It is Kes84.5 million or 8yrs for former Samburu Governor
29:08:2024: The former Governor of Samburu County, Moses Kasaine Lenolkulal, recently convicted alongside nine other accused persons in a fuel supply scandal, has today, August 29, 2024, been sentenced to two terms of four years each to be served consecutively if he fails to pay the fines. Mr Lenolkulal was fined Kes1m, or four years imprisonment in default, for the count of conflict of interest and a mandatory fine of Kes83,460,995, or four years imprisonment in default, for the count of illegal acquisition of public property. His business partner in the Oryx Filling Station enterprise, Hesbon Jack Wachira Ndathi, the 11th accused person in the proceedings, was equally slapped with the mandatory fine of Kes83,460,995 million or four years imprisonment in default for the count of illegal acquisition of public property. The Court arrived at the mandatory fine as per Sec.48 (1) (b) of the Anti-Corruption and Economic Crimes Act (ACECA) by dividing the total benefit of Kes83,460,995 that accrued to the former Governor and his partner in the supply of fuel and fuel products to the Samburu County Government between them and multiplied each person’s share by two as per the requirements of Sec.48 (2) (a) of ACECA. The remaining nine convicted persons, including former Samburu County Secretary, Stephen Letinina, Chief Officers Daniel Lenolkirna, Finance; Josephine Lenasalia, Environment; Reuben Lemunyete, Agriculture; Paul Lolmingani, Transport; Benard Lesurmat, Land; Lilian Balanga, Gender; former Deputy Director of Education, Linus Lenolngenje; and former Head of Supply Chain, Geoffrey Kitewan were fined Kes700,000 each or four years imprisonment each in default for the count of abuse of office. Besides, the Court also invoked Sec.64 of ACECA and disqualified all the convicted persons from being elected or appointed to public office for ten years from the date of their conviction. Chief Magistrate Hon. Thomas Nzioki was magnanimous enough to spare the eight former Samburu County Government senior officers the mandatory fine. The Court also alluded to having considered mitigating factors in sentencing, including that they had no prior criminal record, they were remorseful, and had cooperated throughout the protracted proceedings spanning five years; they were also the sole breadwinners for their dependent families, and some were sickly with chronic diseases.
Anti-Corruption Court convicts former Samburu Governor and nine others for conflict of interest, unlawful acquisition of public property, and abuse of office in R Vs. Moses Lenolkulal and 9 others, ACC. No. 3 of 2019
Court convicts former Samburu Governor in a precedent-setting judgement
29:08:2024: The Anti-Corruption Court in Milimani has found former Samburu Governor Moses Kasaine Lenolkulal and ten others guilty of the 2013 to 2019 scandal in which he supplied fuel to his county. Mr Lenolkulal, who has become the first former Governor to be convicted in a corruption case since the advent of Devolution, was found guilty of conflict of interest and unlawful acquisition of public property alongside nine former senior officials in his government and one businessman. The nine former senior officials, including the County Secretary, six Chief Officers of Finance, Environment, Agriculture, Transport, Land, and Gender, a Deputy Director of Education, and the Head of Supply Chain Management, were also found guilty of abuse of office. EACC investigated a complaint of financial malfeasance, conflict of interest, and embezzlement of funds by senior officials of the Samburu County Government in 2019. Investigations revealed that the Governor of Samburu County, with the help of some of his senior officials and a local businessman, traded with Samburu County through Oryx Service Station for fuel and oil lubricants from 2013/2014 to 2018/2019. Upon completion of the investigations, the Commission submitted its report to the DPP, who, upon review, concurred with the Commission’s recommendations to charge with various offenses. The suspects; Moses Lenolkulal, former Governor; Stephen Letinina, former County Secretary; former Chief Officers Daniel Lenolkirna, Finance; Josephine Lenasalia, Environment; Reuben Lemunyete, Agriculture; Paul Lolmingani, Transport; Benard Lesurmat, Land; Lilian Balanga, Gender; former Deputy Director of Education, Linus Lenolngenje; and former Head of Supply Chain, Geoffrey Kitewan, and Hesborn Ndathi, a businessman were arraigned in April 2019 before the Anti-Corruption Court in Milimani, where they pleaded not guilty to the charges. On July 13, 2023, the Court ruled that the Prosecution had proved a prima facie case against ten of the 11 accused persons on several counts and placed them to their defense under Sec.211 of the Criminal Procedure Code (CPC). The Court, however, dropped the conspiracy to commit an offense of corruption charges in count one against all the accused. It also acquitted the Head of Supply Chain Management, Mr Kitewan, for lack of evidence under Sec. 210 of the CPC. In a judgment delivered today, August 28, 2024, Chief Magistrate Hon. Thomas Nzyoki convicted the former Governor on count three of conflict of interest. He also found him guilty alongside Hesborn Ndathi on count four of unlawful acquisition of public property, being Kes83,345,255 that the County Government of Samburu paid Oryx Filling Station for the supply of fuel and lubricants. He convicted the remaining eight accused persons of abuse of office. The Court reconvenes tomorrow, August 29, 2024, for sentencing.
Ibrae Doko Yatani to wait longer to access his seized millions
26:08:2024: The High Court has dismissed Ibrae Doko Yatani’s application to lift preservation orders to EACC for $460,000 (Kes59,284,000 at current exchange rate) seized in his residence during a search on April 24, 2024. The money was seized in the ongoing investigations targeting the former Governor of Marsabit County, Mr Ukur Yatani. Mr Yatani, an uncle to Ibrae Doko Yatani, is also a former Cabinet Secretary for the National Treasury who served in the last years of President Uhuru Kenyatta’s regime. EACC officials raided his homes both in Marsabit and Nairobi in April and in the process, stumbled on and seized the 4,600 pieces of USD in 100 denominations. On May 6, 2024, EACC obtained orders, ex parte, from the High Court to preserve the money pending the conclusion of investigations. EACC argued that the money could be proceeds of corruption, unexplained wealth, or money laundering. Mr Doko Yatani, under a certificate of urgency, applied to the High Court on May 19, 2024, to have the preservation orders dismissed. Through his lawyers, he argued that he is a contractor trading through M/S Al Habib Enterprises Ltd and a well-established businessman. That he had complied with all laws and regulations relating to his business operations. He had previously contracted with Kenya National Highways Authority, World Vision Kenya, and Northern Waterworks Development Authority, among other entities, between 2015 and 2023 and could prove the source of the seized money and what it was meant for. Justice P. J. Otieno, however, in a virtual Court this afternoon, found the application in ACECA Misc. Application No. E014 of 2024; EACC -vs. Ibrae Doko Yatani lacking in merit and failing to meet the statutory threshold. He dismissed it with costs.
EACC partners with stakeholders to develop integrity curricula for public service
26:08:2024: The Ethics and Anti-Corruption Commission (EACC) has partnered with the Kenya School of Government (KSG) and the Office of the Head of Public Service to develop Public Service Governance, Ethics, and Integrity curricula. A workshop to develop the curricula, which is ongoing at KSG Mombasa, marks a significant step by the collaborating institutions toward fostering a transformative culture change in public service. The workshop was officially launched on Monday, 19th August 2024, by Mrs Mary Kimonye, Head of Governance and Public Service Reforms, alongside Mr Abdi Mohamud, EACC’s Deputy Chief Executive Officer and Dr Josephine Mwanzia, KSG’s Director, Academic Affairs. Mrs Kimonye emphasized the programme’s broader impact. This, she said, is not just a training programme, it’s a mindset programme. “We aim to instil and restore the values and character we have lost,” she said. Addressing participants, the EACC Deputy CEO said that the programme under development presents a different approach to addressing ethics and integrity matters in the public service. Dr. Mwanzia stated, “KSG’s role is to develop programmes that cultivate the right mindsets, behaviours, and skills in the public service to fulfil their mandates, and we are here to reflect on their effectiveness and identify any gaps that need bridging.” The workshop, which will conclude on 30 August 2024, has brought together senior officers from the partnering institutions.
High Court stops planned auction of public land under investigations in Nakuru
The Ethics and Anti-Corruption Commission (EACC) has today secured Preservation Orders from the High Court stopping the planned auction of public land grabbed from the Agricultural Training Centre (ATC) in Nakuru. Hashi Energy Ltd, doing business in Nakuru, charged the grabbed public land to Eco Bank for a loan of Kes.40 million but defaulted payment. In his ruling on the EACC Application filed under a Certificate of Urgency, Honourable Justice Charles Kariuki has prohibited Eco Bank and Hashi Energy Ltd from selling, charging, alienating, auctioning or otherwise disposing of the land pending hearing of the EACC case. The land that was to be auctioned today, Friday, is part of 165 acres of ATC land worth over Kes10 billion grabbed by over 50 private persons. The land is currently under active investigation by the Commission for recovery and return to the public.
Former KEPHIS employee to refund Kes4.7 million salary for fake academic papers
20:08:2024: Anti-Corruption Court sitting at Milimani Law Courts has sentenced former Kenya Plant Health Inspectorate Services (KEPHIS) Assistant Plant Inspector to a mandatory fine of Kes4,746,834 or five years imprisonment in default for fraudulent acquisition of public property. The fine is the equivalent of the salary that Mr Zinje Juma Mwadama, the former employee of KEPHIS, received after using fake academic papers to secure employment at the institution. He was also sentenced to a fine of Kes100,000 or 12 months imprisonment in default for providing false information to a public entity and a fine of kes100,000 or 12 months imprisonment in default for another count of giving false information to a public entity. In determining the sentence, the Court indicated that it had considered the sentencing guidelines and the convict’s social inquiry report. Section 48 1(a) of the Anti-Corruption and Economic Crimes Act (ACECA), 2003, requires that such a convict be sentenced to a fine not exceeding Kes1 million, or imprisonment for a term not exceeding ten years, or both. Sec. 48 2(a) states that the mandatory fine shall equal two times the benefit or loss amount. In fining the convict the equivalent of the benefit, the Court observed that the convict had applied the money primarily to meet day-to-day expenses. The Court convicted Zinje on July 30, 2024, 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 falsely 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 long arm of the law finally catches up with Devani
7:08:2024: The director of Triton Petroleum Co. Ltd, through which over Kes7.6 billion of taxpayers’ money was stolen in the irregular sale of petroleum products belonging to Kenya Pipeline Company Ltd, has finally been arraigned after over 16 years of cat and mouse. Mr. Yagnesh Mohanlal Devani, who was arrested yesterday by EACC, pleaded not guilty to all 11 counts before Chief Magistrate Hon. Thomas Nzyoki at Milimani Law Courts. He was charged with two counts of fraudulent disposition of mortgaged goods, eight counts of conspiracy to defraud, and one of obtaining by false pretenses. The Court was told that Mr. Devani, on September 5, 2008, being the managing director of Triton Petroleum Co. Ltd, a duly incorporated limited liability company together with others before the Court in ACC18/2009 and being mortgagors of 19,186.130 cubic metres of diesel jointly and with intent to defraud Emirates National Oil Company (Singapore) Ltd, disposed 13,054.850 cubic metres valued at US$10,226,888.36 and Kes32 million of the said fuel to Total Kenya Ltd without the consent of the mortgagee. In count two, Devani, with others before the court in ACC18/2009, being the mortgagors of 4,261.203 cubic metres of Jet-A1 (aviation fuel) jointly and with intent to defraud the mortgagee, Emirates National Oil Co. Ltd, disposed of 675.592 cubic metres valued at US$550,020 to Total Kenya Ltd on October 6, 2008, without the consent of the mortgagee. He and others before the court in ACC18/2009 conspired on November 24, 2008, to defraud Kenya Shell Ltd. of US$2,246,391.34 and Kes7,059,201.59 by purporting that Triton Petroleum Co. Ltd had 4,449.42 cubic metres of diesel held by Kenya Pipeline Co. (KPC) Ltd at the Kipevu Oil Storage facility available for sale on an unknown date between November 24 and December 30, 2008. They also conspired, on an unknown date between November 27 and 30, 2008, to defraud Engen Kenya Ltd of US$286,908.22 and Kes901558.31 by purporting that Triton Petroleum Co. Ltd had 567.36 cubic metres of diesel held by KPC Ltd at the Kipevu Oil Storage facility available for sale. They conspired, on an unknown date in November 2008, to defraud GAPCO Kenya Ltd of US$114,763.29 and Kes360,623.33 by purporting that Triton Petroleum Co. Ltd had 228.047 cubic metres of diesel held by KPC Ltd at the Kipevu available for sale. Within the same period, they defrauded two other companies of millions of shillings on the pretense that Triton Petroleum Company Ltd had volumes of cubic metres of diesel at KPC Ltd Kipevu depot available for sale. These included Hashi Empex Ltd, US$114,763.29 and Kes360,623.33, and Muloil Kenya Ltd, US$162,275.85 and Kes51,919.39. Between November and December 2008, they conspired to defraud Emirates National Oil Company (Singapore) Private Ltd 1,685.122 metric tons of aviation fuel shipped via MT Chang Jiang valued at US$1,683,915.07 by issuing false inventory of stocks held by KPC Ltd on Collateral Finance Account of Triton Petroleum Co. Ltd and Emirates Oil Company Private Ltd. In the same period, they also, through Triton Petroleum Co. Ltd, conspired to defraud the same company of 15,966.431 metric tons of diesel shipped via MT Summit Europe valued at US$1,4736,672 and 9,395.596 metric tons of diesel shipped via MT Overseas Primar valued at US$5,658,973.05 by issuing false inventory stocks by KPC Ltd on joint Collateral Finance Account of Triton and Emirates companies. Lastly, the court heard that Devani and others before the Court in ACC18/2009 jointly and with intent to defraud obtained US$1,040,000 from Petro Kenya Co. Ltd by pretending that Triton Petroleum Co. Ltd had an aggregate volume of 2,000 metric tons of diesel held at KPC Ltd at Kipevu depot available for sale. Devani was charged alongside Triton Petroleum Co. Ltd, where he was the director. The defense counsel, however, raised a preliminary objection against Devani taking a plea on behalf of the second accused as the company had since been placed under receivership. The prosecution countered by stating that no tangible evidence had been tabled to that effect. Court ordered to be furnished, within seven days, with leadership composition of the company as at end of the year 2009. The prosecution also opposed bail through an affidavit by the investigating officer. The State argued that the accused was a high flight risk, having sought asylum in the United Kingdom, where he stayed for about 15 years and challenged extradition. In a long-protracted argument, the defense put up a spirited fight to secure the release of their client on bond, arguing, among others, that their client was within his legal rights to challenge his extradition and that he had been a good citizen who cooperated with law enforcement since he returned to the country in January this year. They also argued that before the collapse of his business empire, he employed over 3000 Kenyans and was, at some point, a leading taxpayer. He is, they argued, a Kenyan citizen with only one passport. The court ordered a pre-bail report with a social inquiry on the accused to be filed within 7 days. It also ordered the accused to be remanded at Industrial Area Prison until August 19, 2024, when it will reconvene for a ruling on bond request and to issue other relevant directions.
Triton scandal mastermind finally cornered after 15 years on the run
5:08:2024: The Anti-Corruption Court Milimani has today granted Prosecution leave to detain Yagnesh Devani, the director of Triton Petroleum Company Limited, until tomorrow, when he will be formally charged in a Kes7.6 billion petroleum products scandal. EACC arrested Mr. Devani today pursuant to a warrant of arrest issued in 2009. The Commission investigated the allegations of irregular release of 126 million litres of petroleum products worth Kes7.6 billion by the Kenya Pipeline Co. Ltd to Triton Petroleum Co. Ltd in breach of a Collateral Financing Agreement involving Emirates National Oil Company (ENOC). Upon the conclusion of the investigations, several persons were charged on June 16, 2009, at the Milimani Anti-Corruption Court. However, Mr. Devani, the key suspect, fled the country and never took a plea. On 17 June 2009, the Commission obtained a warrant of arrest against him that remained in force. The trial against the other suspects proceeded to closure. In collaboration with the Directorate of Criminal Investigations, the Commission initiated extradition proceedings in August 2009 to bring back Mr. Yagnesh Devani from the United Kingdom to face charges leveled against him, which he challenged. All the cases in which he challenged his extradition were dismissed by the Apex Court in the United Kingdom vide Court of Appeal in Secretary of State for Home Department vs. Yagnesh Mohanlal Devani (2020) EWCA Civ 612, whose judgment was delivered on 7 May 2020. After 15 years as a fugitive, Mr. Devani was extradited to Kenya on 23rd January 2024 and charged in Milimani CMCR Case Number E072 of 2024 R v. Yagnesh Mohanlal Devani & Another. On January 29, 2024, the Commission wrote to the Director of Public Prosecution (DPP), recommending that Mr. Yagnesh Mohanlal Devani be charged separately. The Director of Public Prosecution (DPP) wrote to the Commission on July 25, 2024, with instructions to draft a fresh charge sheet for Mr. Devani’s prosecution. Consequently, on August 6th, 2024, the Commission arrested Mr. Devani and arraigned him.
Kitui EACC impersonators return to court
5:08:2024: The case for five Ethics and Anti-Corruption Commission (EACC) staff imposters arrested on July 19, 2024, in Kitui, will be mentioned at the Kitui Law Courts on August 12, 2024. Sheddy Kakai, Permelus Kasama, Joseph Musembi, David Bembe, and Police Corporal Anne Mutheu were arrested by police officers from Kitui Police Station after Roselyn Munyasya, the Kitui County Director of Revenue reported that people purporting to be officers from the EACC were making inquiries on alleged embezzlement of funds in the County Government. They were arrested while carrying out a search at the offices of the County Director of Revenue. Upon interrogation, they claimed to be officers from the EACC Nairobi office on official duty. They produced a search warrant purportedly from Milimani Law Courts and job cards named William Kirui Rono, Meshack K. Matina, and Mary Nzilani Mwaniki, allegedly designated Chief Executive Officers and Directors of Anti-corruption intelligence. The five were produced in court on July 22, 2024, where the Director of County Criminal Investigations Officer was granted leave by the High Court to hold them in custody without bond for seven days to investigate their identities as they had produced conflicting details on the same. They were arraigned on July 30, 2024, and charged with conspiracy to commit a felony, several counts of impersonating EACC investigators, conspiracy to commit a felony, abducting with intent to confine, forgery, uttering a false document, attempts to extort by threats, being in possession of suspected stolen property, and operating a private security organization without a valid license. The Court heard, among other accusations, that on June 19, 2024, at around 11:00 a.m., at the Kitui County Revenue offices, the five conspired, jointly and with common intention, to impersonate EACC investigators. The Court was also told that on the same date, Joseph Musembi alias Meshack Matina, Permenas Kasamba alias Christopher Okero, Ann Mutheu Ngovo alias Mary Nzilani Mwaniki, and David Bembe alias William Kirui Rono falsely represented themselves to the County Director of Revenue as Chief Executive Officers and Directors Anti-Corruption Intelligence investigating her of a corruption case. They were also accused of jointly and with common intention on the same date, conspiring to abduct and confine, and abducting with intent to confine Roselyn Kavata Munyasya. That on an unknown date and place, they made a search warrant purporting to be a genuine document issued by the Chief Magistrate Milimani Law Courts on July 17, 2024, which, with intent to extort, they fraudulently uttered to Ms. Munyasya. The court requested a pre-bail report against each accused before their admission to bail. The matter will be mentioned on August 12, 2024.