres of government land in the prime Tigoni area and planting potatoes with the intention of selling it back to government as seeds.

He is also accused of secretly allocating permits to some individuals and companies to import sugar into the country without going through open tendering.

The 100 acres belonged to Kenya Veterinary Vaccines Production Institute (Kevevapi) and Mr Koskei allowed his personal assistant, a Mr Kigen, to supervise the potato venture.

This also amounted to conflict of interest since the CS was to supervise the potato project. He is also facing various allegations of conflict of interest, abuse of office, intimidation and bribery demands from parastatal chiefs.

The CS is accused of flouting procurement laws and the policy under Comesa rules by allowing importers to bring in the sugar even from a country which is a net importer.

Charity Ngilu, Land Secretary

Mrs Ngilu is accused of ordering State valuers to inflate the cost of a 930-acre piece of land in Mombasa with the intention of pocketing Sh65 million as kickback.

The land belonged to Evanson Waitiki and the State was buying the Likoni land to settle squatters. Its cost was inflated by Sh110 million and the remaining Sh45 million was to be shared by other parties in the land deal.

Mrs Ngilu is said to run a ministry bedevilled by rampant corruption involving irregular acquisition and fraudulent disposal of public land through a network of cartels linked to her, senior ministry officials, politicians and brokers.

The report names Patrick Osero, businessman and Anglo Leasing architect Deepak Kimani and Nairobi Senator Mike Mbuvi Sonko as cartel members.

Ms Ngilu is accused of evicting Myta Limited from a plot along State House crescent road in Nairobi.

James Orengo, Siaya Senator

Mr Orengo stands accused of being party to the irregular disposal of public land in Westlands by a private developer. He allegedly oversaw this with former Nairobi mayor George Aladwa and commissioner of lands Zablon Mabeya.

Mr Orengo’s interaction with the Madhvani Family, a Ugandan billionaire dynasty, is under scrutiny. The family supposedly regularly flew him in their private helicopter between Kenya and Uganda.

The family was in 2011 locked in a Sh1.2 billion court battle to preserve their expansive Kwale real estate assets after the State revoked their 117 title deeds.

Orengo is accused of irregularly allocating himself land whose lease had expired.

Alfred Mutua, Governor Machakos County

Machakos Governor Alfred Mutua has been accused of purchasing old and overpriced Subaru car models for county executive committee members through single sourcing.

Mr Mutua bought 14 used Subarus that were imported in breach of government regulations that bar import of cars older than eight years. The cars were worth Sh26 million. He is charged along his interim County Secretary Irine Kamau.

The Auditor- General last year poked holes in the county government’s accounts with reports on misuse of public funds- operating six confidential bank accounts and withdrawing unaccounted money from them and making irregular payments.

Davis Chirchir, Energy & Petroleum Secretary

Chirchir is under investigations for attempting to influence the award of $500 million (Sh45 billion) Kenya Pipeline Corporation (KPC) new oil pipeline to SINOPEC instead of Zakhem International.

The EACC dossier says the tender was meant to corruptly yield $15 million (Sh1.35 billion) which was to be shared between Chirchir and Senator Mike Mbuvi (Nairobi).

Mr Chirchir is alleged to be perpetrating corruption in the ministry’s tenders and procurement process.

He is accused of working to ensure that corrupt deals in the energy sector are successfully executed. The EACC said the Ministry of Energy and Petroleum is riddled with massive corruption.

Chirau Ali Mwakwere, High Commissioner to Tanzania

Mr Mwakwere is accused alongside Francis Kimemia (Secretary to the Cabinet), Esther Koimett (Investment Secretary) of using their offices to deprive former employees of Kenya Railways Corporation houses.

The units had been set aside for the staff as part of a tenant purchase scheme.

An inter-ministerial Committee in 2006 allegedly approved that only seven per cent of KRC’s non-strategic assets (houses) worth Sh5 billion be sold to employees who were occupying them.

This case was reported on 8th January this year and is currently under investigation.

Mr Mwakwere is currently Kenya’s ambassador to Tanzania.

Isaac Ruto, Governor Bomet County

Bomet governor Isaac Ruto is under investigation for accumulation of huge amounts of wealth since coming to office.

The EACC states that Mr Rutto has acquired 40 earth movers, tippers and graders that are estimated to have cost Sh400 million.

Additionally the report says that Mr Ruto has a helicopter estimated to have cost Sh300 million, a palatial home in Ngong worth Sh33 million and petrol stations. Mr Ruto also chairs the Council of governors.

EACC also got a court order on Tuesday to give it access to records of a bank account that is held by the Bomet county government on suspicion than Sh24 million was lost during the transition from a municipal to a county two years ago.