GAZETTE NOTICE NO. 499

pursuant to section 36 of ACECA. The report covers the Third Quarter and is for the period commencing 1st July 2020 to 30th September, 2020. INVESTIGATION REPORTS COVERING THE PERIOD 1ST JULY, 2020 TO 30TH SEPTEMBER, 2020 1. EACC/AT/INQ/25/2020 Inquiry into Allegations of Irregular Procurement and Fraudulent Payments in Relation to the Purchase and Supply of Covid-I9 Emergency Commodities at Kenya Medical Supplies Authority (KEMSA) by Public Officials that led to Irregular Expenditure of Public Funds Amounting to KSh. 7.8 Billion. The Commission commenced investigations following a report on irregularities on procurement of Covid-19 items by the Kenya Medical Supplies Authority (KEMSA). Investigations established that KEMSA did indeed procure COVID 19 items necessitated by the outbreak of the pandemic in the Country. Investigations established that KEMSA flouted the procurement laws and procedures as well as the public finance management procedures in the procurement of the Covid 19 items. Investigations revealed that KEMSA exceeded its available budget by about KSh.3.2 billion. Further investigations established that KEMSA had no real justification for use of the direct procurement method as much as it justified the same citing an urgent need for the stocks in question because suppliers who were issued with commitment letters to supply the items did not deliver within the stipulated period. Investigations revealed that much of the stocks delivered to KEMSA are still lying in the KEMSA stores Investigations further established that KEMSA did not get value for money in this procurement. It purchased the COVID 19 items at exorbitant prices and not within the prevailing market prices. On llth September, 2020, a report was compiled and forwarded to the DPP with recommendations to charge the Chief Executive Officer (CEO) KEMSA, Director Procurement, Director Commercial Services, Director Finance and Strategy, Finance Manager, the Personal Assistant to the CEO with the following offences; 4 counts wilful failure to comply with the law relating to procurement contrary to section 45 (2) (b) and 7 counts of abuse of office contrary to section 46 as read with section 48 ACECA, 1 count of unauthorised use of public money contrary to section 196 (1) as read with section 196 (6) of the Public Finance Management Act (PFMA), 1 count of entering into an obligation that has a financial implication for the National Government budget without authority contrary to section 196 (3) as read with section 196 (6) of PFMA, 1 count of assisting, facilitating, contributing to and being a party to the failure to comply with the obligations imposed by the PFMA, 2012 contrary to section 196 (7) of PFMA, I count of financial misconduct contrary to section 197 (1) (h), I count of financial misconduct contrary to section 197 (1) (1) and 1 count of financial misconduct contrary to section 197 (1) (o)(i) as read with section 199 of PFMA, 2 counts of neglect of official duty by a public officer contrary to section 128 of the Penal Code and 1 count of making a document without authority contrary to section 357 of the Penal Code. On 2nd October, 2020, the DPP returned the inquiry file for further investigations. Upon completion of further investigations, the Commission resubmitted the inquiry file to DPP on 22nd October, 2020. 2. EACC/FI/ENQ/74/2017 Inquiry into Allegations of Gross Misappropriation of Public Funds by the Governor, Migori County Government through his Designated Proxies and Employees of the County Government. Investigations by the Commission commenced following reports of gross misappropriation of public funds by the Governor, Migori County Government through his designated proxies and employees of the County Government. Investigations revealed that several companies run by the Governor's proxies and County employees received a total of KSh. 1,293,003,349.29 from Migori County Government for various supplies and services rendered. It could not be determined whether the tenders were lawfully awarded to these companies since the documents in support of the same were not available as they were allegedly burnt in a fire incident at the Migori County Offices. Financial investigations and mutual legal assistance requests further revealed that the companies after receiving the payments from the County Government, wired part of the same to the Governor's children's bank accounts. The monies were eventually used to pay for the Governor's children's school fees, upkeep and medical bills in Scotland, United Kingdom and Australia. Some of the monies were expended for the purchase of two Land Cruiser V8 motor vehicles. Investigations further revealed that one of the proxies, had bought a house worth KSh. 34,525,000/= on behalf of the Governor from the Kenya Power Pension Scheme and whose rents were received by the Governor's daughter. On 1st July, 2020, a report was compiled and forwarded to the DPP with recommendations to charge the Governor and the proxies with the following offences; 1 count of conspiracy to commit an offence of corruption contrary to section 47A and 7 counts of Conflict of interest contrary to section 42 (3) as read with section 48 of the ACECA, 4 counts of money laundering contrary to section 3 (h) (i) as read with section 16 of the Proceeds of Crime and Anti-Money Laundering Act, and 5 counts of unlawful acquisition of public property contrary to section 45 (1) (a) as read with section 48 of the ACECA. On 15th August, 2020, the DPP returned the inquiry file accepting recommendation for prosecution. 22nd January, 2021 3. EACC/PI/INQ/25/2020 Inquiry into Allegations of Irregular Procurement Irregularities and Embezzlements of Funds in the Procurement of a Fire Engine Tender No. Icg102112017-2018 at the County Government of Isiolo. The Commission commenced the investigation after receiving an allegation of procurement irregularities and bribery in the supply and delivery of a fire engine at the County Government of Isiolo (CGI) by Drescoll Limited at a cost of KSh. 58,560,0001=. Investigations established that the recommended bidder (Drescoll Limited) did not meet the minimum mandatory requirements as stipulated in the blank bid document issued to bidders. Investigations further established that under the criterion on experience and supply of goods of similar nature, Drescoll Limited did not have the requisite experience of supplying firefighting equipment yet it was awarded full marks by the Evaluation Committee members. Investigations also revealed that Drescoll Limited in submitting their bid had attached a falsified notification of award purporting that the said notification of award had been issued by the County Government of Samburu County. Investigations further established that the Accounting Officer failed to issue regret letters to the losing bidders as per the provisions of section 87 (3) of Public Procurement and Disposal of Assets Act (PPADA), 2015. Investigations revealed that the award contract signed between CGI and Drescoll Ltd made a provision of a 50% advance payment of the contract sum which was contrary to Section 147 of the PPADA, 2015. Furthermore, the provision of a 50% advance payment had not been stipulated in the blank bid document. A report was prepared and forwarded to the DPP on 28th September, 2020, recommending that the Director of Drescoll Limited, Drescoll Limited and Isiolo County Government Officials be charged with six counts of wilful failure to comply with the law relating to procurement contrary to section 45 (2) (b) as read with section 48 of the ACECA, one count of fraudulent practice in procurement proceedings contrary to section 66 (1) as read with section 177 of the PPADA, 2015, one count of uttering a false document contrary to section 353 of the Penal Code, one count of fraudulent acquisition of public property contrary to section 45 (1) (a) as read with section 48 (1) of the ACECA, one count of receiving a bribe contrary to section 6 (1) (a) as read together with section 18 (1) of the bribery Act, 2016, one count of abuse of office contrary to Section 46 as read with section 48 of the ACECA and one count of wilful failure to comply with the law relating to management of funds and incurring of expenditure contrary to section 45 (2) (b) as read together with section 48 of the ACECA. On 3rd December, 2020 the DPP advised that further investigations be carried out. 4. EACC/KSI/FI/INQ/9/2017 Inquiry Into Allegations of Payroll Fraud against Employees of the County Government of Homa Bay The Commission commenced investigations upon receipt of a report that there was financial fraud and abuse of office on payroll transactions at the County Government of Homa Bay. It was alleged that there were ghost employees and worker misclassifications leading to workers being paid multiple and inconsistent salaries in different bank accounts. Investigations established that payroll officers in the Department of Human Resource and Accountants colluded with various county employees and awarded them irregular and multiple salary payments. As a result of this fraud, a sum of KSh. 38,198.530.60 was irregularly and unlawfully paid as salary. A report was prepared and forwarded to the DPP on 12th August, 2020, with recommendation that the payroll officers, accountants and all the county officers who received the irregular salaries be charged with offences of abuse of office contrary to section 46 as read with section 48 (1) of ACECA, unlawful acquisition of public property contrary to section 45 (1) (a) as read with section 48 (1) of ACECA and willful failure to comply with the law relating to management of funds contrary to section 45 (2) (b) as read with section 48 (1) of ACECA On 28th September, 2020, the DPP returned the inquiry file for further investigations. EACCiATI ts«Q/2/2020 Inquiry inn= Allrgationi of Embezzle `e.: Funds Amounting to fah. 233 ,506.000 by Officials ot rite County Government of Garissa. The Commission commenced investigations following a repo« « that County Government of Garissa officials had embezzled KSh. 233,506,0001= being Wu« Id Bank Grant under Kenya Urban "rapport Program. Investigations revealed that Garissa County received KSh. 233,000,000 from World Bank being a grant meant for Kenya Urban Support Program (KUSP). The funds were to be administered and managed in accordance with laws and procedures governing financial management in Kenya. Investigations revealed that part of the funds were unlawfully diverted to Garissa County Health Donor Account, Garissa Water and Sewerage Company Limited and other accounts. This was in contravention of the Financial Operating Procedures that were issued in regard to the utilization of the grant. Investigations further revealed that the Governor, Garissa County who had the overall responsibility of ensuring proper management of the funds neglected his duty by failing to deposit the KUSP agreement executed by himself and the Minister for Transport and Infrastructure with the County Assembly Speaker. On 3rd September, 2020, a report was compiled and forwarded to the DPP with recommendations that the Governor, Chief Officer Finance, Head of Treasury, County Executive Officer Municipality, Head of Accounting Municipal be charged with conspiracy to commit an economic crime contrary to section 47A (3) as read with section 48(1) of ACECA, willful failure to comply with applicable procedures and guidelines relating to management of funds contrary to section 45(2((b) as read with section 48 (1) of ACECA, misappropriation of public funds contrary to section 198 (1) (b) as read with section 199 of the Public Finance Management Act, engaging in a project without prior planning contrary to section 45 (2) (c) as read with section 48 (1) of ACECA, abuse of office contrary to section 46 as read with section 48 (1) of ACECA. On 10th September, 2020, the DPP returned the inquiry file accepting recommendation for prosecution. 6. EACC/MSA/FI/INQ/3/2018 Investigations into Allegations of Irregular Allocation of Kenya Ports Authority Property Numbers Mombasa Island/Block XLVIII/145 and Mombasa Island/Blovk XLVIII/146 to a Mombasa Businessman The Commission commenced investigations following a report on 26th June, 2013 that property numbers Mombasa Island/Block XLVIII/145 and Mombasa Island/Block XLVIII/146 belonging to the Kenya Ports Authority had been irregularly allocated to a businessman by the then Commissioner of Lands without Kenya Port Authority's consent. Investigations revealed that the properties were allocated to the beneficiary through misrepresentation of facts to the Office of the Commissioner of Lands. However, the evidence gathered was not sufficient to support a criminal case. This is due to the fact that file reference no. 243943 which would have helped establish the officers culpable for the illegal allocation could not be traced from the Ministry of Lands, Lands Registry. The Commission has filed a recovery suit for the said properties at the Mombasa High Court and that the same was pending hearing and determination. On 1st July, 2020, a report was compiled and forwarded to the DPP with recommendation that the inquiry file be closed and the evidence obtained be used to support the recovery suit at Mombasa High Court. On 18th September, 2020, the DPP returned the inquiry file accepting recommendation for closure. 7. EACC/NYR/FI/INQ/26/2016 Inquiry Into Allegations of Irregular Procurement of Fencing Works Covering 46 Kilometres around Marmanet/Rumuruti Forest The Commission commenced investigations following a report indicating that Laikipia County Government officials had engaged in irregular procurement for works involving the construction of a 46 km electric fence around the Rumuruti/Marmamet Forest. Investigations established that the procurement for the works was done in accordance to the law save that the payment was effected without an inspection and acceptance certificate. On 8th July, 2020, a report was compiled and forwarded to the DPP with recommendation that administrative action be taken against trs ititrrs of the inspection and acceptance committee. On I Ith September, 2020, the DPP returned the inquiry file for further investigations. ti EACC/GSA/FI/20/20 I5 ittoity into Allegations of Misappropriation of Public Funds by Mandera County Government Officials by Inflating the Cost of Training Ceunty Enforcement Officers from KSh. 20 Million to KSh. 7.5 The Commission commenced investigations following a complaint that the Republic of Kenya had lost KSh. 55 million during the training of enforcement officers of Mandera County Government. Investigations established that in the financial year 2013/14 Mandera County Government had set aside KSh. 30,000,000/= for reef-tsars-in of enforcement officers. There was also a subsequent need of training these officers once recruited to enable them perform their &tins optimally. Investigations established that KSh. 20 million was used in the recruitment and training of the enforcement officers which was within the budgetary allocation. However, investigations established that, the D;rector of Enforcement, Mandera County Government could not account for a KSh. 940.0001= imprest he had been issued towards the exercise. A tryout was compiled and forwarded to the DPP on .10th SeptettiNr: , 2020, recommending that the file be closed. The Commissi.,ti will initiate recovery proceedings against the Dirocmr of Enfotovnient for the imprest. Awaiting DPP's response. EACC/GSAIFI/iNQ13/2013 imiairy into Allegations of Fraudulent Allocation of Garissa Municipality Block 111/59 whereby a Government House MG 17 was Oland a Plot irregularly Allocated to a Private Developer to the Deirftnent of the Government of Kenya The Commission commenced investigations after receipt of a complaint dated 22nd February, 2013 which alleged that Garissa MitMcipality Block 111/59 had been irregularly allocated to a private developer to the detriment of the Government of Kenya. Investigations established that part of Garissa Municipality Block 111/59 had been irregularly allocated to the said developer and a lease registered in his name. Investigations further revealed that the illegal allocation had been facilitated by public officers working at the Ministry of Lands, Housing and Urban Planning. A report was compiled and forwarded to the DPP on 1st July, 2020, with a recommendation that the private developer be charged with the offence of Fraudulent acquisition of public property contrary to section 45 (1) (a) as read with section 48 of the ACECA. Further recommendations were that the Ministry of Lands officials who facilitated the illegality be charged with 5 counts of abuse of office contrary to section 46 as read with section 48 (1) of the ACECA and one count of deceiving principal contrary to section 41 (2) as read with section 48 (1) of the ACECA. On 6th October, 2020, the DPP returned the inquiry file for further investigations. 10. EACC/FI/INQ/77/2015 Inquiry into Allegations that the National Treasury committed the Government to Sign a Recapitalization and Restructuring Agreement in Regard to Telkom Kenya (TKL) without Making Sure that there was Adequate Budgetary Provision The Commission commenced investigations following a report that the National Treasury committed the Government of Kenya (GOK) to sign a recapitalization and restructuring agreement without making sure that there was adequate budgetary provision. It was further reported that the Treasury failed to avail the Government balance of KSh. 2.4 billion six months after signing the agreement hence exposing the Government of Kenya to a loss of 10% stake in Telkom Kenya Limited from 40% to 30% shareholding. Further, it was alleged that there existed conflict of interest in the appointment of the Directors representing GOK in the restructuring and recapitalization of Telkom Kenya. Investigations established that the process of privatization was above board as there was no evidence of impropriety or culpability of the public officials involved in the process. A report was prepared and forwarded to the DPP on 22nd July, 2020, with recommendation that the investigation file on allegations on irregular privatization, conflict of interest and restructuring of TKL balance sheet be closed with no further action for lack of evidence in support. Awaiting DPP's response. 11. EACC/FI/INQ/51/2019 Inquiry into Allegations that the Government of Kenya's (GOK) Interests would not Be Safeguarded in the Proposed Merger Between Telkom Kenya Limited and Airtel Networks Limited The Commission commenced investigations following allegations that the Government of Kenya's (GOK) interests would not be safeguarded in the proposed merger between Telkom Kenya Limited and Airtel Networks Limited (Airtel). This was after the National Assembly's Select Committee on the Implementation Status of Public Investment Committee reports had recommended that the Commission investigates the same. No irregularities or infractions of the law were established in the merger process. The Commission also issued advisories to the relevant government institutions as a precautionary measure to ensure GOK's interests are protected as the merger process was in progress. On 22nd July, 2020, a report was compiled and forwarded to the DPP with recommendation that the inquiry file be closed with no further action. Awaiting DPP's response. 12. EACC/FI/INQ/64/2017 Inquiry into Allegations of Irregular Procurement and Bribery in the Award of a Security Contract in the Financial Years 2016/2017 and 201712018 Leading to a Loss of KSh. 60 Million to the Judiciary Investigations commenced following a complaint of irregular procurement and bribery in the award of a contract to Lavington Security Limited in the financial years 2016/2017 and 2017/2018 leading to a loss of KSh. 60 million to the Judiciary. Investigations did not reveal any evidence of bribery involving the public officials and the security company as alleged. Investigations further revealed that the Public Procurement and Assets Disposal Act, 2015 and the attendant regulations were adhered to save for challenges faced when several tenders were terminated for non-responsiveness. On 29th September, 2020, a report was compiled and forwarded to the DPP with recommendations that a comprehensive systems audit be conducted at the Judiciary in relation to procurement of security services and other critical services to avert similar challenges in future. Awaiting DPP's response. 13. EACC/ELD/FI/INQ/41/2017 Investigations into Allegations of Embezzlement of KSh. 11 Million from Chebororwa Agricultural Training Centre, Uasin Gishu County The Commission commenced this investigation on receipt of a complaint of unlawful withdrawal of funds from Chebororwa Agricultural Training Centre bank account held at KCB Bank Kapsowar. Investigations revealed that a former principal of the institution and a former accountant who were signatories to the account 22nd January, 2(721 THE KENYA GAZETTE 171 fraudulently withdrew cheques worth KSh. 11,493,OOOi= from the account between 23rd February, 2017 and 19th May, 2017. This was inspite of the said principal having been transferred to another institution. On 15th September, 2020, a report was compiled and forwarded to the DFP with recommendations that the former principal, former accountant and a businesswoman whose business was party to the frauJ charged with; Conspiracy to commit an economic crime contrary to section 47A (3) as read with section 48(1) of ACECA, misappropriation of public funds contrary to section 198 (1) (b) as read with section 199 of the Public Finance Management Act, abuse of office contrary to section 46 as read with section 48(1) of ACECA, fraudulent acquisition of public property contrary to section 45(1) as read with section 48 (1) of ACECA. On 13th November, 2020, the DPP returned the inquiry file for further investigations. 14. EACC/ISL/FI/INQ/54/2016 '--,,z4ififfiY AY:jos:ions of Abuse of Office by the Managing Hfiiirte* Of Metii County Investment and Development Corporation in the Tender for Renovation of Meru Hotel For KSh. 3.646,773.04 The Commission commenced investigations following a report that the Managing Director (MD) of Meru County Investment and Development Corporation (MCIDC) breached procurement laws in the tender for renovation of Meru Hotel for KSh. 3.646,773.04. Investigations established that at the time the procurement was initiated MCIDC did not have established procurement structures. The MD used to send procurement requests to the Meru County Government Procurement Unit to undertake the same. Investigations revealed that the procurement process commenced before the request by the MD. The request was made on 22/4/2015 yet tender opening was done on 19/4/2015 and evaluation on 20/4/2015. Investigations further revealed that the Head of Procurement, Meru County Government sent proposals to companies that were not pre- qualified. Further it was established that the evaluation criteria was not adhered to by the Evaluation Committee. On 12th August, 2020, a report was compiled and forwarded to the DPP with recommendation that the MD-MCIDC, Head of Procurement Meru County Government as well as the members of the tender opening and evaluation committees be charged with the offences of; abuse of office, willful failure to comply with the law relating to procurement contrary section 45 (2) (b) as read with section 48 (1) of ACECA and conspiracy to commit an offence of corruption contrary to section 47A (3) as read with section 48 (1) of ACECA. Awaiting DPP's response. 15. EACC/FI/INQ/71/2015 Inquiry into Allegations of Irregular Hire of a Private Jet for use by His Excellency the Deputy President on an Official Trip to Five West African Countries in May, 2013 Investigations commenced following a report of irregular hire of a private jet for use by His Excellency (HE) the Deputy President of the Republic of Kenya during a tour to West African countries. Investigations revealed that H.E the Deputy President was scheduled to make an official visit to Congo Brazzaville, Gabon, Nigeria and Algeria from 16th to 19th May, 2013. A former Chief of Staff at the Office of the Deputy President (ODP) requested the Secretary Administration, ODP to procure the jet for the urgent travel. Investigations further revealed that an Organizing Team formed to procure the jet considered the bids and awarded the tender to E-ADC who were the lowest responsive bidders at 18,564,000/=. Investigations revealed that procurement breaches were committed but this was largely due to the urgency of the trip. It was established that the trip was urgent and that it was practically impossible for the procurement to have met all the requirements of the Public Procurement and Disposal Act, 2005 within the time the travel was scheduled. Investigations revealed that no staff of ODP personally benefited from the award of the tender to E-ADC Limited. There was no loss of public funds as the Deputy President's trip had been sanctioned by the President. On 30th September, 2020, a report was compiled and forwarded to the DPP recommending that the inquiry file be closed with no further action. Awaiting DPP's response. 16. EACC/MSA/Ft/INQ/5/2019 Investigations into Allegations of Irregular Excision of a Public Access Road, Kwale Diani/Beach Block/1072 Valued at KSh. 30,000,0001= by a Private Company The Commission commenced investigations following a report that Galerius Investments Limited had illegally excised a public access road- Kwale Diani/Beach Block/1072 valued at KSh. 30,000,000/=. Investigations revealed that in the year 1994 a physical planner at the Ministry of Lands and Physical Planning, the then Commissioner of Lands and Galerius Investments Limited facilitated the illegal alienation of public access road, Kwale Diani/Beach Block/1072 between 23rd June 1994 and 10th August, 1994. On 12th August, 2020, a report was compiled and forwarded to the DPP with recommendations that the physical planner at the Ministry of Lands and Physical Planning, the then Commissioners of Lands and Galerius Investments Limited and its director be charged with; 3 counts of abuse of office contrary to section 101 as read with section 102A of the Penal Code, 3 counts of wilful neglect of official duty contrary to section 128 as read with section 36 of the Penal Code, 3 counts of aiding the commission of a felony contrary to section 128A of the Penal Code, 1 count of conspiracy to commit a felony contrary to section 313 of the Penal Code and 1 count of obtaining by false pretence contrary to section 313 of the Penal Code. Awaiting DPP's response. 17. EACC/ELD/INQ/FI/08/2017 Inquiry into Allegations that Nandi County Government Paid KSh. 41 Million for Road Construction and Spot Improvement of Kolong Bridge—Kakesengin Road yet Works were not Done The Commission commenced investigations following a report alleging embezzlement and/or misappropriation of funds by officers of the Nandi County Government. It was reported that a company namely; Glova Ventures Limited was paid KSh. 4.2 million for road construction and spot improvement of Kolong Bridge—Kakesengin Road yet works were not done. Investigations revealed that Kalong Bridge-Kapkesingin Road is part of the larger Kamobo—Kapkesengin—Kolong Road which falls under the mandate of KeRRA. Investigations further established that in the Financial Year 2014/2015, 2015/2016 and 2016/17 KeRRA undertook the spot improvement and routine maintenance of the Kolong Bridge— Kapkesengin Road through other contractors. Investigations thus established that Nandi County Government Officials led by the Head of Procurement carried out a fictitious procurement for the improvement of the same road which works had already been carried out by KeRRA. The County officials conspired with Glova Ventures who received payments for no works done. On 9th September, 2020, a report was compiled and forwarded to the DPP with recommendations that the acting Chief Officer, Department of Transport and Infrastructure, Head of Supply Chaim Management, Nandi County Roads Inspector, Glova Ventures and Directors, Glove Ventures be charged with conspiracy to commit an economic crime contrary to section 47A (3) as read with section 48 (1) of ACECA, abuse of office contrary to section 46 as read with section 48 (1) of ACECA, fraudulent payment from public revenue for services not rendered contrary to section 45 (2) (a) (iii) as read with section 48 (1) of ACECA, deceiving principal contrary to section 41 (2) as read with section 48 (1) of ACECA, uttering a false document contrary to section 353 of the Penal Code, fraudulent acquisition of public property contrary to section 45 (1) as read with section 48 (1) of ACECA; dealing with suspect property contrary to section 47 (1) as read withs 48 (1) of ACECA. On 3rd November 2020, the DPP returned the inquiry file for further investigations. 172 THE KENY A GAZETTE 22nd January, 2021 18. EACC/MCKS/FI/INQ/10/2017 Investigations into Allegations that the MCA Imaroro Ward, in Kajiado County Influenced Irregular Re-Allocation of KSh. 5,000,0001= Meant for Equipping of Enkosero Water Project to Drilling of Oreteti/Arroi Community Borehole Project in the Financial Year 201412015 The Commission commenced investigations following a report that the MCA Imaroro Ward in Kajiado County influenced irregular re- allocation of KSh. 5,000,0001= meant for equipping of Enkosero Water Project to drilling of Oreteti/Arroi Community Borehole Project in financial year 2014/2015. Investigations revealed that the money allocated for Enkusero- Arroi water project was not diverted to Oreteti Water Project. There was no loss of funds. Investigations however revealed that the method of procurement used for the works was request for quotation. The works were above KSh. 2,000,000/= allowed by the threshold matrix for Class A procuring entities, On 12th August, 2020, a report was compiled and forwarded to the DPP with recommendations that an advisory be issued to the County Government of Kajiado on the importance of ensuring that they adhere to the threshold matrix set out in the first schedule of the Public Procurement and Disposal Regulations, 2006. Awaiting DPP's response. 19. EACC/MLD/FI/INQ/13/2015 Inquiry into Allegations of Irregular Tendering Process for Re- Roofing of Ten Classrooms at Matandoni Primary School The Commission commenced investigations following a report that the Lamu West Member of Parliament had irregularly awarded tender number CDF/LW/2013-2014 for reroofing of ten Matondoni Primary School classrooms to Dynatech General Suppliers. Investigations established that the procurement for the works was not done in accordance to the law. The tender opening committee was not constituted while evaluation was conducted by only two people. On 8th July, 2020, a report was compiled and forwarded to the DPP with recommendation that the Fund Account Manager, Lamu West Constituency and two others be charged with two counts of willful failure to comply with the law relating to procurement contrary section 45 (2) (b) as read with section 48 (1) of ACECA, one count of abuse of office contrary to section 46 AS read with section 48(1) of ACECA, one count of conspiracy to commit an offence of corruption contrary to section 47A (3) as read with section 48 (1) of ACECA and one count of uttering a false document contrary to section 353 of the Penal Code. On 21st October, 2020, the DPP returned the inquiry file for further investigations. 20. EACC/NKR/EL/INQ/15/2016 Inquiry Into Allegations of Forgery by a Procurement Officer at County Government of Bomet The Commission commenced investigations upon receipt of a report on 13th September, 2018 that a Procurement Officer at County Government of Bomet had forged a Master's Degree certificate from Egerton University which he presented during an interview for the position of Assistant Director Supply Chain Management on 31st July, 2018. Investigations established that the Procurement Officer indeed attempted to obtain employment for the position of Assistant Director, Supply Chain Management on 31st July, 2018. Egerton University confirmed that the Business Administration (Marketing) degree certificate the officer had presented to the Bomet County Public Service Board was not genuine and had not been issued by the University. A report was prepared and forwarded to the DPP on 1st July, 2020 with recommendation that the Procurement Officer be charged with; one count of deceiving a public entity contrary to section 46 (1) (h) as read with section 46(2) of the Leadership and Integrity Act, one count providing false information to public entity contrary to section 46 (1) (d) as read with section 46 (2) of the Leadership and Integrity Act, one count of making false statement to principal contrary to section 41 (1) as read with section 48 of ACECA, one count of giving false information to principal contrary to section 41 (1) (2) as read with section 48 of ACECA, one count of forgery contrary to section 349 of the Penal Code and one count of uttering a false document contrary to section 353 of the Penal Code. On 21st October, 2020, the DPP returned the inquiry file accepting recommendation for prosecution. 21. EACC/EL/INQ/2/2014 Inquiry into Allegations that the then Garissa County Women Representative Hon. Shukran Hussein Gure held Dual Citizenship The Commission commenced investigations upon receipt of a report that the then Garissa County Women Representative was an American citizen by virtue of her holding a USA Passport hence held dual citizenship. Investigations established that then Garissa County Woman Representative held Kenyan identity card as well as Kenyan Passport. Additionally, she held an American Citizen Passport. Her travel history revealed that she used the American passport to enter and depart Kenya between 09.12.2008 and 06.07.2012. Investigations established that given that she held dual citizenship, she was not eligible to contest or hold the seat. She lost the seat in the year 2017 General Elections. A report was prepared and forwarded to the DPP on 12th August, 2020 with recommendation that the matter be referred to the Immigration Services Department for further action. Awaiting DPP's response. 22. EACC/MSA/EL/INQ/09/2019 Inquiry Into Allegations of Conflict of Interest against Deputy Elections Manager, Kinango Constituency The Commission commenced investigations following receipt of a complaint on 12th October, 2017 that the Deputy Elections Manager, Kinango Constituency had been awarded a tender by the Interim Electoral Boundaries Commission (IEBC) through one of his companies. Investigations established that the suspect was employed by IEBC on a contractual basis from 29th May. 2017 to 15th August, 2017. As an employee his company was not qualified to apply for the tender. Investigations further revealed that the company submitted fake documents hence engaged in fraudulent procurement practice. On 30th September, 2020, a report was compiled and forwarded to the DPP with recommendations to charge the suspect with the following offences; Fraudulent practice in procurement proceedings contrary to section 176 (1) (i) as read with section 176 (2) of the Public Procurement and Asset Disposal Act, 2015, conflict of interest contrary to section 42 (3) as read with section 48 of the ACECA, Fraudulent acquisition of public benefit contrary to section 45(1) (a) as read with section 48 of the ACECA, forgery contrary to section 349 of the Penal Code, uttering a false document contrary to section 353 as read with section 349 of the Penal Code. The Commission will also institute recovery proceedings of KSh. 14,893,857.76 paid to the suspect. On 7th December, 2020, the DPP returned the inquiry file accepting recommendation for prosecution subject to further investigations carried out. 23. EACC/MLD/EL/INQ/5/2017 Investigations into Allegations that an Assistant Secretary in the Department of Health in Tana River County Government Held Two Public Positions Investigations commenced following a report received at the Commission alleging that an Assistant Secretary in the Department of Health in Tana River County Government held a Clerk job at the National Registration Bureau. Investigations established that the Officer held the two full times public jobs between 1st March, 2017 to 15th March, 2017 in breach of section of 26 of the Leadership and Integrity Act. Investigations further revealed that the officer earned a cumulative gross salary of KSh. 147,960.00 irregularly from Tana River County Government. 22nd January, 2021 THE KENYA GAZETTE 173 On 30th September, 2020, report was compiled and forwarded to the DPP with the recommendation that administrative action be taken against the officer. The Commission will also initiate recovery process in respect of the irregularly earned salary. On 10th November, 2020, the DPP accepted the Commission's recommendation for administrative action. 24. EACCTEL/INQ/8/2017 An Inquiry into Allegations of Irregular Recruitment and Unethical Conduct Against the Clerk County Assembly of Nyamira Investigations commenced following a complaint that the Clerk to the County Assembly of Nyamira had been irregularly and unlawfully hired. It was further reported that he was using the County Assembly's vehicle and drawing commuter allowance at the same time. Investigations established that County Assembly Service Board (CASB) of Nyamira advertised for the position of Clerk to the County Assembly. Investigations revealed that after interviews the suspect was not among the three top candidates recommended for the post. CASB nevertheless forwarded his name to the county assembly who approved his appointment. From investigations, the CASB members abused their office by recommending the suspect contrary to the recommendations of the interviewing panel. A report was compiled and forwarded to the DPP on 30th September, 2020, with recommendation to charge the members of CASB and the Clerk of the County Assembly with abuse of office contrary to section 46 as read with section 48 of the ACECA and failing to comply with a written notice to provide information/documents contrary to section 27(3) as read with section 27(4) of the ACECA, respectively. Awaiting DPP's response. 25. EACC/ELD/EL/INQ/06/2018 Inquiry into Allegations that an Employee of NHIF Fraudulently Used Her NHIF Card to Cause Treatment of a Non-Beneficiary The Commission commenced investigation following a report that an employee of NHIF based at Kapsabet had promised to assist the complainant obtain medical treatment as a dependent using her NHIF medical cover in return for a benefit to be agreed on if the complainant's treatment was approved and undertaken. Investigations established that the NHIF employee included the complaint as a beneficiary in her NHIF medical cover when they were cohabiting. The two later fell out and the complaint made the subject report. Investigations did not reveal any ethical offence on the part of the employee. On 30th September, 2020, a report was compiled and forwarded to the DPP with recommendation that the file be referred to NHIF for investigation of insurance fraud. On 10th November, 2020, the DPP advised that further investigations be carried out. 26. EACC/OPS/INQ/46/2020 Inquiry into Allegations that the Manager Legal Services at the Agricultural Finance Corporation had Demanded for a Financial Advantage from a Loan Beneficiary so as to Facilitate Waiver of a Loan The Commission commenced investigations following a report received on 18th May, 2019 that the Manager Legal Services at the Agricultural Finance Corporation had demanded for a Kshs 3.5 million financial advantage from a loan beneficiary so as to facilitate waiver of the loan. On 20th May, 2020 a trap operation was planned and executed leading to the arrest the suspect. Investigations established that the Legal Manager requested and received a KSh. 3.5 million bribe. A report was prepared and forwarded to the DPP on 30th September, 2020, that the officers be charged with 3 counts of receiving a bribe contrary to section 6 (1) as read with section 18 (1), (2) of the Bribery Act, 2016. Awaiting DPP's response. 27. EACC/MSA/OPS/INQ/22/2019 Inquiry into Allegations of Offering a Financial Advantage of KSh. 1,000,000 to an EACC Investigator so as to Compromise Investigations over Allegations of Corruption in the Construction of the New Kipevu Oil Terminus at the Kenya Ports Authority The Commission commenced investigations following a report that the suspects had offered an EACC investigator a bribe of KSh. 1,000,000 so as to compromise investigations over allegations of corruption in the construction of the New Kipevu Oil terminus at the Kenya Ports Authority. On 29th April, 2019, a trap operation was planned and executed leading to the arrest the suspects. Investigations established that the suspects offered and gave an EACC Officer a KSh. 1,000,0001= bribe. A report was prepared and forwarded to the DPP on 30th September 2020 recommending that the suspects be charged with offering a bribe contrary to section 5 (1) as read with section 18 (1), (2) of the Bribery Act, 2016 and knowingly transporting proceeds of crime contrary to section 7 as read with section 16 (1) (a) (b) of the Proceeds of Crime and Anti-Money Laundering Act. The Commission further recommended asset forfeiture proceedings for the recovered KSh. 1,000,000/= being proceeds of crime. Awaiting DPP's response. 28. EACC/ELD/OPS/INQ/20/2019 Inqury into Bribery Allegations against Two Employees of the Kenya Revenue Authority Based at Lodwar The Commission commenced investigations following a complaint that two employees of the Kenya Revenue Authority, Lodwar had requested for a KSh. 60,0001= bribe from the complainant, a beer depot operator so has to allow him continue carrying out the business without the necessary licences. On 11th October, 2019, a trap operation was planned and executed. Investigations established that the KRA officers demanded for and received a financial advantage. Investigations also established that one of the officers had registered a Mobile phone number and M-Pesa line using another person's National Identity Card and through which he was communicating and receiving monies from members of the public. A report was prepared and forwarded to the DPP on 1st July, 2020, with recommendation that the KRA Officers be charged with three counts of receiving a bribe contrary to Section 6(1) as read with section 18 (1) and (2) of the Bribery Act, 2016 and one count of identity theft and impersonation contrary to section 29 of the Computer Misuse and Cybercrimes Act, 2018. On 2nd September, 2020, the DPP returned the inquiry file recommending that further investigations be carried out. 29. EACC/K1S/OPS/INQ/3/2019 Investigations into Allegations of Corruption against Employees of Kenya Revenue Authority Based at Isebania Border The Commission commenced investigations following a complaint that on 19th November, 2019 two employees of Kenya Revenue Authority at the Isebania Border Station had requested for a KSh. 100,000/= bribe from the complainant a long-distance transport operator so has to return his truck's number plates which they had confiscated for undisclosed offences at Isebania Border. On 21st November, 2019 a trap operation was planned and executed leading to-the arrest of one of the officers. The other officer was arrested at a later date. Investigations established that the KRA officers demanded for and received a financial advantage. A report was prepared and forwarded to the DPP on 8th July, 2020 with recommendation that the KRA Officers be charged with four counts of receiving a bribe contrary to section 6 (1) as read with section 18 (1) and (2) of the Bribery Act, 2016. On 4th September, 2020, the DPP returned the inquiry file for further investigations. 30. EACC/MCKS/OPS/INQ/65/2017 Inquiry into Allegations of Receiving and Requesting for a Bribe by an Officer at Mwala Water and Sanitation Company The Commission commenced investigations following a complaint that a plumber attached to Mwala Water and Sanitation Company had requested for a KSh. 50,0001= bribe from the complainant so has to reconnect the water supply he had disconnected from the complainant's land. On 6th October, 2017, a trap operation was planned and executed. Investigations established that the plumber demanded for and received a financial advantage. A report was prepared and forwarded to the DPP on 1st July, 2020 with recommendation that the Plumber be charged with three counts of receiving a bribe contrary to section 6 (1) as read with section 18 (1) and (2) of the Bribery Act, 2016. On 10th August, 2020, the DPP returned the inquiry file for further investigations. 31. EACC/NKR/OPS/INQ/760/563/2019 Inquiry into Allegations of Receiving a Benefit against National Transport and Safety Authority Motor Vehicle Inspectors The Commission commenced investigations upon receipt of a report indicating that NTSA motor vehicle inspectors at the Nakuru Office were demanding a benefit of KSh. 100,000 from the complainant so as to facilitate release of registration number plates for a lorry registration number KBK 846E. On 13th September, 2018, a trap operation was planned and executed. Investigations established that the NTSA officers demanded a KSh. 100,0000/= bribe and received a KSh. 20,000/= financial advantage. A report was prepared and forwarded to the DPP on 1st July, 2020 with recommendation that the DCI officer be charged with three counts of receiving a bribe contrary to section 6 (1) as read with section 18 (1) and (2) of the Bribery Act, 2016. On 30th July, 2020, the DPP returned the inquiry file for further investigations. 32. EACC/NKR/OPS/26/2018 Inquiry Into Allegations of Receiving a Benefit against Officials of Nakuru Water Sewerage Company (NAWASCO) The Commission commenced investigations upon receipt of a report on 22nd November, 2018 by the complainant, a real estate agent, that some officials of Nakuru Water Sewerage Company (NAWASCO) were soliciting KSh. 30,000/= from him in order to return a water metre they had disconnected from his land on allegation that there was an illegal connection. On 22nd November, a trap operation was planned and executed. Investigations established that the two NAWASCO officers demanded for and received KSh. 30,000/= financial advantage. A report was prepared and forwarded to the DPP on 1st July, 2020 with recommendation that the two NAWASCO officers be charged with three counts of receiving a bribe contrary to section 6 (1) as read with section 18 (1) and (2) of the Bribery Act, 2016. On 8th October, 2020, the DPP returned the inquiry file accepting recommendation for prosecution. 33. EACC/MCKS/OPS/31/2019 Investigations Into Allegations of Bribery, against a Police Officer Attached to Mutomo Police Station The Commission commenced investigations following a complaint that a police officer attached to Mutomo Police Station had requested for a financial benefit of KSh. 40,000/= to facilitate the withdrawal of a case against the complainant at Mutomo Law Courts. On 21st November, 2019, a trap operation was planned and executed leading to the arrest the officer. Investigations established that the police officer solicited for and received a financial advantage of KSh. 40,0001= from the complainant. A report was prepared and forwarded to the DPP on 12th August, 2020, with recommendation that the officer be charged with two counts of receiving a bribe contrary to section 6 (1) as read with section 18 (1) and (2) of the Bribery Act, 2016. On 8th October, 2020, the DPP returned the inquiry file accepting recommendation for prosecution upon the addressing a few issues. 34. EACC/MCKS/OPS/43/2017 Investigations into Allegations of Bribery against Former MCA, Mumbuni Ward The Commission commenced investigations following a complaint that former MCA Mumbuni Ward had directed police officers at Machakos Police station to demand a KSh. 50,000 bribe from the complainant so as to release his lorry. The complainant alleged he had sent the same to the former MCA through M-Pesa. Investigations established that the complainant had sent the former MCA KSh. 50,0001= through M-Pesa. This was after the complainant's lorry was detained after being found illegally harvesting sand in the MCA's farm. The said money was meant to compensate the former MCA who eventually withdrew the complaint. The complainant's lorry was released pursuant to the agreement. A report was prepared and forwarded to the DPP on 12th August, 2020 with recommendation that the file be closed as there was no evidence to prove bribery allegations. On 5th October, 2020, the DPP accepted our recommendation for closure. 35. EACC/MLD/OPS/INQ/12/2018 Investigation into Allegations that a DCI Police Officer Requested for a Bribe from the MCA Kakayuni Ward in Order to Exonerate Him from Culpability in a Murder Case He was Investigating The Commission commenced investigations following a complaint from the MCA Kakayuni Ward that a Directorate of Criminal Investigations Officer had requested for a KSh. 2,000,000/= bribe from the complainant so has to exonerate him from culpability in a murder case he was investigating. On 10th July, 2018, a trap operation was planned and executed. Investigations established that the DCI officer demanded for a KSh. 2,000,000/= bribe and received a KSh. 20,0001= financial advantage. A report was prepared and forwarded to the DPP on 1st July, 2020 with recommendation that the DCI officer be charged with three counts of receiving a bribe contrary to section 6 (1) as read with section 18 (1) and (2) of the Bribery Act, 2016. On 1st September, 2020, the DPP advised that the inquiry file be closed. 36. EACC/OPS/INQ/163/2019 Inquiry into Allegations of Bribery against Employees of the National Police Service. The Commission commenced investigations following a report on 4/10/2019 by the complainant the owner of motor vehicle registration number KBP 096E, a public service vehicle that a Traffic Police Officer had demanded from him a bribe of KSh. 5000/= so as to release his driver's Driving Licence as well as the insurance sticker for his vehicle which the officer had confiscated after a traffic accident. On 18th October, 2019, a trap operation was planned and executed leading to the arrest the officers. Investigations established that the officers requested and received a KSh. 3,000/= bribe. A report was prepared and forwarded to the DPP on 30th September, 2020, that the officers be charged with receiving a bribe contrary to section 6 (1) as read with section 18 (1), (2) of the Bribery Act, 2016 and conspiracy to commit an offence of corruption/an economic crime contrary to section 47 (a) (3) as read with sections 48 (1) of ACECA. Awaiting DPP's response. 37. EACC/KSM/OPS/INQ/5/2018 Inquiry into Allegations of Corruption against Officer Commanding Malaika Police Station The Commission commenced investigations following a report on 3rd September, 2020, by the complainant the operator of Soweto Bar and Restaurant in Shimanyiro, Ikolomani that Officer Commanding Malaika Police Station, had demanded from him a bribe of KSh. 22nd January, 2021 THE KENYA GAZETTE 5,0001= so as to release his business licence and alcoholic drinks which the officer had confiscated. On 13th September, 2018, a trap operation was planned and executed but the complainant was arrested and locked up. Investigations established that the officer requested a KSh. 11,0001= bribe. A report was prepared and forwarded to the DPP on 30th September, 2020, that the officer be charged with receiving a bribe contrary to section 6 (1) as read with section 18 (1), (2) of the Bribery Act, 2016, obstruction contrary to section 66 (1) (A) as read with section 66 (2) of ACECA and abuse of office contrary to section 46 as read with section 48 of the ACECA. On 10th November, 2020, the DPP advised that further investigation be carried out. 38. EACC/KSM/OPS/INQ/ 8/2018 Inquiry into Allegations of Corruption against Officer Commanding Nzoia Police Station The Commission commenced investigations following a report on 29th October, 2018, from the complainant, wife to a suspect who had been booked at Nzoia Police Station for theft that the Officer Commanding Nzoia Police Station, had demanded a bribe of KSh. 30, 000/= so as to release the suspect. On 30th October, 2018, a trap operation was planned and executed leading to the arrest of the OCS. Investigations established that the OCS had requested for the bribe but disguised it as cash bail as captured in the transcripts. A report was prepared and forwarded to the DPP on 30"' September 2020 recommending that the OCS be subjected to administrative action under the National Police Service Act. On 1 I th November, 2020, the DPP advised that further investigation be carried out. 39. EACC/MCKS/OPS/1/2020 Investigations into Allegations of Bribery against Assistant Chief, Mateteni Sub-Location in Kangundo The Commission commenced investigations following a complaint that Assistant Chief, Mateteni Sub-location in Kangundo had requested for a KSh. 3,000/= bribe from the complainant so as finalize a case she had lodged before her. On 9th January, 2020, a trap operation was planned and executed leading to the arrest of one of the officers. The other officer was arrested at a later date. Investigations established that the Assistant Chief received KSh. 3000/= from the complainant. The same was however a fine owed by the complainant's mother to anot;Lher resident. A report was prepared and forwarded to the DPP on 12th August, 2020 with recommendation that the inquiry file be closed without further action. On 24th September, 2020, the DPP accepted our recommendation for closure. 40. EACC/MSA/OPS/10/2019 Investigations into Allegations of Bribery against the Chief Mwereni, Location The Commission commenced investigations following a complaint that the Chief, Mwereni Location had corruptly received a KSh. 3,000 bribe from the complainant so as to adjudicate over a land dispute. On 21st November, 2019, a trap operation was planned and executed leading to the arrest of the officers. Investigations did not establish whether the chief corruptly requested and received a KSh. 3,000/= bribe. A report was prepared and forwarded to the DPP on 12th August, 2020. with recommendation that the file be closed. On 21st October, 2020, the DPP accepted our recommendation for closure. STATISTICAL SUMMARY OF FILES FORWARDED TO THE DIRECTOR OF PUBLIC PROSECUTIONS 1. Total No. of files forwarded to the Director of Public Prosecutions 2. No. of files recommended for prosecution 25 3. No. of files recommended for administrative or other action 4. No. of files recommended for closure 8 5. No. of files recommended for prosecution and the cases are already lodged before Court 6. No. of files where recommendation to prosecute accepted 6 7. No. of files where recommendation for administrative or other action accepted 8. No. of files where recommendation for closure accepted 4 9. No. of files returned for further investigations 15 10 No. of files where recommendation to prosecute not accepted 11 No. of files where recommendation for administrative or other action not accepted 12 No. of files where closure not accepted 0 13 No. of files where prosecution declined but administrative action recommended 14 No. of files awaiting the DPP's advice 13 Dated the 11th January, 2021. ARCH. (RTD) ELIUD WABUKALA, Chairperson. TWALIB MBARAK, Secretary/CEO. PTG 1390/20-21