GAZETTE NOTICE NO. 15438

Pursuant to the foregoing, the Commissioner for Co-operative Development reinstates TEE Fanners Co-operative Society Limited CS/2329 (Imre= Mewed to as the Society) to full registration as truck. Dated the 28th November, 2016. PHILIP N. °CHUM, MR/2483103 Ag. Commissioner for Co-operative Development. GAZET1E ItioncE No. 10042 THE COOPEIRATIVE SOCIETIES ACT 490) INQUIRY ORDER WHOREAS I have ma spy own merle!, decided that as Inquiry be Mkt rote the- (i)by-inws; (ii)westing and *uncle conditions; and (iii)the conduct of the management commitee, and past or porgent Istembers or offices of United Nations Sacco Society Ltd. (CS/2375) and in accordance with section 58 as mad teggether with notion 73 4 the Cooperative Societies Act,Csp. 490. Irma Kenya. Now 41101COME, I autherim (1) Mr. POOP A. KOtemmmt Senior Ce-eltermeme Officer. UM. (2) Mr. Anthony M. Waithaka, Principal Co-caperaive Audio& Muraega County to hold an Inquiry within (10) days at math place and time as may be expedient and duly notified by them. The mention of all office= and Mieellierl of die Society is directed to the following Sections of the Co-operative Societies Act. Section 60(1) Cost of Inquiry Section 613(2) Recovery of Costs of Expenses Section 94 Offences Section 73 Surcharges Dated the MO November, 2016. PHILIP N. CriCHUKI, 33150 Ag. Cemorlegioner for Co .operative Development. GAZIEZTE Nonce No. 16043 ANTICORRUPTION AND 'ICS CRIMES ACT, THE ETHICS AND ANTICORRUPTION ODMMISSION THE TraittrQUAMilletAr RERCARTCOYERThiG THE PFAIOD 1ST JULY, 2066.1$0 Met SEIPTEMBEtt, 2016 Prewar* The Enures mod Amli-Conartion Commission is required under section 36 sif the AnfiConartion red Economic Crimes Act, 2003, to prepare gamterly reports sett* out the mother of repeats made to the Director of Mille PIONNOVI6111116 girl) under section 35 of the Anti- Conniption and Eattemnic Crimes Set, 2003 as read gra section 11(1) 44 *lithe Tibias and Arati-Correption Commission Ael, 2011. Section 36 provides ghat 1.The Commission that roman quarterly reports setting out the number of reports made to the Director of Public Protractile= under section 35 and such other statistical information miming to those repasts, as the Commission considers mpropriate. 2.A quarterly report dill indicate if a orogemgmailaisa of the Commission to prosecute a mown for teenqiion or economic crime was accepted or not accepted. 3.The Cornaristrion thail give a =prof each quartet* report to the AttomerGenerat 4.The Ainassey Genoa dui by a copy of each waste* rept= beim gbe Nokosol Assemb 3. The Comulatios filial =use each easartedy arm to be golblidred is Abe Gazette. This report is therefore made pursuant to section 36 of the Anti- Criterion aid Economic Crimes Act, No. 3 of 2003. The report covers the Third Quieter sod is for the period commencing tat July, 2016 to 306 September, 2016. EACOISUFMNQ/113/2015 *airy ivato Aftiosions o firrevia0 Essiskaymost of In the CijIce aft& Governor; hie& Canty The EACC cocas eaterid inwatiplinas on oseeiptof Awns= of in omployonegi of stiff in the disc of the Clevenger. laic& Camay. litiesigelloms orsonled that the Dostemery the soling and anbilmise Comily Semethries of the Mists Comety Gosimuneot employed clews peongras to the County wilbout avolvitg the County Pith& Service Road in Mars of section 74 of the Cosvey Government Act, No. 17 42012. A report was compiled and forwarded to the Director of Public Prosecutions (DPP) on 1st July, 2016 reconuncatfing that the Governor, the then acting and substantive County Secretaries of the County Government be charged separately with the offence of abuse of office contrary to section. 46 as read with section 48 (1) of the Anti- Comiption and Economic Crimes At, 2003. On 11th October, 2016. fire DPP retained the file foe *ether ivestimations. EACanarkill/2014 foquiry Allwrions of Bribery *OW Alemtrem ilhe Parliamentary Departmental Coomilitne as Apohmilime, Limns* mei Co-operatives EACC commenced invesigatiano MO arcs* of * omit alleging the fanner Mara rig Director of Mum= Sugar Company Ltd had bribed me firers of Parliamentary Departmental Committee on Agriculture, livestock and Co-operatives that had been aniseed the task to imesfigate the cause(s) of gardens hadarillitte dm sugar industry with a view to compiling a favonalble repart. InverrigMions revealed no evidence to suppott the said claim against the fernier lionnsies Director. A septet ems compikel and fogramated to the OPP on 1st July, 2016 fe001111111141116111 in the *may fide be closed for lack of cvlpatory miasmic. Om 17* *WO, 2016. the DPP accepted the recommendation that the file be closed wills no finder EACCAMSAIRANO04/2014 Looptiry into Allgairws *Irregular Procurement of KPA Tender No. 11712013-14ITE for Design. Aitatriactsinn g, Commissioning and Templyof Anse (I) Ships to Shore Gantry Cranes EittiCC nommencell inveetisonens men receipt of a complaint that Kenya Potts Authority (KPA) iwegularly awarded the tender for design., agsauthelming, installation, supply and commissioning of three (3) ships to shore many wanes to a company that was allegedly not the most regressive bidder. liwaggigiatirms estalifithed that KPA followed the law in the pageorenatat proems and resibandy awarded this wader to the arooessed bidder. bwratiptions further established that one distatishil bidder snow eseiefilly challetmed the subject award both at the Public Peocamment Adminialtetive Review Board and the High Coact ofKcnya. A awn was compiled and faismoded to the DPP on Mr My, 2016 ancoomasing *at the ism* fife be dosed wilt as bike action for brk ofairegasymideoce. Os Mt Detriber. 2016. doe DPP mks' nil Mum rOT turiber Owealcitions EACC/PRIMIQ/50920113 Impiry full Allettions OW Are Chief irom,tine *Veer of South Doessnito Devekprome And qtr Collimiso nil Board liessihere Sehommil to Orrjhesol One Find Oh. 110.9 Mahon hennas Feirmary, I awl Apni ZOIS bismolcon ass sessoletl AIM doe actim Cbief Ermeatime Mawr (CEO) elf Yet* Entespolige Diaz lime Fold Om" 6t Chtirtuan of the Fund Board and Quorandum Ltd together with its two Directors, colluded to misappropriate the Fund's money totaling to Kshs. 180.9 million purporting to be payment for services rendered by Quorandum Ltd to the Fund; Quorandum Ltd paid some of this money to acting CEO of the Fund and Chairman of the Fund Board; and both the acting CEO of the Fund and one of the Directors of Quorandum Ltd forged contract documents purporting to show that Quorandum Ltd and the Fund had entered into such contracts. Investigations further established that the company rendered no services to the Fund to warrant payment of KSh. 180.9 million. A report was compiled and forwarded to the DPP on 8thJuly, 2016 recommending that the acting CEO of the Fund be charged with two counts of abuse of office contrary to section 46 as read with section 48 of the Anti-Corruption and Economic Crimes Act (ACECA), two counts of fraudulent making payment contrary to section 45 (2) (a)(iii) as read with section 48 of ACECA, dealing with suspect property contrary to section 47 (1) as read with section 48 of ACECA, acquisition of proceeds of crime contrary to section 4 as read with section 16 (1Xa) of Proceeds of Crime and Anti-Money Laundering Act (POCAMLA); the Chairman of the Fund Board be charged with two counts of abuse of office contrary to section 46 as read with section 48 of ACECA, two counts of dealing with suspect property contrary to section 47 (1) as read with section 48 of ACECA, two counts of acquisition of proceeds of crime contrary to section 4 as read with section 16 (1Xa) of POCAMLA; Quorandum Ltd and its two directors be charged with unlawful acquisition of public property contrary to section 45 (1) (a) as read withsection 48 of ACECA, one of the Directors of Quorandum Ltd and the acting CEO of the Fund with two counts of making a false document contrary to section 347(a) as read with section 349 of the Penal Code and all the above mentioned suspects be charged with conspiracy to commit an economic crime contrary to section 47A as read with section 48 of ACECA. On 23rd August, 2016, the DPP accepted the recommendation for prosecution. EACC/ISL/FI/INQ. 31/2015 Inquiry into Allegations of Alteration of Appropriation Bill, 2013 of the County Government of Marsabit Investigations revealed that the County Assembly of Marsabit County Government on 26/6/2013 received from the County Executive for Finance and Planning the budget estimates for the Financial Year, 2013/2014; that the County Assembly forwarded these estimate to its Budget and Appropriation Committee for scrutiny and the Committee proposed some amendments that were fmally adopted by the Assembly after which the estimates were submitted to the Governor for assent and thereafter to the Government Printer for publication. Investigations established that the Executive,including the Governor, was not notified of thechanges in the said estimates and there was no evidence that the Governor altered the said budget estimates in terms of Appropriation Bill, 2013 as alleged. A report was compiled and forwarded to the DPP on 8th July, 2016 recommending that the file be closed with no further action. On 27th September, 2016, the DPP accepted the recommendation that the file be closed with no further action. EACC/FI/INQ/64/2015 Inquiry into Allegations of Irregular Payment of KSh. 50 Million for the Purchase of a VIP Lift at the Office of the Deputy President Investigations establishedthat the former Office of the Prime Minister which subsequently transformed into the Office of the Deputy President, tendered for the supply and installation of VIP lift in the building housing the subject office; that the accounting officer in that office however issued a notification of award letter way past the validity period; that the head of procurement failed to maintain and securely safeguard procurement records in respect of this tender; that the head of procurement received payment of Kshs. 193,426/= as travel allowance and per diem for a trip to the manufacturer's factory in China which he never undertook. A report was compiled and forwarded to the DPP on 8thJuly, 2016 recommending that both the then Accounting Officer and the Head of Procurement be charged separately with the offence of wilful failure to comply with the law relating to procurement contrary to section 45 (2) (b) as read with section 48 (1) of ACECA and the Head of Procurement be additionally charged with the offence of abuse of office contrary to section 46 as read with section48 (1) of ACECA. On 18th August, 2016, the DPP returned the file for further investigations. EACC/H/INQ/121/2015 Inquiry into Allegations of Misappropriation of a Government Grant of KSh. 700 Million initially Meant for Carrying out Feasibility Studies of the Standard Gauge Railway (Sgr) Project Between Mombasa-Nairobi-Malaba/Kisumu EACC commenced investigations upon receipt of allegations that a sum of KSh. 700 million set aside for carrying out feasibility study for SGR Project had been misappropriated. Investigations revealed that there was no misappropriation of funds. That part of that money, in the sum of KSh. 4,257,948, was spent for advertisement for international tenders, bidders' conference and evaluation. This is before the Government of Kenya and that of the People's Republic of China entered into a Memorandum of Understanding, whereby the latter government offered to carry out the feasibility study ex gratia, through one its state companies. Investigations further established that part of the allocated money, KSh. 415,958,560.80, was used to pay off claims submitted by the Concessionaire in respect of damage caused to the railway line as per the concession agreement; that Kenya Railways Corporation holds the balance of KSh. 279,875,283.65 in its pool account. A report was compiled and forwarded to the DPP on 14th July, 2016 recommending that the file be closed but advisory be issued to the KRC and National Treasury to come up with watertight systems that would ensure safety of the public funds. On 12th October, 2016, the DPP accepted recommendation for closure of the inquiry file. EACC/FI/INQ/90/2014 Inquiry into Allegations that the Directors of Smith and Ouzman Ltd (S & 0) a Firm incorporated in the UK corruptly agreed to make Payments Amounting to Approximately KSh. 46 Million to Public Officials at the then Interim Independent Electoral Commission (NEC) through their Local Agent so as to Influence Award of Printing Contracts to their Firm in the Period Running from May, 2009 to 31st August, 2011 Investigations revealed the IIEC contracted S&O to supply election materials to be used in electoral processes during the period 2009 to 2010. That S&O supplied the said materials at an inflated costs after paying some corrupt benefit (so-called "chicken") through its local agent, a private citizen, to some of the IIEC officials to facilitate the said procurement. That the method of procurement used was direct procurement which was not the applicable procurement method in the said procurement processes. That there was no evidence implicating the IIEC Commissioners in the award of these tenders to S&O; that out of these benefits paid out the S&O and its two directors were charged and convicted at South wark Crown Court, UK of corruptly agreeing to make payments amounting to 0.5 million pounds with a view to influencing the award of contracts both in Kenya and Mauritania.The evidence further established that the private citizen and a number of public officials were engaged in a number of corrupt dealings. A report was compiled and forwarded to the DPP on 19thJuly, 2016 recommending that the private citizen be charged with twelve counts of corruptly soliciting for and corruptly receiving a benefit contrary to section 39 (3)(a) as read with section 48 (1) of the Anti- Corruption and Economic Crimes Act, 2003 (ACECA); the then Chief Executive Officer of IIEC be charged with two counts of wilful failure to comply with the law relating to procurement contrary to section 45 (2) (b) as read with section 48 (1 ) of ACECA and one count of corruptly receiving a benefit contrary to section 39 (3Xa) as read with section 48 (1) of ACECA with an alternative count of dealing with suspect property contrary to section 47 (2) (b) as read with section 48 (1) of ACECA; a person known to the then CEO with corruptly soliciting for and corruptly receiving a benefit contrary to section 39 (3)(a) as read with section 48 (1) ofACECAwith an alternative count of dealing with suspect property contrary to section 47 (2) (b) as read with section 48 (1) of ACECA and the then Senior Procurement Officer at IIEC be charged,in thealternative,with the offence of 2nd December, 2016 THE KENYA GAZETTE corruptly soliciting for and corruptly receiving a benefit contrary to section 39 (3Xa) as read with section 48 (1) of ACECA. It was also recommended that there is need to apply for Mutual Legal Assistance (MLA) with a view to establishing if the other public officials of EEC (the Commissioners) who travelled to UK to proof read and approve printing of referendum ballot papers were compromised in any way. On 5th September, 2016, the DPP returned the file for further investigations. EACC/MCKS/FI/INQ/13/2015 Inquiry into Allegationsof Irregular Procurement of Mobile Phones by the County Government of Kajiado Investigations established that the County Government of Kajiado procured mobile phone handsets in the financial year 2013/2014 for its County Executive Committee Members, Chief Officers and County Public Service Board members, as per the relevant procurement laws. The investigations further established that the prices for handsets however were over and above the cap of maximum value of KSh. 30,000 per handset, in terms of a Presidential Circular Ref number OP/CAB/15 issued on 5/3/2010. That the beneficiaries however on being notified of this circular refunded the extra money. The investigations also established that the Circular was issued prior to the devolved government coming into being and that it was not gazetted or in any way brought to the attention of the County Government. A report was compiled and forwarded to the DPP on 2nd August, 2016 recommending that the file be closed with no further action as there was no breach of any law. On 12th October, 2016, the DPP accepted the recommendation for closure of the inquiry file. EACC/F1/INQ/05/2015 Inquiry into Allegations of Misappropriation of KSh. 3 Million allocated to the County Assembly of Trans Nzoia by the Treasury Investigations revealed that thirty eight Members of the County Assembly, a driver and the County Clerk, all of Trans Nzoia County Government with the connivance of the Speaker of the County Assembly fraudulently misappropriated public money on the guise of being paid money as per diem for attending funeral service in Nairobi for a colleague who had passed on. Investigations further revealed that the MCAs did not travel to Nairobi and failed to surrender the money. A report was compiled and forwarded to the DPP on 2nd August, 2016 recommending that the suspects, the Speaker of the County Assembly and the thirty eight MCAs be individually charged with a count of abuse of office contrary to section 46 as read with section 48 (1) of the Anti-Corruption and Economic Crimes Act, 2003 (ACECA); the driver and County Clerk be jointly charged with fraudulent acquisition of public property contrary to section 45 as read with section 48 (1) of ACECA. On 21st October, 2016, the DPP accepted the recommendation for prosecution. EACC/JKIA/FI/INQ/02/2015 Inquiry into Allegations of Excessive Monthly Service Charge Payments Pursuant to Procurement of Passanger Transfer Services (Apron Bus Service) at Jomo Kenyatta International Airport. Investigations established that Kenya Airport Authority had the need to procure Apron Buses Service and conducted the subject procurement process within the applicable law, the repealed Public Procurement and Disposal Act, 2005 and there was no evidence of excessive monthly service charge as alleged. A report was compiled and forwarded to the DPP on 15th August, 2016 recommending that the file be closed with no further action. On 12th October, 2016, the DPP accepted the recommendation for closure of the inquiry file. EACC/FI/INQ/24/2015 Inquiry into Allegations of Procurement Irregularities in Respect of Top Holing Services at the Menengai Geothermal Wells by the Geothermal Development Company (GDC) Investigations established that Geothermal Development Company (GDC)identified the need for top holing services in the process of well drilling. That GDC budgeted for this need in the two financial years 2012/2013 and 2013/2014 and fully followed the law namely the repealed Public Procurement and Disposal Act, 2005 in the procurement process that eventually resulted to the award of theTender to the resultant successful bidder. The investigations therefore established no breach of any law A report was compiled and forwarded to the DPP on 15th August, 2016 recommending that the Inquiry file be closed with no further action. On 6th October, 2016, the DPP accepted the recommendation for closure of inquiry file. EACC/KSM/INQ/FI/10/2014 Inquiry into Allegations against Officers of the County Government of Migori in Irregular Procuring Furniture for the Governor's Residence from a Private Limited Company at KSh. 20,973,230 Investigations revealed that the County Government of Migori in the year 2014 set out to procure furniture for the Governor's residence but that the Tender Committee contrary to the applicable procurement laws irregularly awarded the contract toa company that had not been prequalified. The investigations further revealed that the company duly supplied the furniture but the County Government officials in charge of processing payment declined to approve any payment; that resultantly the Governor took possession of the furniture and entered into a private arrangement with the company to pay up for the cost of the furniture. A report was compiled and forwarded to the DPP on 22nd September, 2016 recommending that the County Head of Supply Chain Management and the Tender Committee membership involved in this procurement be charged respectively with a count of wilful failure to comply with the law of procurement contrary to section 45 (2) (b) as read with section 48 (1) of the Anti-Corruption and Economic Crimes Act, 2003. On 12th October, 2016, the DPP accepted the recommendation for prosecution. EACC/FI/INQ/120/2015 Inquiry into allegations of Procurement Irregularities in the Supply and Delivery of Training Materials Vide Automotive Engineering Contract No. NYS/RT/29/20I4-2015 (4) by a Private Enterprise at a Cost of KSh. 46,600,000 Investigations established that there were a number of breaches of law in the procurement process that led to the award of contract to supply of training materials to Blue Star and other companies namely: there was no budget factored in the relevant financial year for this procurement; there was no requisite market survey done to ensure that NYS received value for money spent on the materials supplied; the private enterprise was not properly qualified for the award of this tender; the user department did not issue any requisition for this procurement; theuse of restricted tendering method was not the applicable one in the subject procurement. Investigations further established that one of the firms that was awardedthe contract to supply the training materials was not one of those approved for the said procurement. A report was compiled and forwarded to the DPP on 22nd September, 2016recommending that theAccounting Officerof NYS be charged with two counts, one of engaging in a project without prior planning contrary to section 45 (2Xc)as read with section 48 (1) of the Anti-Corruption and Economic Crimes Act, 2003 (ACECA), and another of wilful failure to comply with the law relating to procurement contrary to section 45 (2Xb) as read with section 48 (1) of ACECA; the Head of Supply Chain Department with two counts of wilful failure to comply with the law relating to procurement contrary to section 45 (2)(b) as read with section 48 (1) of ACECA; the members of Ministerial Tender Committee, Ministry of Devolution and Planning to be charged jointly with two counts of wilful failure to comply with the law relating to procurement contrary to section 45 (2)(b) as read with section 48 (1) of ACECA; the NYS Supply Chain Assistantto be charged with the count of fraudulent practice in a procurement contrary to section 40 of the Public Procurement and Disposal Act, 2005 (Repealed). On 4th November, 2016, the DPP accepted the recommendation for prosecution. EACC/MKS/OPS/INQ/05/2015 Inquiry into Allegations of Offering a Benefit to a Police Officer by Private Citizen on 28th October, 2014 along Mombasa Road at Makutano Junction Investigations revealed that the suspectcorruptly offered a benefit of KSh. 1,000 to an officer attached to the National Transport and Safety Authority who together with police officers were manning a road block along Mombasa Road at Makutano Junctionas an inducement so as not to be subjected to a Breathalyzer test to gauge the alcohol level in his body. A report was compiled and forwarded to the DPP on 1st July, 2016 recommending the suspect be charged with the offence of corruptly offering a benefit contrary to section 39 (3) (b) as read with section 48 (1) of the Anti-Corruption and Economic Crimes Act, 2003. On 1 1 th July, 2016, the DPP accepted the recommendation for prosecution. EACC/ INQ/OPS/23/2016 Inquiry into Allegations of Corruption against a Police Officer attached to Ruaraka Police Station Investigations revealed that the suspect, a Police Corporal at Ruaraka Police Station corruptly solicited for a benefit of KSh. 2,000 but later on reduced the demand to KSh. 1,000 as an inducement so as to facilitate the release of an employee of the complainant held in custody at the Ruaraka Police Station. Investigations further established that the suspect did not receive the bribe, directing that the bribe be given to another person. A report was compiled and forwarded to the DPP on 1st July, 2016 recommending that the suspect be charged with two counts of corruptly soliciting for a benefit contrary to section 39 (3) (a) as read with section 48 (1) of the Anti-Corruption and Economic Crimes Act, 2003. On 9th July, 2016, the DPP accepted the recommendation for prosecution. CR. 148/8/2016 CF. 5/2016 Inquiry into Allegations of Corruption against a Police Officer based at Kikuyu Police Station Investigations revealed that the suspect, a police officer stationed at Kikuyu Police Station, solicited from the Complainant for a benefit of KSh. 10,000 but later on reduced the demand to KSh. 8,000 as an inducement so as to fast track investigation of a case of forgery involving land. Investigations further established that the suspect received the bribe in the sum of KSh. 8,000 which the investigators recovered on his arrest. A report was compiled and forwarded to the DPP on 1st July, 2016 recommending that the suspect be charged with two counts of corruptly soliciting for and receiving a benefit contrary to section 39 (3) (a) as read with section 48 (1) of the Anti-Corruption and Economic Crimes Act, 2003. On 1 1 th July, 2016, the DPP accepted the recommendation for prosecution. EACC/INQ/OPS/22/2016 Inquiry into Allegation of Corruption against an Assistant Chief and the Chief of Lekkuruki Location for Corruptly Soliciting for a Benefit Investigations revealed that an Assistant Chief stationed at Upper Matasia within Lekkuruki Location corruptly solicited for a benefit of KSh. 20,000 from the complainant as an inducement so as not to close down the complainant's bar business.That later on a different day the Assistant Chief in the company of the Chief of Lekkuruki Location met the complainant, andthe Chief at the behest of the Assistant Chief solicited for a reduced benefit of KSh. 10,000. The bribe was however not paid. A report was compiled and forwarded to the DPP on 14thJuly, 2016 recommending that the suspects be charged with offences of corruptly soliciting for a benefit contrary to section 39 (3) (a) as read with section 4S (1) of ACECA and conspiracy to commit an offence of corruption contrary to section 47A (3) as read with section 48 (1) -of ACECA. On 26th September, 2016, the DPP accepted the recommendation fes/ptrosecution. EACC/INQ/38/2015 Inquiry into Allegations of Corruption against Four Parking Attendants at the Nairobi City County Government Investigation established that the four suspects, all employees of the Nairobi City County Govemment,on 14/8/2015 received money from undercover EACC officers as parking fees but failed to issue receipt for the same. Investigations revealed that this action on the part of the said officers did not amount to criminal offence, but raised issues regarding their integrity at work place. A report was compiled and forwarded to the DPP on 2nd August, 2016 recommending that administrative action be taken against the suspects. On 24th August, 2016, the DPP accepted the recommendation for administrative action be taken against the suspects. EACC/OPS/INQ/24/2015 Inquiry into Allegations that a Former Principal Magistrate Kibera Law Courts failed to declare her Wealth and Received a, Benefit of KSh. 2.4 Million as an Inducement to Award a Favourable Judgement to Suspects facing Drug Trafficking Charges at Kibera Law Courts Investigations revealed that the suspect, a former Principal Magistrate at Kibera Law Courts, handled a criminal case involving three accused persons charged with the offences of drug trafficking. The investigations further established that the Magistrate concluded the matter by discharging all the accused persons for lack of evidence. The investigation also established no evidence of the alleged bribe money having being given to the Magistrate and further that the Magistrate actually filed the relevant wealth declarations as required. A report was compiled and forwarded to the DPP on 2nd August, 2016 recommending that the inquiry file be closed with no thither action. On 27th September, 2016, the DPP accepted the recommendation for closure of the inquiry file with no fluffier action. CR. 212/409/2015 Inquiry into Allegations of Corruptly Offering a Benefit against a Driver of Utawala Sacco Investigations established the an officer with the National Transport and Safety Authority in collaboration, with the Traffic Police Officers arrested the suspect for driving a public service vehicle KBT 952Z along Nairobi Mai-Mahiu Road without a- valid Short Road Service License. Although it was alleged that the driver had offered a benefitto the arresting personnel, there was no cogent evidence in support thereof. A report was compiled and forwarded to the DPP on 15th August, 2016 recommending that the inquiry file be closed. On 1st September, 2016, the DPP accepted the recommendation for closure of the inquiry file. CR. 374/28/2016 Inquiry into Allegations of Soliciting and Receiving a Bribe of KSh, 1,000 by a Member of Kenya Police Reservist in Mpeketoni in hamu County Investigations revealed that the suspect, .a Kenya Police Reservist attached to Mpeketoni Police Station arrested the complainant: who was said to be felling trees on,government land and thereafter solicited for and KSh. 1,000 as an inducement, to release the timber, to the complainant. A report was compiled and forwarded to the DPP on 15th August, 2016 recommending that the suspect be charged with offences of corruptly soliciting for and receiving a benefit contrary to section 3.9 (3) (a) as read with section 48 (1) of the Anti-Corruption. and Economic Crimes Act, 2003. On 25th August, 2016, DPP accepted the recommendation for prosecution. CR. 313/436/2015 Inquiry into Allegations of Corruption against an Employee- of Magarini Sand Sacco and a Kilifi County Revenue Officer Investigations revealed that the complainant failed to pay relevant cess due, to the. Kilifi County Government. That the complaint theft-lett 2nd December, 2016 his national identity card as a security as he left to look for money to pay. That on the complainant's return, the suspects solicited for KSh. 8,500 which later on they reduced to KSh. 2,000 with an additional KSh. 500 as fare, so as they could return to the complainant his identity card. A report was compiled and forwarded to the DPP on 15th August, 2016 recommending that the suspects be charged with offences of corruptly soliciting for and receiving a benefit contrary to section 39 (3) (a) as read with section 48 (1) of the Anti-Corruption and Economic Crimes Act, 2003. On 25th August, 2016, DPP accepted the recommendation for prosecution. CR. 030/08/2015 CF. NAKURU ACC. 2/2015 Inquiry into Allegations of Demand and Receipt of Bribes from Motorist by Traffic Police Officers along the Nairobi Nakuru Highway Investigations established four police officers attached to Salgaa Traffic Base were covertly videotaped receiving money from a number of motorists plying the Nakuru-Salgaa Highway and letting them drive on. Upon search they were found in possession of money totaling to KSh. 1,000. A report was compiled and forwarded to the DPP on 15th August, 2016 recommending the prosecution of the four police officers on the basis of charges of dealing with suspect property contrary to section 47 (1) (a) as read with section 48 (1) of the Anti-Corruption and Economic Crimes Act, 2003 proceeds to the very logical conclusion. On 26th September, 2016, the DPP accepted the recommendation for prosecution. EACC/OPS/INQ/NYR/1/2016 Inquiry into Allegations of Corruption against a Police Officer attached to Kerugoya Police Station along Kerugoya-Kutus Road Investigations established that the suspect, a police officer, amongst other police officers attached to Kerugoya Police Station was arrested as he received bribes from motorists along Kagio/Kutus/Gichugu/Embu road. Upon, search he was found in possession of KSh. 7,500. Investigations further revealed that the suspect assaulted one of the EACC officers in course of his arrest. A report was compiled and forwarded to the DPP on 9thSeptember, 2016 recommending that the police officer be charged with one count of dealing with suspect property contrary to section 47 (1) (a) as read with section 48 (1) of the Anti-Corruption and Economic Crimes Act, 2003 and assaulting a person acting under the Anti-Corruption and Economic Crimes Act, 2003 (ACECA) contrary to section 66 (I Xa) as read with section 66 (2) of (ACECA). On 29th September, 2016, the DPP accepted the recommendation for prosecution. CR. 148/12/2016 ACC. MILIMANI 7/2016 Inquiry into Allegations of Corruption against a Legal Assistant, University of Nairobi Investigations revealed that the suspectcorruptly solicited for a benefit of KSh. 150,000 and received KSh. 90,000 from the two complainants as an inducement so asto expedite their swearing in as University of Nairobi Campus Representatives, KNH/Medical School and Finance Secretary. A report was compiled and forwarded to the DPP on 9thSeptember, 2016 recommending the suspect be charged with offences of corruptly soliciting for and receiving a benefit contrary to section 39 (3) (a) as read with section 48 (1) of the Anti-Corruption and Economic Crimes Act, 2003. On 12th October, 2016, the DPP accepted the recommendation for prosecution. CR. 760/322/2016-NAKURU ACC. CF 5/2016 Inquiry into Allegations of Corruption against an Employee of the National Land Commission Based in Nakuru as the Secretary to Nakuru County Land Management Board Investigations revealed that the suspect corruptly solicited for KSh. 900,000 from the complainant with a view to registering the names of to be beneficiaries in a land register for the National Land Commission to consider for allocation of land within Oljorai Farm in Nakuru County. Investigations further established that the suspect reduced this claim for a benefit to KSh. 750,000 and sent another person to collect the benefit for him. The investigations established that through this third party the suspect finally corruptly received a benefit of KSh. 140,000 for the aforesaid reason. A report was compiled and forwarded to the DPP on 9thSeptember, 2016 recommending that the suspect be charged with two counts of corruptly soliciting for a benefit and one count of corruptly receiving a benefit contrary to section 39 (3) (a) as read with section 48 (1) of the Anti-Corruption and Economic Crimes Act, 2003. On 12th October, 2016, the DPP accepted the recommendation for prosecution. EACC/AT/INQ/11/2015 Inquiry into Allegations of Concealment of Documents/Evidence in an Investigation by the County Secretary, the Chief Finance Officer, the Head of Treasury and the Head of Budget, all of Nairobi City County Government Investigations revealed that EACC officers sought in writing from the suspects,all employees of Nairobi City County Govermnent,cmcial documents that were required for purposes of another subsisting investigation relating to other top officials of the said County Government. Investigation established that the suspects endevoured to provide some of the documents, committing in writing to provide others that were not readily traceable on some later days as and when they are available. The investigations did not reveal that the suspects concealed the documents as alleged. A report was compiled and forwarded to the DPP on 9thSeptember, 2016 recommending that the inquiry file be closed with no further action for lack of culpatory evidence. On 10th October, 2016, the DPP returned the inquiry file for further investigations. EACC/OPS/INQ/NYR/4/2015 Inquiry Into Allegations of Corruption Against two Police Officers attached to Karatina Traffic Police Sub-Base• along Karatina Sagana Road Investigations established that two police officers attached to Karatina Traffic Police Sub-Base were covertly videotaped receiving money from a number of motorists plying the Karatina-Sagana Road and letting them go without inspection. Upon arrest and search they were found in possession of moneytotaling to KSh. 1,400. Investigations further established that the two suspects had transacted through their respective mobile phones Mpesa accounts; suspect colossal sums of money whose source they could not satisfactorily explain. A report was compiled and forwarded to the DPP on 16th September, 2016 recommending that each suspect *charged with the offence of corruptly receiving a benefit contrary to seetiisin39 (3) (a) as read with section 48 (1) of the Anti-Corruption and Economic Crimes Act, 2003and in the alternative, a charge of dealing with suspect property contrary to section 47 (1) (a) as read with section 48 (1) of the Anti-Corruption and Economic Crimes Act, 2003. On 17th October, 2016, the DPP accepted the recommendation for prosecution. EACC/GSA/OPS/INQ/21/2016 Inquiry into Allegations of Corruption against the Officer Commanding Dadaab Police Division Investigations revealed that the suspectcorruptly solicited for a benefit of KSh. 20,000 and corruptly received KSh. 17,000 from the complainant as an inducement so asnot to cause arrest of public service vehicles operating within Haghadere area in Garissa County. A report was compiled and forwarded to the DPP on 22nd September, 2016, recommending that the suspect be charged with two counts of corruptly soliciting fora benefit and one count of corruptly receiving a benefit, contrary to section 39 (3) (a) as read with section 48 (1) of the Anti-Corruption and Economic Crimes Act, 2003. On 18th October, 2016, the DPP returned the file for further investigations. EACC/GSA/OPS/INQ/27/2016 Inquiry into Allegations of Corruption against a Police Constable attached to Huduma Centre within Garissa Township Investigations established that the suspect,while serving at the Huduma Centre at Garissa Town,corruptly solicited for KSh. 200 and corruptly received from the complainant a benefit of KSh. 150 as an inducement so as to issue the complainant with a police abstract which is normally issued for free. A report was compiled and forwarded to the DPP on 22nd September, 2016 recommending that the suspect be charged with two counts of corruptly soliciting for a benefit and one count of corruptly receiving a benefit, contrary to section 39 (3) (a) as read with section 48 (1) of the Anti-Corruption and Economic Crimes Act, 2003. On 27th October, 2016, the DPP accepted the recommendation for prosecution. CR. 641/238/2016 ACC 1881/2016 KISII Inquiry into Allegations of Corruption against Police Officers Attached to Kisii Traffic Base Investigations established thatthree police officers attached to Kisii Traffic Base were covertly videotaped receiving money from a number of motorists plying the Kisii Highway and letting them go without inspecting them. Upon arrest and search two of the suspects were found in possession of money totaling to KSh. 25,000; no money was recovered from one of the suspects. A report was compiled and forwarded to the DPP on 30th September, 2016 recommending that two of the suspects be charged with the offence of dealing with suspect property contrary to section 47 (1) (a) as read with section 48 (1) of the Anti-Corruption and Economic Crimes Act, 2003 whereas administrative action be meted out against the other suspect. On 27th October, 2016, the DPP accepted the recommendation for prosecution. CR.911/99/2016 Inquiry into Allegations of Corruption against a Criminal Investigation Officer, attached to Bungoma Flying Squad Investigations revealed that the suspect, a Criminal Investigating Officer attached at Bungoma Police Station, Flying Squad Division, corruptly solicited from the complainant a sum of KSh. 45,000 which he later on reduced to KSh. 25,000, as an inducement so as to release the complainant's motor vehicle registration number KAR 872B which had been detained at the Police Station yard.Investigations further established that the matter was reported to the suspect's superior, the County Police Commander whereupon he was arrested. Investigations therefore only established the aspect of corruptly soliciting for a benefit. A report was compiled and forwarded to the DPP on 1st July, 2016 recommending that the suspect be charged with offences of corruptly soliciting for a benefit contrary to section 39 (3) (a) as read with section 48 (1 ) of the Anti-Corruption and Economic Crimes Act, 2003. On 13th July, 2016, the DPP accepted the recommendation for prosecution. STATISTICAL SUMMARY OF FILES FORWARDED TO THE DIRECTOR OF PUBLIC PROSECUTIONS Total No. of files forwarded to the Director of Public Prosecutions No. of files recommended for prosecution 22 No. of files recommended for administrative or other action 1 No. of files recommended for closure 10 No. of files recommended for prosecution and the cases are already lodged before Court No. of files where recommendation to prosecute accepted 17 No. of files where recommendation for administrative or other action accepted No. of files where recommendation for closure accepted 8 No. of files returned for further investigations 6 No. of files where recommendation to prosecute not accepted 0 No. of files where recommendation for administrative or other action not accepted No. of files where closure not accepted 0 No. of files awaiting Director of Public Prosecutions' action 0 Dated the 22nd November, 2016. SOPHIA LEPUCHIRIT HALAKHE D. WAQO (ACI ARB), Vice-Chairperson Vecretary/Chief Executive Officer. PTG No. 088263/16-17 GAZE! I h NOTICE No. 10044 THE CONSTITUTION OF KENYA TRANSITION TO DEVOLVED GOVERNMENT ACT, 2012 COUNTY GOVERNMENT OF MURANG' A HEALTH AND SANITATION HOSPITAL, HEALTH CENTRE AND DISPENSARIES MANAGEMENT COMMITTEES PURSUANT to section 15 of the Sixth Schedule to the Constitution as read with sections 23 and 24 of the Transition to Devolved Governments Act, 2012, and further to Legal Notice No. 16 of 2013 through which the Transitional Authority approved the transfer of functions specified in Schedule to the County Governments of Murang'a, with effect from 9th August, 2013, vide Kenya Gazette Supplement No. 116 (Legislative Supplement No. 51), the County Executive Committee (CEC) member responsible for Health in Murang'a County, do appoint the underlisted as members of health centres and dispensaries management committees as indicated in respective health facilities for a period of three (3) years with effect from the 1st July, 2016. KANDARA SUB-COUNTY HOSPITAL Category Name Position C.B.O Bernard Mwangi Ngugi Chairman Youth Robert Kariuki Treasurer Special Interest PWD Jacinta Mbugua Member Special Interest Harum Kaguchwa Member Finance Francis Makingu Member Women Rep Mary Wambui Gitau Member F.B.O Jane Wairimu Kamau Member GITARO DISPENSARY Category Name Position Special Interest Zachary Mwangi Gitau Chairman Youth Lilian Wanjiku Kariuki Member Special Interest PWD Paul Maina Kariuki Member Finance James Mwangi Kamanja Treasurer Women Rep Nancy Wambui Member FBO Rosemary Wanjiku Kanyingi Member CBO Julius Karanja Muturi Member KIANGOCHI DISPENSARY Category Name Position Special Interest PWD Josephat Muiruri Kamande Chairman Youth Regina Wairimu Mburu Member Special Interest Mercy Wairimu Murigi Member Finance Patrick Mbugua Kimani Treasurer Women Rep Anne Muthoni Kayanda Member FBO Peter Mwangi Gitubis Member CBO William Muriuki Muiyuro Member GATHERU DISPENSARY Category Name Position FBO Gideon Gachoka Mikori Chairman Youth Eunice Njeri Irungu Member Special Interest PWD John Irungu Njoroge Member Special Interest Peter Murimi Mwangi Member Finance Samson Marna Kiruri Member Women Rep Eunice Waithira Treasurer CBO Felix Irungu Mbuthia Member 2nd December, 2016 THE KENYA GAZETTE 4789 KIRIA HEALTH CENTRE Category Name Position Finance Lawrence Waweru Chairman C.B.O Nancy Men Irungu Treasurer YOUTH John Kangethe Member Special interest Minority Charles Nduati Mwangi Member Special interest PWD David Kariuki Member Women Rep Nancy Wanjiku Mburu Member F.B.0 Lenny Ndegwa Member SUSAN M. MAGADA, MR/2483004 CEC, Health and Sanitation.