Garissa Governor to be charged on graft

03 Jul 2015 | by
Garissa Governor to be charged on graft

Garissa governor Nathif Jama Adan is among three governors who will be arraigned in court by Ethics and Anti Corruption Commission(EACC) next week on graft charges. EACC had referred the three governors investigation files to the Director of Public Prosecutions Keriako Tobiko among other files for perusal before recommending for their prosecution.

On Thursday afternoon, Tobiko recommended that EACC arraign the Garissa  governor to court over the county leasing of ambulances from a company opened by the Kenya Red Cross.

"EACC investigated the allegations and from the evidence recommended prosecution of the governor and other county officials for various criminal offenses including abuse of office, willful failure to comply with procurement regulations. Having independently reviewed the file, I agreed with EACC that there is sufficient evidence disclosed against the governor and other county officials and therefore prosecution should ensue as recommended," Tobiko said.

And in solidarity with the Garissa governor, the Council of Governors escorted him to Integrity Centre where he had been summoned before being processed for prosecution.

The case involves irregular leasing of ambulance services by the Garissa county government from Emergency Plus (EPlus) Medical Services Ltd, a company fully owned by the KenyaRedCross.

EACC declined to mention the other two governors scheduled to be charged this week saying it would compromise the case.

 In the same breath Tobiko recommended the prosecution of here Nyeri County government employees.

Tobiko recommended that James Mwangi Mainathe Nyeri County government Executive Secretary for Land and infrastructure, the county executive secretary for Finance and Economic planning and the Chief of Staff in the Governor's office be prosecuted for  irregular procurement of technical audit services from Pleng(K)Ltd.

"I have concurred with EACC to have the matter prosecuted as I'm satisfied that there is sufficient evidence of criminal culpability against the named county officials for abuse of office and willful failure to comply with procurement regulations," Tobiko recommended.

In other cases the DPP recommended for the prosecution of former Mumias Sugar Company Ltd manager Peter Hongo over the theft of 2780 bags of sugar belonging to the company.

The file had been referred to the DPP by the Director of Criminal Investigations Muhoro Ndegwa whose team had been probing the case that is among the many that are being blamed for the collapse of the leading  sugar factory in the country.

The DPP has also recommended that EACC further investigate irregular procurement of the structural cabling of the National Water Conservation and Pipeline Corporation (NWCPC) headquarter office block at the cost of Sh 41 million.

Although he recommended  the closure of the investigations against the suspended NWCPC acting managing director Evans Ngubuini on allegations that he employed unqualified staff, Tobiko recommended that EACC should investigate the cabling of the office.

"Having independently reviewed the file, I have noted that serious questions relating to the integrity and propriety of the procurement process for the structural cabling of the NWCPC headquarter office block  have not been addressed and have therefore directed EACCto carry out further investigation sand resubmit the file,"Tobiko said.

Tobiko has cleared Siaya senator James Orengo over allegations that he irregularly disposed of property L.R. 1870/1/217 in Westlands, Nairobi.

It had been alleged that Orengo irregularly disposed off the said property to a private developer in collusion with former Nairobi Mayor George Aladwa and a Mr Mabeya who was the then Commissioner of Lands.

The allegations went further that Orengo and Aladwa received a Sh 5 million bribeto facilitate the transfer of the said land.

EACC had recommended that there was no evidence to link Orengo with any criminal culpability and therefore recommended that the file be closed.

The land was registered in May 2006 long before Orengo was appointed as minister of Lands.

 The files are among four that were forwarded to the DPP by EACC on June 25th 2015. EACC had recommended the closure of two of the files for lack of evidence and e prosecution of two others.

Machakos governor Alfred Mutua went to court and obtained prohibitory orders to stop the EACC from prosecuting him over allegations of corruption but seven of his county government officials have been arraigned in court.

Tobiko also ordered for the closure of investigations into corruption allegations against Nyeri governor Nderitu Gachagua but has strangely recommended the prosecution of three Nyeri county government officials.

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