Guilty as charged: Court to KEPHIS Assistant Plant Inspector
1:08:2024: An Anti-Corruption Court in Milimani has found an Assistant Plant Inspector at the Kenya Plant Health Inspectorate Services (KEPHIS) guilty of fraudulently acquiring public funds and providing false information to a public entity. Chief Magistrate, Hon. Thomas Nzioki, convicted Juma Mwadama Zinje for acquiring Kes4,746,834.38, a salary earned from KEPHIS. He was also convicted on two other counts of providing false information to a public entity, being information filled in the KEPHIS employment form where he stated that he possessed a Diploma in Sustainable Agriculture and Rural Development from Baraka Agricultural College and a Certificate in Agriculture from Kilifi Institute of Agriculture respectively. The Ethics and Anti-Corruption Commission (EACC) received a complaint on June 8, 2021, from the Managing Director of KEHPIS alleging that Juma Mwadama Zinje forged academic certificates and used them to apply to join the entity. The Commission conducted investigations and established that the suspect forged a Diploma Certificate in Sustainable Agriculture and Rural Development purportedly issued by Baraka Agricultural College, a Certificate in Agriculture from Kilifi Institute of Agriculture, and a Kenya Certificate of Secondary Education Mean Grade C to secure employment as an Assistant Plant Inspector II at KEPHIS. The Office of the Director of Public Prosecutions (ODPP) concurred with the Commission’s recommendation to charge the suspect. Mr. Mwadama was arrested and arraigned on 12 counts of various offenses before the Anti-Corruption Court in Milimani on May 25, 2023. These included one count of fraudulent acquisition of Kes4.75 being salary paid to him by KEPHIS, three counts of providing false information, four of forgery of Kenya Certificate of Secondary Education, Certificate in Agriculture from Kilifi Institute of Agriculture, Diploma Certificate in Sustainable Agriculture and Rural Development and an academic transcript in Sustainable Agriculture and Rural Development from Baraka Agricultural College, and four other counts of uttering the said forged certificates respectively. The Court heard that on February 8, 2013, at KEPHIS within Nairobi County, Mr. Mwadama knowingly provided false information in the KEPHIS Employment Application Form KEPHIS/EAI/1 by stating that he had a Diploma in Sustainable Agriculture and Rural Development from Baraka Agricultural College, a Certificate in Agriculture with Distinction from Kilifi Institute of Agriculture, and a Kenya Certificate of Secondary Education with a Mean Grade C, which information he knew or believed to be false. On various dates between June 26, 2013, and April 24, 2021, within Nairobi County, the Court was also told, he fraudulently acquired Kes4,746,834.38 from KEPHIS as monthly salaries as a public officer employed as an Assistant Inspector II. The Court, however, acquitted Mr. Mwadama on the four counts of forgery on July 30, 2024 when he was put to his defense on the remaining eight counts. Hon. Nzioki delivered his judgement on July 30, 2024. He convicted the accused on one count of fraudulent acquisition of public funds and two counts of providing false information to a public entity. He was acquitted of uttering false documents since the chain of custody had not been established. The Court reconvenes on August 19, 2024, for sentencing.
EACC goes for planners of Kes373 million fraud in Bomet County
EACC has launched investigations into allegations of theft of public funds, conflict of interest, and procurement fraud in Kes373 million in the purchase of heavy road construction equipment and trucks in Bomet County. The Commission, through its South Rift Regional Office, has already written to the County Secretary of Bomet County Government requesting key documents and information that will aid in investigations. In particular, the Commission wants to be furnished with approved budget and procurement plans for FY 2022/2023 and 2023/2024, procurement requisition, approved memo seeking approval for advertisement and the advertisement notice, original tender documents submitted by the bidders, appointment letters for tender opening, tender opening register and minutes, attendance register for evaluation, evaluation and negotiation minutes and report, and the professional opinion. The other documents that the Commission also wants to be submitted are the notification of award and regret letters, acceptance letters, contract agreements, LPO, delivery notes, payment vouchers, and bank account details. The investigations will target county officials and private entities alleged to have conspired to weave and execute fraudulent transactions. “Those found culpable will be prosecuted, and any public funds lost in the scandal recovered,” says the Commission’s Spokesperson, Mr. Eric Ngumbi.
The phrase ‘litigation must come to an end’ shouldn’t be in vain, it should have a meaning in its application – Chief Magistrates’ Court Ruling in Criminal Case No. E001, Republic Vs Najib Balala and 16 others
A former employee of KRA arraigned for bribery
30:07:2024: A former employee of the Kenya Revenue Authority was arraigned today at Milimani Anti-Corruption Court on various counts of bribery. David Omondi Omogo pleaded not guilty to four counts of bribery before Senior Principal Magistrate, Hon. Thomas Nzioki, who released him on a cash bail of Kes3 million or a bond of Kes6 million. The Ethics and Anti-Corruption Commission (EACC) received a bribery report from an administrator of Infinity Benefits Limited on July 14, 2021. The report stated that the KRA employee had asked for a bribe of Kes5 million to improperly facilitate the reduction of Kes25.2 million tax arrears the company owed to KRA. Investigations were launched, and the accused person was arrested on July 19, 2021, after he received a down payment of Kes200,000. After the case was fully investigated, a file was forwarded to the Office of the Director of Public Prosecutions, which concurred with EACC’s recommendations to charge the suspect. Mr. Omogo, who was out on a cash bail of Kes100,000, was arraigned today before SPM Hon. Nzioki. He pleaded not guilty to all four counts of bribery. The case will be mentioned on August 8, 2024.
Top cop faces arraignment for bribery
A senior police officer in the Central Kenya Region is facing a possible arraignment on bribery allegations. The Ethics and Anti-Corruption Commission (EACC) Central Regional Office, Nyeri, arrested Ms. Mary Syombua Mutunga, OCS Itabua Police Station, on July 25, 2024, after receiving a complaint to the effect that Ms. Mutunga had solicited a Kes100,000 bribe to facilitate the release of an impounded motor vehicle from the Station’s yard. The complainant, a bar operator, was arrested by four police officers from Itabua Police Station on July 3, 2024, after he refused to sell them alcohol at 10:00 a.m., which was before operating hours. They arrested him and his wife and also towed their vehicle to the police station. He was thereafter arraigned at Embu Law Courts on various charges and released on bond. When he returned to the Itabua Police Station for his vehicle, the OCS demanded Kes100,000 before she could release it to him. At this point, the complainant reported the matter to the Commission’s offices in Nyeri town, where he recorded a statement. Investigations established that, indeed, the OCS had demanded the bribe. On July 11, 2024, she sent an agent to pick up the money on her behalf, after which the Commission officers swung into action and arrested her. She was processed and booked at the Nyeri Police Station and released on a cash bail of Kes50,000. Further investigations are ongoing, and she will report back to the Commission’s offices in Nyeri on August 7, 2024, when a decision to charge her will be made.
Greenlight for EACC to recover Kes8.6 in cemetery scandal
24:07:2024: Boniface Okerosi Misera, a former Head of Procurement in the now defunct Ministry of Local Government will have to refund Kes8.6 million that was part of the embezzled public funds meant to buy a public cemetery in 2009. This comes after the High Court upheld Justice Onyiego’s judgement of September 12, 2023, in which he found Mr. Misera liable for the cemetery scandal and entered judgement against him for the recovery of the said amount in Anti-Corruption Suit No. 21 of 2016. EACC accused Herman Stevens Chavera and Boniface Okerosi Misera in the suit of involvement in fraudulent land procurement by the defunct Nairobi City Council. The land, identified as parcel L.R No. 14759/2, was intended for a public cemetery, but the procurement process was allegedly manipulated for corrupt gains. The case against the first defendant was dismissed for lack of evidence. Aggrieved by the September 12, 2023 judgement, Mr. Misera, through a new advocate, filed an application in the High Court by a notice of motion on September 22, 2023. He prayed for, among other orders, leave for replacement advocates on record, a stay of execution of the judgement and consequential decree, and the setting aside the said judgement and decree to restore the suit for a fresh hearing on merits. The applicant, through his new lawyers, submitted that the hearing was heard and determined without his knowledge. His previous lawyer, he averred, failed to inform him of the trial date, leading to his absence and that he should not be punished for the mistakes of his former advocate. EACC opposed the application. The Commission argued that the long duration of the case and the death of key witnesses made a retrial impractical and emphasized that it would amount to misuse of public funds. The Commission also stressed the need for judicial finality. Justice Nixon Sifuna dismissed the application, agreeing with the respondents and adding that public interest would suffer if the judgement were set aside. Due diligence, he averred, required a client to visit or contact his advocate and inquire about the progress of his case. “A client may also, in the ideal, visit the court registry from time to time, to inquire about the status as well as progress of his case,” he said and declined the prayer for stay of execution of the decree, and dismissed the application.
EACC arraigns a Kenya Ports Authority official for procurement irregularities
19:07:2024: The Ethics and Anti-Corruption Commission (EACC) Mombasa office has arrested a Kenya Ports Authority (KPA) employee over conflict of interest related to a KES 6.4 million tender. Investigations revealed that Janet Mwendwa, a Senior Administrative Secretary at KPA, participated in evaluating a housekeeping services tender for the financial year 2016/2017. She did not disclose her conflict of interest regarding her daughter’s company, M/s Pencoya, which bid for and won the tender. The company, owned by her daughter Betty Wanjiru Gacoya, received Kes420,430.40 monthly for a year, totaling Kes6,436,934.40. Further investigations revealed that the tender was also fraudulently awarded to Ratna Youth Enterprises, owned by Melvin Odhiambo Ouma after submitting fictitious documents from the Kenya Revenue Authority, an AGPO certificate from the National Treasury, and the Registrar of Companies. Janet Mwendwa and Melvin Odhiambo Ouma were today charged before Hon. Jackson Burundi Kalo at Mombasa Law Courts. Mwendwa faces conflict of interest charges, while Odhiambo is accused of various offenses, including fraudulent acquisition of public funds, uttering false documents, and engaging in fraudulent procurement practices. They were released on cash bail of Kes100,000 for Janet Mwendwa and Kes200,000 for Melvin Odhiambo. The case will be mentioned for a pre-trial conference on August 7, 2024. Under Section 16 of the Leadership and Integrity Act, 2012, public officers must declare any conflicts of interest and record them in a conflict of interest register. Additionally, they must refrain from participating in any deliberations related to matters in which they are conflicted. Failure to disclose a conflict of interest constitutes an offense under Section 42 of the Anti-Corruption and Economic Crimes Act.
Six out of 14 Suspects in Prisons’ supply scandal plead not guilty to charges
19:07:2017: Six of the 14 suspects whose companies were paid Kes450,138,000 by the State Department of Correctional Services for goods and services they did not render have today pleaded not guilty to various charges relating to abuse of office and fraudulent acquisition of public property. Mageto Omari Mirieri, Assistant Director Supply Chain Management; Sarah Kemunto Kerandi, Chief Finance officer; Moses Juma Sirengo, a Senior Accountant; Jack Nyariango Ogao, Accountant; and Eric Kipkirui Mutai, a cleaning Supervisor II, all of the State Department of Correctional Services, and Maurine Ndungwa Mwikya, a sole proprietor of Reenn East Africa Company pleaded not guilty before Principal Magistrate Hon. Celesa A. Okore at Milimani Anti-Corruption Court. Kerandi, Sirengo, Ogao, Mutai, and Mwikya were arrested yesterday by Ethics and Anti-Corruption Commission officers, while Mr. Mageto Mirieri presented himself early today at the Commission’s Integrity Centre for processing and arraignment. The State Department of Correctional Services senior officers including Mirieri, Kerandi, Sirengo and Ogao were charged with various counts of abuse of office. The Court heard that between August 29, 2016, and June 15, 2017, they used their offices to improperly confer Kes62,560,000 to Homex Logistics Enterprises as payment for goods not supplied to the State Department of Correctional Services. The Court also heard they improperly conferred Kes51,003,000 to Hygienic Ventures between August 29, 2016, and June 15, 2017; Kes73,342,500 to Unique Supplies between August 29, 2016, and June15, 2017; Kes12 million to Joslil General Supplies between September 28, 2017, and October 23, 2017; and Kes4,780,000 to Reenn East Africa between January 29, 2018 and February 12, 2018 for undelivered good They were also accused of paying Kes25,650,000 to Castro Suppliers between April 20, 2017, and November 20, 2017; Kes50,875,000 to Stemu Supplies between April 18, 2017, and October 24, 2017; and Kes21,697,000 to Mulwa Farm Ltd between October 6, 2017 and March 21, 2018 for undelivered goods to the State Department of Correctional Services. Eric Kipkirui Mutai, the cleaner at the State Department of Correctional Services with seven companies which were paid Kes257,220,500 for undelivered goods was also charged with several counts of fraudulent acquisition of public property contrary to section 45(1) (a) as read with section 48 of ACECA. Maurine Mwikya, the sole proprietor of Reenn East Africa Company, also faced charges of fraudulent acquisition of public property. The Court heard that she acquired Kes4,780,000 from the State Department of Correctional Services for undelivered goods on February 13, 2018. All six persons accused of the crimes denied the charges. They were slapped with a Kes7 million bond each with a surety of a similar amount or Kes4 million cash bail each. The Court also ordered them to surrender their international travel. Their case will be mentioned on August 2, 2024 for further directions. The Court also issued summons of attendance to the remaining suspects to appear for plea taking on Monday, July 22, 2024.
EACC to arraign suspects in the State Department for Correctional Services’ Kes450 million supply scandal
18:07:2024: EACC has today arrested Eric Kipkirui Mutai, a cleaner at the State Department for Correctional Services and the director of seven of the 18 companies that were paid Kes450,138,000 for goods and services not rendered. Mr. Mutai, whose seven companies received Kes257,220,500 was arrested alongside Sarah Kemunto Kerandi, Chief Finance Officer; Moses Juma Sirengo, Principal Accountant; and Jack Nyariango Ogao, Accountant all of them officers of the State Department for Correctional Services, and Maureen Ndungwa, a director of one of the companies involved. The suspects have been processed at EACC, Nairobi Integrity Center offices and will, together with eight others that were yet to be arrested, be arraigned on various charges including abuse of office, fraudulent acquisition of public property, conspiracy to commit an offence of corruption, and money laundering at Milimani Anti-Corruption Court tomorrow, July 19, 2024. EACC investigations established that officials of the State Department for Correctional Services and proprietors of 18 companies engaged in fraudulent acts, conspiracies and forgeries to defraud the public of Kes450,138,000 paid to them for food and ration that they did not supply. Eric Kipkirui Mutai, it was discovered, was employed by the State Department of Correctional Services in 2009. From 2017, he was based at Teleposta Towers as a senior support staff member in the procurement section. The Companies Registry also established that he owned the firms listed below, showing the amounts each received from the State Department of Correctional Services’ Central Bank, account No. 1000302054. Company Name Date of Registration Nature of Business Amount Received in Kes 1 Homex Logistics Enterprises 24 Feb, 2016 Groceries, vegetables, and food 62,560,000 2 Hygienic Ventures 24 Feb, 2016 Hair products and sanitary 56,223,000 3 Facton Logistics Enterprise 24 Feb, 2016 Consulting services on constitutional law 13,200,000 4 Unique Supplies 19 Feb, 2016 Grocery 79,417,500 5 Nerimas General Agencies 11 Nov, 2013 22,145,000 6 Trechris Investments 11 Nov, 2013 Supply of goods 13,600,000 7 White Unicorn Limited 11 Feb, 2015 10,075,000 TOTAL 257,220,500 It must be noted that two companies, Nerimas General Agencies and Trechris Investments were registered on the same date, November 11, 2013, and three on the same date, February 24, 2016. Payment vouchers show that the seven companies supplied various prison facilities, including Nairobi Remand, Kamiti Main Prison, Nairobi West Prison, Lang’ata Women, Kamiti Medium, Kamiti Yctc, and Nairobi Medium. Investigations, however, established that the companies did not supply any of the prisons, and the payment vouchers did not originate from them. Besides, it was also established that there are no LPOs, inspection and acceptance committee certificates, or payment vouchers, delivery notes do not list receiving officers, and the payments are not charged in the respective vote books of the prisons where deliveries were purported to have been made. Further analysis of the investigation reports also established that Kes133,934,983 of the Kes257,220,500 received by Mr. Mutai was withdrawn in cash for unspecified purposes. The rest was used to purchase properties for Mr. Mutai and his close associates. The Commission has asked the remaining suspects, who have since gone into hiding, to surrender at the earliest opportunity possible. They are Benjamin Njoga, Deputy Commissioner General of Prisons; Mageto Omari Mirieri, Assistant Director Supply Chain Management; Joseph Kamau Mwangi, Head of Accounts; and Humphrey Wende Abok, Accountant. Others are Ochoki Joseph Omaiyo, Prison Warder; Stephen Kisonzo Mulwa, and Joseph Kariuki Mwangi, both directors of private companies that were involved in the fraud.
Six years behind bars for a procurement officer for fraudulent practice
18:07:2024: A Court in Mombasa has sentenced a Senior Procurement Officer at the Mombasa County Assembly to a 6-year jail term or a fine of Kes2.1 million for fraudulent practice in procurement proceedings, among other charges. Crispin Odhiambo Atego was convicted together with the former Clerk of the Mombasa County Assembly, Tubman Otieno Achogo, who was sentenced to one year in jail or a fine of Kes300,000. The two had been charged alongside Triza Mwanyika, a Senior Public Relations Officer in the Mombasa County Assembly, on various charges related to corruption and economic crimes. Ms. Mwanyika was, however, acquitted under Section 215 of the Criminal Procedure Code (CPC). The Ethics and Anti-Corruption Commission (EACC)’s Lower Coast Regional Office in Mombasa investigated allegations in 2018 that the County Assembly of Mombasa had attempted to pay Kes870,000 to Kuri Supplies for Cameras, laptops, and printers even though the goods had not been delivered. Investigations revealed that the County Assembly of Mombasa invited Kuri Supplies to supply goods without following the procurement procedures; the tendering process was done through quotations instead of open tendering as required by law; the goods delivered were not inspected; and the minutes of the tender committee and quotations were forged. The Director of Public Prosecutions concurred with EACC’s recommendation to charge, and the suspects were arraigned on 26/06/2018. The Senior Procurement Officer was charged with seven counts relating to willful failure to comply with the applicable law relating to procurement, fraudulent practice in procurement proceedings, and making a false document. Ms. Mwanyika was charged with fraudulent practice in procurement proceedings. The former County Assembly Clerk was charged with willful failure to comply with the applicable law relating to procurement, engaging in procurement without prior planning, and making a false document. The prosecution called nine witnesses, after whose testimony the accused were placed on their defense. Mombasa Law Court Chief Magistrate, Hon. Alex Ithuku delivered a judgment on 20June 2024, convicting the Mombasa County Assembly’s Senior Procurement Officer on the first three counts to Kes500,00 on each or to serve one-year imprisonment on each. He was sentenced to Kes200,00 on each of the remaining four counts or to serve one-year imprisonment on each. Mr. Achogo, the former Mombasa County Assembly Clerk, was convicted on one count of making a false document to which he was sentenced to one-year imprisonment or a fine of Kes300,000.