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GAZETTE NOTICE NO. 10012
GAZETTE NOTICE NO. 10012
THE CRIMINAL PROCEDURE CODE
(Cap. 75)
NOTICE OF INTENTION
IN EXERCISE of the powers conferred by section 85 (1) of the
Criminal Procedure Code, the Director of Public Prosecutions revokes the appointment of-
Stephen Ochieng Mallowah, Abdikadir Hussein Mohamed, Stan Musyoka Manthi, Hellen Nelly Limungu'ura.
Sammy Arekai Sarich, Francis Mathew Kamau, as Public Prosecutors, for the purpose of all cases arising under the
Anti Counterfeit Act.
Dated the 5th September, 2018.
NOORDIN M. HAil, Director of Public Prosecutions.
*GN No. 8650/2012
GAZETFE NOTICE No. 10013
THE OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTIONS
ACT
(No.2 of 2013)
REVOCATiON OF APPOINTMENT
IN EXERCISE of the powers conferred by section 22 (4) (c) of the
Office of the Director of Public Prosecutions Act, 2013, the Director of Public Prosecutions revokes the appointment of-
Name F/No. Rank
Patrick Kilingunya , 217691
Onesmus K. Towett 215293
Dominic K. M. Mate 236341
Bridget Kayai 230726
Esther Serenoy 219525 CP
Samson Kalabai 218505
Edward Mulamula 230301 _________
Samson K. Kiptum 218381 _________
Stephen Wambua 2154477 SSP
Monicah A. Ong'ayo 230749 _________
Wycliffe R. Sifuna 217916 _________
Josephine M. Wambua 231389 ASP
Nancy Muthuri 219614 C.I.
Josiah N. Njiru 234921 ASP
Cecilia Gacheri 234196
Name F/No. Rank
Daniel Gor Seko 232947
Joseph Kazungu 232844
Alloyce Tom Mboya 232812
Mohammed Hiloiwe Osman 232777
Henry K. Kinyua 232680 Cl
Sammy Mbarani 232661 Cl
Rose Muheya 232662 Cl
Catherine M. Manguti 232607
Jane Langat 232528
Dorcas C. Cherui 232526 ASP
Monica Jeruto 232399
Kennedy Apindi 232012
George Muchin Kamau 232002
Amos Mbogo 231934
George Odhiambo 231850
Barnabas K. Kiptoo 213833
Paul Gathara 231824
Leonard K. Kurgat 231767
Francis Ondiege 231593
John Kanda Chesire 231627 Cl
Reuben Ambani 231593 Cl
Jacinta M. Ndavi 231574 C.!
Eunice C. Macharia 231509 Cl
Isaiah Mwiranga 231485
Robert Kiptoo 231443
Catherine Munigi Njue 231436 SSP
Jackline M. Kilonzo 231394 Cl
Rhoda Kanyi 231370
Alice W. Njeru 231361
Michael Tobias Akumu 231310 Cl
Anastacia Kitavi 231251 Cl
John Osikuku Ondiri 231206
David Kipngeno Mursory 231183 Cl
Ali Ibrahim Addille 231169
William Ndirangu 231148
Adbul Wako Bili 231102
Shadrack Mbila 231045
Jacob Lemison Saman 230959
Lokiro Mohammed 230826
Pamela Apima 230760
Kenneth Kiruai 230585 Cl
Thomas Ekesa 230541
Richard Cheruiyot 230540 ASP
Mohammed I. Adan 230462 Cl
Mohammed H. Ngenya 230446
Donald G. M'lriberia 230444
Onsarigo Daniel Nchoro 230423 SP
Simon Gitonga 230255
Jackson Muriuki 230206
Joseph Musyoki 230183
Muhaya Masai Nelson 230181 ASP
Isaack Kioko Muthaka 230173
Benson Mutie 219939
Richard Mwololo 219881 Cl
Godwin Masinde 219748 ASP
Simon Karuthi Ugaradhi 219669
Abel Bitok Tanui 219628
Joseph B. Kenga 219338
JobK.Selim 219253
Daniel Musangi 219133
Moses Ngugi Muiruri 219075
Caleb Mutonyi 218953 Cl
Paul Munuki Marete 218946 SP
Peter Mavoko 218898
Waliasula Makokha 218770
Tom Nyabuti 218473
Alfred Mulandi 218424 - C.I.
John W. Kimani 217955
Godfrey Edward Obel 217941 Cl
GeorgeI.Nyaga 217750
RichardKipruto Kori 217386
JonesNyamai 217360
FrancisG.Kihara 217311
RemesisMwololo 217814 Cl
Name F/No. Rank
LydiaMumbiKandia 217369
EdwardltayeMwandihi 217743
JamesGithinjiKariuki 217730
RobertM.Kyaa 217718
TitusK.Marete 217693
TobiasOgollaAkumu 215665 Cl
FrankMnene 215492
FredrickWepukhulu 215399 Cl
PeterL.Molinka 239473
Mahmoud0. Osiemo 214805
EstherW.Ngure 214607
JacksonMbugua 213580
PeterMullMamu 239473 Cl
Jose hineKemunto 232056
Felix 231528 nis Onyango Obiero 231388 ASP
Robinson 231348
Michale 231310
CharlesN.Muthamia 231285 Cl
SimonNjugunaWaithaka 231123 ASP
PaulMusyiiniMakonge 230937 ASP
AliKingi 230792
JimiKamaro 230770
BeaticeLinnaKaballah 230625
JohnMurimiGacheru 230225
SammyObongoSumoni 219669
AbelOngcriOnyango 219546
DansonN.Munyotu 219239
CosmasIkunyua 219239
PaulErickOkinda 218137
HumphreyNakitare 217076 CI
PeterKariukiGithoge 217033 Cl
StenselousMwangi 217957 CI
Peter KiarieMuiruri 2177251 saiah Oduor Oyoo 217583
ObedNdubi 217325
AndrewMwendwaKituku 217240
Richard Kipkoech
Chepkurugori
216261 Cl
JacobNgao 215911
CatherineMaryOmwenga 215063
MargaretMuthoni 231444
AlexWasikeWafula 231255
RichardMakenzie 230758
JosephMwangi 230559
JamesLelia 230390
HarunChabari 218806
PaulMwendwa Nyamal 217341 Cl
DominicMutetiMumo 216932
BenjaminK.Katumo 18149
JogooWangatia 18289
JosephKiarie 18659
GeorgeMaondu 19960
MosesKhaemba 211261
EddwardG. Owuor 216494
AlphonzeMwanzia 217754
KasongoMindoti 218163
MichaelKipronoYego 218244
ReginaMuthueNelson 219118
MicharlGithae 219579
PasilianoBasilEkesa 219801
AlfredMurithiNdege 230401
DicksonM.Ngomo 230579
EliudKemboiKaptuwai 230670 Cl
KennedyMakana 230782
DavidNgare Njoroge 230829
KigonduKariuki 230878 Cl
AbiedKavoo 231947
BenardW.Gichui 231950
JackAchiengAchilla 231116
PhilemonmKimitei 231186 CI
Noah C.Chemweno 231265
RichardSimiyuNyongesa 231292
JosephatMull 231400
28th September, 2018 THE KENYA GAZETTE 3381
Name F/No. Rank
Nelson Ombito 231411
Peter Omare Sigeria 231459 Cl
Samuel Karigitho 231481
Joseph M. Kebet 231536
Francis Onyango Agengo 231554
Alexander Mutie 231558
James Nyangoya Owuor 231616
Philip K. Bii 231641
Chitibwa M. Saidi 231616 Cl
Eunice Maingi 231688
Ambrose Limo 231698 CI
Nehemiah R. Kiplangat 231713
Francis M. Olormeiro 231717
Julius Koech Kiptoo 231725
Kipkurui Sigei 231737
George Ayuo 231748
Alex Lentaya Sunfu 231750
Stephen Ndung'u Njuguna 231820
Peter Ndung'u 231827
Lilian Njeri Gichui 231847
Alfred W. Shebeka 231889
Samuel Kibor 231892 CI
PaulM.Omweri 231902
James Kioko 231194
Daniel Thuku 232022
Samuel 0. Onyango 232033
Rioba Gasiri John 232064 Cl
Paul Lagat 232148 CI
Charles M. Mugiira 232390
Joseph M. Omwanda 232482
Joseph Mboya Njue 232530
Eli John Warui 232549 IT
James Koech 232664
Simon Ben Nyongesa 232669
Justus lmaana 232705 C.I.
Peter Milimo 232724
Zacheus Odhiambo Osoo 232732
Langat Kiprotich 232751 Cl
David Munene Miano 232764
Nelson Makori 232786
Agnes Wairimu Kuibita 232868
Simon M. Muinde 232872
John Maingi Kilu 232913
Joseph 0. Olela 232950
Douglas Nyakundi Isaboke 232953
Patrick Litu Mwale 232974
Argwengs Otieno Nyamburi 232989
Samuel W. Kamau 233159
Daniel Mutisya 233214
Peter Munguti 233308 samson Muniko Barisera 2333081 Cl
Nancy W. Koros 233321
Johnstone Cheruiyot 233439 amuel Muriuki 233555 enard L. Wamalwa 233596 amuel Macharia Kamau 233627
John Njuguna 234925
Dedan Wambo 236341 imon Mitau 236691 IP
Mark Rop Sirorei 237111
Washington Mwiti 237709 CI
Otman Mamwana Indeche 30737
Tom Sibuda 30952
Raymond Kibet 31178 Cl
Bernard Rono 31323 Cl
J?mes Kipkemboi Yano 31470 CI
MartinN.Muli 31511
Francis K. Chirchir 31576 ASP
Patrick Migwi 31684
Jonathan Mutambu Kyumbu 32024
David Kipkorir 32150
Stephen Githinji 32156
Samuel Muriungi 32627
Willy Kipkoech Mutai 32636
Name F/No. Rank
Josephat Mukangai 32941
Sylvester Wanjohi Wambugu 33017
Joshua Mwangi 33052 Cl
GeofreyGichohi 3492 Cl
Dedan Kamotho 35936
Peter Mboge 38939
Charles Wanjohi 53468 CI
Peter Wahome 60009 CI
George Masayi 21542
Simon Mose Kangele 216327
Fredrick Makaa 218947
David Kirui 230756 CI
Benedict Modi Kemboi - 231120 -
John Mugo 231309 IP
James Sichangi 231447
Bonface Kihiu Gachoka 231538
Mike Muia 231754
Richard Okeri 231786 Cl
Joseph Wanjohi 231789
Thomas Simbiri 231823
Leonard Atonga 232689
Mutua Ndulili 232752 Cl
Norman Mugogo 232836 Cl
Capis Otieno 232903 Cl
Francis Chacha 232914
Samuel Kibe 232928
Nephat Marubu 232951
Titus Kotut Cheren 233155 Cl
John Erick Ochieng 233329 Cl
Linus Kwemoi 233426 Cl
Charles Khaemba 30115
Tom Malimo 35353
Rashid Wasilwa 55769
Mohammed Jillo 231367
Andrew Ochengo Nyambache 231880 CI
Wilfred Kimengich Tanui 233417
Gabriel Nyongesa 23619
Josiah Mbonge 88939
Edward Kirimi 79012
James Wambua 70722
Zacharia Yegon 50652
Stephen Guyo 232156
Patrick Alwanyi 2372
Wycliffe Nyakwanya 89065
Alphonce Makoka Juma 75352
Hanry Kipsang Mosbey 39795 I.P
Simon Ngumbi Muasya 37857
Kennedy Kipsang 68541
Peter Maingi 40855
Abel Tunga 85062
Joseph Busibe 37569
Charles Ongen 46140
James Gatimu 38525 CPL
Maurice Kowenje 48027
Isaiah Wakesa 52876
Peter Mualuka 55535
ProtusMaeba 6831
Daniel Mwasya 32203
Paul Odindo 39188
Patrick Kuloba 54850 PC
Joseph Mutia 55702 PC
Simon Elolo 58655
William Bunuka 59497
Peter N. Mutisya 63409
George Wachira 6791
Kingstone Oyier 84073
Stephen Agutu 86111
Ben Muyei 87823 to exercise the delegated authority to prosecute as granted by Article
157 (9) of the Constitution of Kenya.
NOORDIN M. HAJI, Director of Public Prosecutions.
GAZErrE NOTICE NO. 10014
THE ETHICS AND ANTI-CORRUPTION COMMISSION
THE 2ND QUARTERLY REPORT COVERING THE PERIOD
FROM 1ST APRIL, 2018 TO 30TH JUNE, 2018
Preamble
The Ethics and Anti-Corruption Commission is required under section 36 of the Anti-Corruption and Economic Crimes Act, 2003
(ACECA), to prepare quarterly reports setting out the number of reports made to the Director of Public Prosecutions (DPP) under section 35 of the Anti-Corruption and Economic Crimes Act, 2003 as read with section 11 (I) ( of the Ethics and Anti-Corruption
Commission Act, 2011.
Section 36 of ACECA provides that:
The Comniission shall prepare quarterly reports setting out the number of reports made to the Director of Public Prosecutions under section 35 and such other statistical information relating to those reports, as the Commission considers appropriate.
A quarterly report shall indicate if a recommendation of the
Commission to prosecute a person for corruption or economic crime was accepted or not accepted.
The Commission shall give a copy of each quarterly report to the Attorney-General.
The Attorney-General shall lay a copy of each quarterly report before the National Assembly.
The Commission shall cause each quarterly report to be published in the Gazette.
This report is therefore made pursuant to section 36 of ACECA.
The report covers the Second Quarter and is for the period commencing 1st April, 2018 to 30th June, 2018.
INVESTIGATION REPORT COVERING THE PERIOD l APRIL
2018 TO 30TH JUNE, 2018
EACCINYRJFI/INQ/07/201 5 inquiry Into Allegations of Breach of Procurement Laws by Officers at the County Government of Nyandarua.
Investigations revealed that there was an agreement between the
County Government of Nyandarua and a private entity for the supply of clean water and sewage services. However, there were procurement irregularities in the procurement of this service. Further, the subject project was' not in the procurement plan for the Financial Year
2013/20 14.
A report was compiled and forwarded to the Director of Public
Prosecutions (DPP) on 22nd May, 2018 recommending that the suspects, the former Governor and the County Government officials be charged with the following offences under the Anti-Corruption
Commission and Economic Crimes Act, No. 3 of 2003 (ACECA) namely: Willful failure to comply with the law relating to procurement contrary to section 45 (2) (b) as read witl1 section 48;
Engaging in a project without prior planning contrary to Section 45 (2)
(c) as read with Section 48; Abuse of office contrary to Section 46 as read with section 48 and willful failure to comply with the law relating to the management of funds contrary to section 45 (2) (b) as read with section 48.
On 17th June, 2018, the DPP accepted the recommendation for prosecution.
EACCINKR!INQIE/09/20 IS
Inquiry into Allegations of Abuse of Office Against a Member of
Parliament (Mp) in Acquisition of Property.
Investigations revealed that by virtue of his office, the MP fraudulently acquired possession and ownership of a plot in collusion with officers at the Ministry of Lands, Nakuru Regittry. By a sale agreement dated 30th July, 2010 a businessman bought two plots No.
Nakuru Municipality Blocks 6/94 and 6/95 for KSh. 12 million and was issued with a Certificate of Lease by the Land Registrar.
By using falsified records, officials at the Lands Registry transferred Plot No. Nakuru Municipality Block 6/95 registered in favour of the businessman to two other buyers before the said plot was purportedly sold to. the MP. As a result, both the MP and the businessman laid claim on the ownership of the plot. Evidence indicate that the purported vendor who sold the plot to the MP did not own the plot neither did he transfer ownership of the said plot to the
MP.
A report was compiled and forwarded to DPP on 22nd May, 2018 recommending that the suspects, the MP and others be charged with the following offence under ACECA namely abuse of office contrary to section 46 as read section 48 and for offences under Land
Registration Act (LRA) namely: Fraudulently procuring issuance of a certificate of ownership contrary to section 103 (I) (c) (i) and
Fraudulently procuring the making of entries into an instrument relating to land contrary to section 103 (1) (c) (ii).
He was charged for offences under the Penal Code namely:
willfully obtaining Registration of transfer of lease by false pretenses contrary to section 320; knowingly uttering a false document with intent to deceive contrary to section 357 (b); knowingly permitting an entry in which in any material particular is to his knowledge false, to be made in the register or record contrary to section 36Iof the Penal
Code.
The MP was also charged for an offence under Leadership and
Integrity Act (LIA) namely, knowingly misleading EACC investigators undertaking their duties under the LIA contrary to section 46 (I) (I) (b) as read with section 46 (2).
On 6th .June, 2018 the DPP accepted the recommendation for prosecution.
EACC/FJ/INQINO/l 02/2016
Inquiry Into Allegations of Embezzlement of Public Funds by the
County Government of Siaya through Purchase of Air Tickets for
Family and Friends of the Governor.
Investigations established that the County Government of Siaya, on instructions of the Governor of the said county, paid for the air tickets for his family members and friends in the financial years
2013/2014, 2014/2015 and 2015/2016. This was contrary to the provisions of the Public Finance Management Act and Regulations thereunder.
A report was compiled and forwarded to the DPP on 22nd May, 2018 recommending that the governor and the officers at the County
Government be charged with the following offences under ACECA:
Unlawful acquisition of a benefit contrary to section 45(l) (a) as read with section 48 and Abuse of office contrary to section 46 as read with section 48(1).
On 7th June, 2018 the DPP accepted the recommendation for prosecution.
EACC/14LBfFI/INQ/02/20 I
Inquiry into allegations of Abuse of Office and engagement in unplanned Projects against Officials at Busia County Government in the acquisition of Intergrated solid waste management services from
Madam R. Enterprises Limited.
Investigations revealed that the Governor of Busia County
Government entered into a Memorandum of Understanding (MOU) with Madam R. Enterprises Limited in a project for solid waste management for I3usia County Government. The said project had not been budgeted for in the approved procurement plan for the financial year 2014/2015.
Investigations established that the MOU was fraudulent since the service for solid waste management was not procedurally procured.
The Company terminated its services and did not submit a feasibility report yet it had already been paid. This led to a loss of KSh. 8 million belonging to the County Government.
A report was compiled and forwarded to the DPP on 22nd May, 2018 recommending that the suspects, the Governor and other officers of the County Government, be charged with the following offences under ACECA: Abuse of office contrary to section 46 as read with section 48; Conspiracy to Commit an offence of economic crimes contrary to section 47 A (3) as read with section 48; Engaging in a project without proper planning contrary to section 45 (2) as read with section 48; willful failure to comply with the law relating to management of funds contrary to section 45 (2) (h) as read with section 48; fraudulent acquisition of public property contrary to section 45 (1) (a) as read with section 48 and Failure to pay tax contrary to section 45 (I) (d) as read section 48 of ACECA.
28th September, 2018 THE KENYA GAZETTE 3383
On 2nd July, 2018, the DPP accepted the recommendation for prosecution.
EACCINKRJINQ/78/20 15
Inquiry into allegations of Abuse of Office and corrupt conduct in
Handling The Authority To Incur Expenditure Of Funds (Ale) By The
Officer Commanding Police Division (Ocpd). Mirangine Divijion.
Investigations established that the OCPD was the ALE holder and in charge of processing per diem payment claims for various police officers within his division. He would receive the approved payments in form of a consolidated cheque from the District Treasury which money he would withdraw and distribute to the various officers in accordance to their claims payment vouchers. The officers would sign the payment vouchers upon receipt of the funds claimed.
Investigations did not establish abuse of office on the part of the
OCPD.
A report was compiled and trwarded to the DPP on 4th October, 2017 recommending that the file be closed for lack of evidence.
EACC further recommended that a system- audit of the National
Police Service(NPS) in regard to handling and processing of officers per diem and reimbursements be undertaken in order to ensure more transparency, accountability and adherence to the relevant laws and regulations.
On 11th June, 2018 the DPP accepted the recommendations that the file be closed, and that EACC undertakes a system audit in regard to how NPS handles and processes the daily subsistence allowance given to police officers.
EACC. NKRJINQ/FI/42/2016 inquiry Into Allegations Of Encroachment And Development On A
Public Road Reserve At Lake Road Junction Near Gulf Petrol Station
In Nakuru Town By A Private Developer.
Investigations established that the building (petrol Station) erected on the parcel of land which had encroached on the road reserve by an approximate area of 0.02 Ha, belonged to a deceased person and not a former MCA.
A report was compiled and forwarded to the DPP on 22nd May, 2017 recommending that the file be closed. EACC Further recommended that an advisory to the Ministry of Lands be issued to inspect and ensure that if there is any encroachment, the same be removed and the portion of the public land secured to avoid future encroachment.
On 11th June, 2018, the DPP accepted the recommendation that the file be closed for lack of sufficient evidence.
EACC/MSA1INQ/Fl/05/201 5 inquiry Into Allegations That Officers Of The County Assembly Of
Mombasa Were Involved In Irregularities And Breach Of
Procurement Procedures.
EACC commenced investigations following a report that the
County Assembly of Mombasa attempted to pay KSh. 870,000 to
KURI Supplies for goods allegedly delivered to the County
Government yet there was no proof of delivery of the said goods. It was further allqged that the tendering process of the suppliers was irregular and unlawful.
Investigations established that procurement officers engaged in falsification of documents to facilitate fraudulent payments for goods that were never received. It was further revealed that there was no procurement plan and that the choice of procurement method, tender evaluation as well as the eventual inspection and acceptance were not properly done.
A report was compiled and forwarded to the DPP on 27th April, 2018 recommending that the suspects, officers of the County
Assembly, be charged with the following offences under ACECA, Public Procurement and Disposal Act (PPDA) and Penal Code respectively namely: willful failure to comply with the applicable law relating to procurement contrary to section 45(2) as read with section
48; Engaging in a procurement without prior planning contrary to section 45 (2) (c) as read with section 48 of ACECA; Fraudulent practice in procurement proceeding contrary to section 41 (4) as read with section 137 of the PPDA; making a false document contrary to section 347 (a) as read with section 357 (a) and Engaging in fraud by a person employed in the Public Service contrary to section 127 (2) of the Penal Code.
On 13th Junc.2018 the DPP accepted the recommendation for prosecution.
EACC/l(SM/FI/INQ/34/201 7
Inqt'iry Into Allegations Of Embezzlement Of Public Funds
Amounting To KSh. 2,360,0001= By The Bungoma County
Government Officials And The County Assembly Members.
lnvestigatio;s established that the County Secretary conspired with the County Assembly officials in requesting for KSh. 2,360,000 through lmprgst. The County Secretary wrote a letter requesting for members of the Implementation Committee to .conduct a fact finding exercise on the County Integrated Development on 19th to 30th
September, 2016. The fact finding activity never took place as envisioned by the County Secretary but money was paid.
A report was compiled and forwarded to the DPP on 27th April, 2018 recommending that the suspects be charged with the following offences: Conspiracy to commit an offence contrary to section 47(A)
(3) as read with Section 48; Unlawful disposal of public property contrary to Section 45 (I) (b) as read with section 48(1); Fraudulent acquisition of public property contrary to section 45 (I) (a) as read with Section 48; deceiving principal contrary to section 41(2) as read with section 48 of ACECA. He was also charged with forgery contrary to section 347 as read together with section 349 and uttering false documents contrary to section 353 of the Penal Code
On 12th June, 2018 the DPP accepted the recommendation for prosecution.
EACC/KSM/92 1/80/2017
Inquiry Into Allegations Of Bribery Against A Procurement Officer
Based Al Sigolagala National Polytechnic.
Investigations established that the complainant had been awarded a tender for pi$ing and wiring of the Hospitality Block in the institution at a cost of KSh. 2.6 million. The complainant alleged that the suspect, a procurement officer, demanded for a bribe of 10% of the awarded sum. EACC conducted a trap operation and it became apparent that the complainant is the one who brought up the issue of payment during the conversation with the suspect therefore the whole recorded conversation looked like an entrapment.
A report was compiled and forwarded to the DPP on 20" April, 2018 reconmending that the charges of receiving under the Bribery
Act which were already in court against the suspect be withdrawn. It was further recommended that the suspect be subjected to administrative action for breaching Sections 56, 66 and 67 (on corrupt or fraudulent practices and confidentiality) of the Public Procurement and Asset Disposal Act, 2015-
On 11th June, 2018 the DPP accepted the recommendation to withdraw the case from court.
EACC/Fl/INQ/1 16/2014 inquiry Into Allegations Of Irregular Awqrd Of Tender For
Construction Of A Pre-Fabricated Building For Ksh. 22.5 Million At
The Siaya County Government.
Investigations established that Siaya County Government awarded a tender for pre-fabricated offices at KSh. 22.5 million without following public procurement laws during the financial year
2014/2015. The tender was awarded to a company at KSh. 22.5 million, above the budgeted amount of KSh. 21,671,281.
A report was compiled and forwarded to the DPP on 13th April, 2018 recommending that the ptocurement officers be charged with the offence of conspiracy to commit an offence of economic crime contrary to section 47A (3) and Abuse of office contrary to section 46 as read with Section 48 of ACECA.
On 11th June 2018, the DPP accepted the recommendation for prosecution.
II. EACC/Fl/INQ/9/20 16
Inquiry Into Allegations Of Conspiracy To Defraud Nairobi City
County Government Of Ksh. 8.981,9431= Being Payment OfAppro vol
Of A Building Plan.
Investigations established that an officer from the Nairobi City
County misled M/s Elephant Real Estate company to deposit KSh.
6,281,943 which was part of KSh. 8,981,943 into a private bank
THE KENYA GAZEUE
28th September, 2018
1- account held by a junior County Government official as construction approval fee in reference to the construction of a nineteen storey building in Milimani area.
It was established that no money was paid to Nairobi City County
Government in respect of the application by Elephant Real Estate
Limited. The officials at the Nairobi City County Government informed the complainant that the invoice and receipt he produced purporting to have paid the fees while checking the status of his application were fake.
A report was compiled and forwarded to the DPP on 13th April, 2018 recommending that the suspects be charged with the offences under the Penal Code as follows: conspiracy to defraud contrary to section 317; obtaining by false pretence contrary to section 313;
making a false document contrary to section 347 as read with section
349 and uttering a false document contrary to section 353.
On 18th June 2018, the DPP accepted the recommendation for prosecution.
EACC/Fl/INQII09/201 5
Inquiry Into Allegations Of Irregular Award Of Tender For
Installation Of Solar Street Lights And So/ar Mass In Busia County At
A Total Sum Of Kshs. 108,817,824.251=.
EACC commenced investigations following a report that a company namely Danelec Electrical Services was fraudulently awarded a tender of KSh. 108,817,824.25 by Busia County
Government for solar installation. The investigations established that the money was paid fraudulently to the company's account. The same was transferred to one of the suspect's account and from this account, the money was transferred to NSSF account for the purchase of two houses. One of the houses was purchased for the Governor of Busia
County Government at KSh. 47,000,000.
A report was compiled and forwarded to the DPP on
13h
April, 2018 recommending that the governor of Busia County Government be charged for the offence of making a false document contrary to section 347 as read with section 349 of the Penal Code; dealing with suspect property contrary to section 47 (1) as read with section 48 of
ACECA; the director of Danelee Eleetricals Limited for forgery contrary to section 345 as read with section 349 of the Penal Code;
county officers at the procurement department for willful failure to comply with the applicable law relating to incurring expenditure contrary to Section 45(2) as read with Section 48 of the ACECA; and engaging in a fraudulent procurement practice contrary to section
41(1) as read with see 41(4)0fPPDA.
On 18th May, 2018 the DPP accepted the recommendation for prosecution, however since the file was affected by the decision in the case of Michael Kamau and Others-vs- Ethics and Anti-Corruption
Commission and Others [2016] e KLR. He ordered that fresh investigations be conducted.
EACC/OPS/lNQ/01/2013
Inquiry Into Allegations Of Alleged Loss Of Public Funds Through
The Tarmacking Of Kaptama-Kapsokwony—Sirisia Road
Investigations established that the then Chief Engineer, Roads and
Permanent Secretary Ministry of Roads and Public Works and other public officials ignored the design for the Kamukuywa-Kaptama-
Sirisia Road which had been done by Engiconsulting engineers and the government entered into an MOU with Kundan Singh
Construction Limited thus leading a loss of KSh. 33 million. Further, it was established that the Accounting Officer willfully failed to comply with government financial regulations and procedures.
A report was compiled and forwarded to the DPP on 13th April, 2018 recommending that the Pcrmanent Secretary be charged with the offence of willful failure to comply with applicable procedures and guidelines relating to the management of public funds contrary to section 45(2) as read with section 48 of ACECA ; Abuse of office contrary to section 101 as read with section 102 A of the Penal Code;
The Resident Engineer for the offence of abuse of office contrary to section 101 as read with section 102A of the Penal Code and giving a false document to a Principal contrary to section 41 as read with section 48 of ACECA
On 18th May 2018, the DPP accepted the recommendation for prosecution.
EACC/FIJENQ/l 12/2014
Inquiry Into Allegations Of Irregularities In The Tendering Process
Of Leasing Of Motor Vehicles For The National Police Service (Nps)
Tender No. Tnt/00112014-2015.
EACC commenced investigations into the allegations that there were irregularities in the tendering process of motor vehicles by the
National Treasury for the NPS.
Investigations established that there were no irregularities as there was a budget for the leasing of the motor vehicles the method used was approved and the number of vehicles was procedurally increased from 1200 to 1,500.
A report was compiled and forwarded to the DPP on 19th June, 2018 recommending that the inquiry file be closed since there was no evidence of any irregularity in the aforesaid procurement process.
On 30th June 2018, the DPP accepted the recommendation for closure.
IS. EACC/F1/INQ/103/2016
Inquiry Into Allegations That The National Government Embakasi
North Constituency Fund Committee In The Financial Year
201412015 Allocated Ksh. 32,502,2881= For Roads That Had Been
Constructed By Kenya Rural Roads Authority
Investigations established that the National Govemment Embakasi
North Constituency Fund Committee allocated KSh. 32,502,288/= for the construction of Cinema Road-Dandora Phase 2, Administration
Police Road—Dandora Phase 5 and District Officer's Road Dandora
Phase 3 which had already been constructed by Kenya Rural Roads
Authority. It further established that the said committee allocated
KSh. 8,000,0001= for construction of Maitu Njeri Road a project that was never implemented. Investigations further established infractions in regard to the procurement process.
A report was compiled and forwarded to the DPP on 19th June, 2018 recommending that the suspects be charged with the following offences under ACECA namely; willful failure to comply with the law relating to procurement contrary to section 45 (2) (b) as read together with Section 48 and Conflict of interest contrary to section 42 (3) as read with section 48 of ACECA.
On 2nd August 2018, the DPP accepted the Commission's recommendation for prosecution.
EACC/MLD/1NQ/12/2016
Inquiry Into Allegations That The County Government Of Tana River
Irregularly Awarded A Tender To Supply One Hundred Collapsible
Water Tanks To Regional Drilling And Trading Limited At Ksh.
30,000.0001=
Investigations established that Tana River County Government irregularly awarded a tender worth Kenya Shillings thirty million
(KSh. 30,000,0001=) for purchase of collapsible tanks which was an intervention measure to assist curb the problem of water storage through an unlawful procurement process and that the tender amount was inflated. It was further established that the contractor used forged documents in his bid for the said tender.
A report was compiled and forwarded to the DPP on
19h
June, 2018 recommending that suspects be charged with the following offences under Penal Code, PPADA and ACECA namely; willful failure to comply with the law relating to procurement contrary to section 45 (2) (b) as read together with Section 48; Conspiracy to commit an offence of Economic Crime contrary to section 47A (3) as read with Section 48 (1) of ACECA; fraudulent practice in procurement proceedings contrary to Section 66 as read with section
178 (1) (i) of PPADA and uttering a false document contrary to section 353 of the Penal Code.
On 10th July 2018, the DPP accepted the Commission's recommendation for prosecution.
EACC/ELD/ThJQ/64/2016
Inquiry Into Allegations Of Abuse Of Office, Misapropriation Of
Public Funds And Misuse Of Government Motor Vehicle By The Dcio, Keiyo South Police Divison.
Investigations established that the Director of Criminal investigations had advanced the officer money for use in security
28th September, 2018 THE KENYA GAZETFE 3385 operations. However, the money was lost on account of paid claims on items that were never bought.
A report was compiled and forwarded to the DPP on 19th June, 2018 recommending that the suspect be charged with offences under
ACECA and Penal Code namely; Abuse of office contrary to Section
46 as read with section 48; Fraudulent acquisition of public property contrary to section 45 (I) (a) as read with Sec 48 of ACECA and forgery contrary to sec 349 of the Penal Code.
On 30th June, 2018, the DPP returned the inquiry file and recommended further investigations.
EACC/F1/INQ/21/2015
Inquiry Into Allegations Of Irregular Payment Of Allowances To
Employees And Non-Employees Of The National Industrial Training
Authority (Nta) During The Financial Year 201312014.
Investigations commenced following a report that NITA had irregularly paid allowances amounting to KSh. 1,189,5641= to employees and non-employees in the financial year 2013/2014.
Investigations revealed that the participants were paid retreat allowance and per diems which payments were in conformity with the directive by the Head of Public Service. The payments were therefore lawful.
A report was compiled and forwarded to the DPP on 19th June, 2018 recommending that the file be closed with no further action.
On 2nd July, 2018, the DPP accepted the recommendation for closure.
EACC/MKS/FIJINQ/2/2015
Inquiry Into Allegations Of Embezzelement Of Public Funds, Abuse
Of Office And Conflict Of interest By The Principal Of Mulu
Secondary School.
Investigations commenced following a report that Mulu
Secondary School had not been audited for a long time. It is further alleged that the school principal was trading with the school, abused his powers as a principal and did not follow procurement rules and procedure when procuring materials for the school.
Investigations revealed that the suspect failed to adhere to the procurement laws and procedures, abuse of office and was in direct conflict of interest as an agent.
A report was compiled and forwarded to the DPP on 19th June, 2018 recommending that the school principal be charged with offences under ACECA namely; willful failure to comply with applicable procedures and guidelines relating to procurement contrary to section 45 (2) (b); Failure to disclose a private interest to one's principal contrary to section 42 (I) (a); knowingly making a false statement contrary to section 41 (2) and abuse of office contrary to section 46 as read with section 48 of ACECA.
On 2nd July 2018, the DPP accepted the recommendation for prosecution.
EACC/P1I1NQ/247/20 16 inquiry Into Allegations Of Procurement Irregularities Against
Geothermal Development Company For Single Sourcing Of
Partitioning Work At The Company's Offices And Provision Of
Catering Services.
Investigations commenced following a report that Geothermal
Development Company had engaged in procurement irregularities by single sourcing and awarding two tenders in respect of partitioning work at the company's offices and provision of catering services.
Investigations established that the re-allocation of funds was to fund a capital expenditure and the project was one of the capital expenditures and hence exempted from the restriction imposed on reallocation of funds in accordance with Section 43 (1) (b) of the
Public Finance Management Act, 2012. The investigations established that the tenders were not single sourced as alleged. One tender was procured through open tender while the other was procured using the restricted tendering method.
A report was compiled and forwarded to the DPP on 12th June, 2018 recommending that the file be closed for lack of sufficient evidence.
On 30th June, 2018 the DPP returned the inquiry file recommending further investigations.
EACC/MSAIATIINQ/1/201 7
Inquiry Into Allegations That An Employee Of The Kenya Revenue
Authority (Kra) Received Proceeds Of Corruption Through Her Lulu
Company Limited.
Investigations established that the KRA Officer received bribes of between KSh. 20,000 and KSh. 60,000/= through a proxy from clearing agents to aid in mis-declaration of goods leading to underpayment of taxes.
It was established that although there was no direct evidence linking the suspect with corruption, however, the financial activities of the suspect were suspicious because there was a big variance between assets owned by the suspect and her known legitimate sources.
A report was compiled and forwarded to the DPP on 12th June, 2018 recommending that the public officer be charged with the offence of failure to pay taxes payable to the KRA contrary to section
45(1) (d) as read with Section 48 of ACECA.
On 20th June, 2018 the DPP accepted the recommendation for prosecution.
EACC/NKRJINQ/FL/07/201 5
Inquiry Into Allegations Of Procurement Irregularities Against The
Chief Executive Officer A n d Other Officers Of The R(fI Valley Water
Services Board (Rvwsb).
Investigations commenced to establish whether the Chief
Executive Officer and other officials of RVWSB had abused their offices and irregularly awarded a contract relating to the construction of the Baringo and Boror water pans. It was established that the suspects complied with the requisite law in the subject procurement process.
A report was compiled and forwarded to the DPP on 12th June, 2018 recommending that the file be closed.
On 5th July 2018, the DPP accepted the recommendation for closure.
EACC/INQ/l 5/2016
Inquiry Into Allegations Of Bribery And Impropriety Again.st National
Youth Service (Nys) Officials And Other Persons In An Award Of
Contract For Payment Of Ks/is. 791,385,000/.
EACC commenced investigations following an affidavit filed in court by a suspect in the NYS matter that there were improper interactions by the complainant, NYS officials including the Cabinet
Secretary for Ministry of Devolution and Planning and the Banking
Fraud Investigations Unit officers which led to the loss of KSh.
79 1,385,000/= belonging to NYS.
EACC together with the Directorate of Criminal Investigations conducted the investigations and established that the allegations made against the suspects were bereft of truth, were denied in totality and there was no evidence in support of the same.
A report was compiled and forwarded to the DPP on 12th June
2018 recommending that the complainant be charged with the offence of knowingly misleading a person contrary to section 66(I) (b) as read with section 66(2) of ACECA.
On 11th July, 2018 the DPP returned the inquiry file recommending further investigations.
EACC/MLD/ INQ/FI/09/2015
Inquiry Into Allegations Of irregular Tendering For The Construction
Of A Laboratory At Hindi Secondary School Worth Ks/is.
3,000,000/=.
Investigations established that the Lamu West Member of
Parliament (MP) had irregularly awarded tender number
CDF/LW/201 3-2014 Hindi Secondary School for completion of a science laboratory; particularly construction of drainage, soak pits, gas chamber, fume chamber, plastering and painting. Investigations concluded that there was willful failure to comply with procurement laws on the part of the school management in the tendering process.
A report was compiled and forwarded to the DPI' on 12th June, 2018 recommending that the MI' and other suspects be charged with offences under ACECA and Penal Code namely, willful failure to comply with the law relating to procurement contrary to section 45 (2)
(b) as read with Section 48 (I); Conspiracy to commit an offence of corruption contrary to section 47A (3) as read with section 48 (I) of
ACECA and uttering false document contrary to Section 353 of the
Penal Code. Further, EACC recommended that an advisory be issued to the Constituencies Development Fund Board to educate, train and advise the CDF Managers in Lamu County over their roles in respect of public procurement processes.
On 28th June, 2018, the DPP retumed the inquiry file recommending further investigations.
EACC/Fl/INQ/49/2016
Inquiry into Allegation Of Irregular Procurement Of Two Vehicles By
The County Government Of Kitui
EACC commenced investigations following the AuditorGeneral's report which indicated that there was abuse of office and misappropriation of funds amounting to KSh. 825,000,000/= by the
Executive of KiWi County Govemment. It was established that two vehicles were bought irregularly from D.T. Dobie at a unit cost of
KSh. 13,670,530/= without following proper procurement procedures.
A report was compiled and forwarded to the DPI' on 12th June, 2018 recommending that the officers o1 the said County be charged with offences under ACECA namely, willful failure to cotnply with the law relating to procurement contrary to section 45 (2) (b) as read with Section 48 and engaging in a project without prior planning contrary to section 45 (2) (c) as read with Section 48.
On 29th June 2018, the DPP accepted the recommendation for prosecution.
EACC/NYRJEL/08/201 5
Inquiry into Allegation Of Corruption And Abuse Of Office
On The
Part Of The Members Of The Nveri County Public Service Board in
The Process Of The Hiring Of Sub-County Administrators And Word
Administrators, Investigations established that the Nyeri County Service Board had irregularly appointed Sub-County Administrators and Ward
Administrators. It was established that the applicants who were eventually appointed to the positions had presented false documents.
A report was compiled and forwarded to the DPP on 12th June, 2018 recommending that the suspects be charged with offences under
ACECA and Penal Code namely, Abuse of office contrary to Section
46; conspiracy to commit an offence of corruption contrary to section
47A (3) as read with section 48 of ACECA; Forgery contrary to
Section 349 as read together with Section 345 and 347 (a) and uttering of false documents contrary to Section 353 of the Penal Code.
On 10th July, 2018, the DPP accepted the recommendation for prosecution.
EACC/MLD/INQ/Fi/l 6/20 16
Inquiry into Allegation Of Irregular Procurement And Embezzelemnt
Of Public Funds In The Tender For Construction Of Kadzadani-Adu-
Kamale Water Project in Kill County
Investigations established that the County Government of Kilifi had procured and awarded a tender for construction of Kadzandani-
Kamate Water Project irregularly to Goetech Contractors Limited for a sum of KSh. 36,345,2401=. lnvestigations revealed that the documents submitted by the winning bidder were forged.
A report was compiled and forwarded to the DPI' on 121h June, 2018 recommending that the officials of the said County, directors of
Goetech Contractors Limited and the Cornpnay itself be charged with the following offences under PPDA, ACECA and Penal Code:
Fraudulent practice in procurement proceedings contrary to section
41(1) and (4) as read with section 137 of the PPDA; Fraudulent acquisition of public property contrary to section 45 (I) as read with
Section 48 of ACECA and uttering false documents contrary to section 353 of the Penal Code.
On 30th June 2018, the DPP accepted the recommendation for prosecution.
211. EACC/KIS/INQ/Fi/4/20 17
Inquiry Into Allegation Of Misappropriation Of Public Funds By
Jiomabay County Assembly Officials For Procurement Of Hotel
Services And Payment Of Members Of The County Assembly
Allowances For The Financial Years 201512016 And 201612017
Amounting To Kshs. 35 Million, investigations established that some of the Homabay County
Government officials together with some members of the County
Assembly, (the suspects), had misappropriated County Assembly funds by making irregular payments for allowances and hotel services amounting to KSh. 35 million.
Investigations revealed that the suspects applied for imprest warrants on the pretext that they would pay the participants and the hotel for the services offered and yet the functions did not take place.
The alleged participants denied having attended the meetings in any of the hotels as alleged, nor having received any allowance.
A report was compiled and forwarded to the DPP on 12 June, 2018 recommending that the suspects be charged with offences under
ACECA and Penal Code namely, Conspiracy to commit an offence of corruption contrary to Section 47A (3); Unlawful acquisition of public property contrary to section 45 (1) (a); Abuse of office contrary to section 46; Fraudulent payment from public revenues for services not rendered contrary to section 45 (2) (a) (iii); Willful failure to comply with applicable law relating to incurring of expenditure contrary to section 45 (2) (b) as read with section 48 of ACECA and breach of trust by a person employed in public service contrary to section 127
(I) as read with section 127 (2) of the Penal Code.
On 30th June, 2018 the DPP accepted the recommendation for prosecution.
EACC/FI/INQ/28/20 18
Inquiry Into Allegations That The National Land Commission (N/c) irregularly Compensated Ksh. 3,269,040.6001= To Entities Claiming
Ownership Of Land Parcel Number L.R. 787914 (Part) Where
Ruaraka High School And Drive-In Primary School Are Situated.
Investigations established that the NLC irregularly compensated the purported owners of the land belonging to Ruaraka High School and Drive-In Primary School, LR. 7879/4 (part) in the sum of Kshs.
3,269,040,600.
it was revealed that the subject land was surrendered for public use and theretbre not available for compensation. NLC did not serve notice of intention to compulsorily acquire the land and hence there was no public inquiry for purposes of interrogating the application for compulsory acquisition. The investigations revealed that NLC and other suspects including the officials in the Ministry of Education, the
Nairobi City County Government and the office of the Official
Receiver willfully failed to follGw the relevant law.
The Directors of Afrison Export Import Limited and Huelands
Limited were also established to have participated in the fraudulent paymen; of KSh 1,500,000,000/= since they knew the correct position on the ownership of the subject land.
A report was compiled and forwarded to the DPP on 4th June, 2018 recommending that the suspects be charged with offences under
ACECA and Penal Code namely, Conspiracy to commit an offence of corruption contrary to section 47A (3) as read with section 48;
Willful failure to comply with the law relating to allocation of public property contrary to section 45 (2) (b) as read with section 48, Abuse of office contrary to Section 46 as read with section 48, unlawful acquisition of public property contrary to section 45 (1) (a) as read with Section 48 of ACECA and breach of trust contrary to Section
127(1) as read with Section 127 (2) of the Penal Code.
On 11th June. 2018, the DPP retumed the inquiry file recommending further investigations.
EACC/Fl/INQ/3 1/2006
Inquiry Into Allegations Of Abuse Of Office Against An Employee Of
The Teachers Service Commission, (Tsc) investigations established that there were two recruitment processes, one by the District Education Board and the other by TSC.
That TSC iecruited some candidates directly without them having gone for an interview process therefore the process was not fair and competitive.
28th September, 2018 THE KENYA GAZETTE 3387
A report was compiled and forwarded to the DPP on 19th June, 2018 recommending that TSC be issued with an advisory to put in place policies/guidelines relating to recruitment including guidelines on affirmative action and direct recruitment.
On 30th June, 2018, the DPP concurred with EACC's recommendation that advisory opinion be given to the institution.
EACCINYS/OPSIINQ/3/2018; CASE FILE REF: NO.
255/473/2017
Inquiry Into Allegations Of Bribery Against Judiciary Staff Stationed
At The Karatina Law Courts.
EACC commenced investigations following a complaint that two employees of Judiciary at the Karatina Law Courts were demanding for a bribe of KSh. 25,0001= in order to facilitate the release of a suspect from police custody, the withdrawal of the charges against him and ultimately the termination of Case No. 394/2017 (R- Vs-E. W.
Muriuki) in the Magistrates Court at Karatina.
EACC officers conducted a trap operation at the station and the complainant met the officers who demanded for KSh. 30,000/- from him, which demand was reduced to Kshs. 25,000/= , to be applied thus: KSh. 15,000/= was for cash bail while the balance of KSh.
10,000/= was for the facilitation of the withdrawal of the charges against the complainant's kin. The suspects were handed the threated money. A search was conducted by the EACC officers who found it in a drawer the suspects shared.
A report was compiled and forwarded to the DPP on 25th May, 2018 recommending that the suspects be charged with receiving a bribe contrary to section 6(1) (b) of the Bribery Act and dealing with suspect property contrary to section 47 (1) as read with section 48 of
ACECA.
On 13th June, 2018 the DPP recommended prosecution of one suspect and withdrawal of the case against the other suspect for lack of sufficient evidence.
CR. 148/7/2018, ACC NO. 5/2018
Inquiry Into Allegations Of Bribery Against An Officer Attached To
The Directorate Of Criminal Investigations (Dci).
Investigations revealed that a DCI officer (the suspect) was investigating a complaint of fraud. The complainant, an advocate agreed to meet with the suspect to discuss the status of the case. He met with the suspect who was in the company of other officers who demanded for KSh. 50,0001= from him. When they realized he had no money, he was locked up in the police cell at Ngong' Police Station and forced to make a cash withdrawal of KSh. 20,000/=.
A report was compiled and forwarded to the DPP on 25th May, 2018 recommending that there was sufficient evidence to sustain the charge of bribery as filed in court.
On 11th June, 2018 the DPP accepted the recommendation for prosecution.
EACC/OPS/INQ. 157/2017
Inquiry Into Allegations Of Bribery Against Two Motorists Who
Bribed Ntsa Officers.
A joint operation was undertaken by EACC officers in conjunction with NTSA officers with an aim of ensuring that all motorists in breach of the law were apprehended and arraigned in court. Investigations revealed that the two motorists bribed NTSA officers when found to have committed traffic offences.
A report was compiled and forwarded to the DPP on 4th October, 2017 recommending that the suspects be each charged with the offence of dealing with suspect property contrary to section 47(2) (a) as read with section 48 of ACECA.
On 11th June, 2018 the DPP accepted the recommendation to charge the suspects.
EACC/OPS/INQ/l 62/2017
Inquiry Into Allegations Of Bribery Against A Motorist Who Had
Committed A Traffic Offence.
A joint operation was undertaken by EACC officers in conjunction with NTSA officers with an aim of ensuring Kenyan roads remained accident free and that all motorists in breach of the law were apprehended and arraigned in court. This operation was done at Kiganjo along the Nyeri-Nanyuki road. Investigation revealed that the suspect had committed the offence of operating a public service vehicle without a route license. The suspect was asked to pay a cash bail of KSh. 5,0001= but he offered and gave the NTSA officer
KSh. 2,0001= so that he be allowed to go without any charges being preferred against him.
A report was compiled and forwarded to the DPP on 22nd May, 2018 recommending that the suspect be charged with the offence of giving a bribe contrary to section 5(1) as read with section 18 of the
Bribery Act No.47 of 2016.
On 12th June, 2018 the DPP recommended that although there is sufficient evidence to prosecute, administrative action be taken against the motorist as the amount of time and resources to be used in prosecution will not make economic sense both to government and tax payers.
CR14810412018, CF. ACC.NO. 305/2018:
EACC/MKS/OPS/10/201 7
Inquiry Into Allegations Of Bribery Against Police Officers Attached
To Kajiado Patrol Base.
Investigations through surveillance established that the traffic police officers based at Kajiado Patrol Base were demanding for bribes from the motorists plying the Nairobi-Namanga road. The suspects were arrested and KSh. 4,350/- was recovered from them.
A report was compiled and forwarded to the DPP on 21st May, 2018 recommending that the suspects be charged with the offences under ACECA namely, Dealing with suspect property contrary to section 47(2) (a) as read with section 48; concealing evidence contrary to section 66(1) (c) as read with section 66 (2); abuse of office contrary to section 46 as read with section 48 ; conspiracy to commit an offence of corruption involving Economic Crimes contrary to section 47(3) (a) as read with Section 48 and obstruction contrary to section 66(1) (a) as read with section 66(2).
On 12th June,2018 the DPP accepted the recommendation for prosecution.
CR. EACC 313/483/2017
Inquiry Into Allegations Of Bribery Against An Acting Chief Malindi
Town Location.
Investigations revealed that the complainant complained to the chief about a buyer of land who had defaulted in paying a debt with regard to the sale of his land. The Chief asked for a bribe of KSh.
2,0001= so that he could summon the debtor.
A report was compiled and forwarded to DPP on 27th April, 2018 recommending that the suspect be charged with the offence of receiving a benefit contrary to Section 6 (I) as read with Section 18
(1) of the Bribery Act No,47 of 2016.
On 4th June, 2018 the DPP accepted the recommendation for prosecution.
EACC/OPS/INQ/l 56/2017
Inquiry Into Allegations Of Bribery Against A Motorist To Forbear
Being Charged With The Offence Of Exceeding The Stipulated Speed
Limit.
During a joint operation between the EACC and the NTSA the motorist was found to have exceeded the speed limit when driving his motor vehicle. The motorist offered KSh. 1000/= to the NTSA officer to forbear being charged with the offence of exceeding the stipulated speed limit.
A report was compiled and forwarded to the DPP on 27th April, 2018 recommending that the suspect be charged with the offence of giving a bribe contrary to section 5 (1) as read with Section 18 of the
Bribery Act No.47 of 2016.
On 22nd May, 2018, the DPP ieturned the inquiry file recommending further investigations.
EACC/OPS/INQ/164/201 7
Inquiry Into Allegations Of Bribery .igai,ist A Motorist Along The
Kenol- Sagana Road.
THE KENYA GAZEUE
28th September, 2018
During a joint operation between the EACC and the NTSA officers, the motorist was found to have exceeded the speed limit when driving motor vehicle. The motorist offered KSh. 1000/= to the
NTSA officer to forbear being charged with the offence of exceeding the stipulated speed limit.
A report was compiled and forwarded to the DPP on 27th April, 2018 recommending that the suspect be charged with the offences of giving a bribe contrary to section 5(l) as read with section 18 (1) of the Bribery Act.
On 13th June, 2018 the DPP recommended that although there was sufficient evidence to prosecute the time and resources expected to be used in prosecution do not make economic sense and advised that the matter be dealt with administratively.
EACCIMSA/OPSIINQ/35/20 17 inquiry into Allegations Of Bribery Against A Police Officer Attached
To Likoni Tourist Police Base.
Investigations established that the police officer solicited for KSh.
1000/= from a motorist so as to release the driving license she had confiscated from him for driving a vehicle with a cracked windscreen.
Investigations established that the police officer stopped the motorist and on carrying Out an inspection of his motor vehicle, noted that it had a cracked windscreen. The police officer asked for his driving licence and on receipt of the driving licence, handed it over to another police officer. The complainant informed the police officer that he was going to replace the windscreen but the police officer asked for a bribe of KSh. 1000/=
A report was compiled and forwarded to the DPP on 27th April, 2018 recommending that the suspect be charged with the offence of requesting a bribe contrary to Section 6 (I) as read with section 18 (1) of the Bribery Act No.47 of 2016.
On 12th June,2018 the DPP accepted the recommendation for prosecution.
EACC/OPS/INQ/l 70/2017
Inquiry into Allegations Of Bribery Against A Motorist To Forbear
Being Charged Of A Traffic Offence.
There was a joint operation between the NTSA and EACC following surveillance which had established that road users offered bribes to Traffic Officers on major roads without the officers asking for the bribe.
Investigations revealed that the motorist was arrested for flouting some traffic regulations and was required to pay cash bail of KSh.
5,0001= to secure his release and then appear in court at a later date.
He instead offered a bribe of KSh. 1,5001= as a bribe.
A report was compiled and forwarded to the DPP on 27th April, 2018 recommending that the suspect be charged with the offence of giving a bribe contrary to section 5(1) as read with section 18 of the
Bribery Act No.47 of 2016.
On 11th June, 2018 the DPP accepted the recommendation for prosecution.
EACC/INQUIRY FILE NO. 69/2017
Inquiry into Allegations Of Bribery Against An Officer In Charge, Crimes Parklands Police Station To Release Four Prisoners.
Investigations were done to establish whether the officer in charge of Parklands Police Station demanded for a benefit of KSh. 8,000/= in order to release four ladies who had been arrested for the offence of being idle and disorderly.
A report was compiled and forwarded to the DPP on 27th April, 2018 recommending that the file be closed with no further action since the threshold had not been met to sustain a charge of bribery against the police officer.
On 28th December, 2017, the DPP accepted the recommendation that the file be closed.
CR. 623/227/2017 CF: ACC 2/20 17 inquiry into Allegations Of Bribery Against A Police Officer Attached
At Riot Police Post.
Investigations revealed that a police officer attached to Riat Police
Station improperly requested for KSh. 5,000/= so as not to incriminate the complainant as the principal suspect after the death of the complainant's daughter.
A report was compiled and forwarded to the DPP on 27th April, 2018 recommending that the suspect be charged with the offence of receiving a bribe contrary to section 6 (1) (a) as read with section 18 of the bribery Act No 47 of 2016.
On 4th June,2018 the DPP accepted the recommendation for prosecution.
CR. 421.123/2017 MERU ACC 1/2017
Inquiry Into Allegations Of Bribery Against Police Officers Stationed
At Maua Traffic Sub- Base, Meru County.
Investigations revealed that the two traffic police offieers corruptly requested for KSh. 2,000/= from the complainant in order to release a motor vehicle which had been detained on grounds that it had a broken windscreen.
A report was compiled and forwarded to the DPP on 20th April
2018 recommending that the suspects be charged with the offences under ACECA and Bribery Act namely; receiving a bribe contrary to section 6(1) (a) as read with section 18(1) and (2) of the Bribery Act;
dealing with suspect property contrary to section 47 (2) and conspiracy to commit an offence of corruption contrary to section 47
A (3) as read with section 48 of ACECA.
On 11th June, 2018, the DPP accepted the recommendation for prosecution.
EACC/OPS/INQ/161/201 7 inquiry Into Allegations Of Bribery Against A Driver Of Kongoni
Farm.
There was a joint operation between the NTSA and EACC following surveillance which had established that road users offered bribes to Traffic Police Officers on major roads without the officers asking for the bribe.
Investigations revealed that the suspect, was over speeding at 103 km/hr. He offered KSh. 2,000/= to an NTSA officer to avoid being charged.
A report was compiled and forwarded to the DPP on 20th April, 2018 recommending that the suspect be charged with the following offences under ACECA; Impersonating an Investigator contrary to
Section 34 (1) as read with section 34 (2) and hindering EACC acting under the Act contrary to section 66 (I) (a) and (2) of ACECA.
On 30th May,201 8 the DPP accepted the recommendation for prosecution.
EACC/OPS/ INQ/60/2017 inquiry into Allegations Of Bribery Against An Officer Of Kra.
Investigations revealed that the suspect requested for a financial benefit of KSh. 350,000/= as an inducement from the complainant so as not to fine him KSh. 1,000,0001= for failing to using an Electronic
Tax Register in conducting his business. When the matter was reported to EACC, the investigators treated money which was meant to be given to the suspect in a trap operation. The investigators waited for him to pick the money but he did not show up. When he was contacted by phone, the suspect asked the complainant to pay the
KSh. 1,000,000/= fine that he had been told.
A report was compiled and forwarded to the DPP on 20th April
2018 recommending that the file be closed for insufficient evidence, however administrative action be taken against the suspect.
On 13th June,2018 the DPP accepted the recommendation for administrative action against the suspect.
EACC/OPS/1NQ/I 65/2017 inquiry into Allegations Of Bribery Against A Motorist Driving A
Public Service Vehicle.
Dunng a joint operation between the EACC and the NTSA officers, the motorist was found to be operating a Public Service
Vehicle without a Public Service License and carrying excess passengers along the Kitui- Mutomo road at a place called Mwembe-
Tayari. Upon inspection of the motor vehicle, the NTSA officer noted that it was insured as a private motor vehicle hence not licensed to carry fare paying passengers. It was also noted that the vehicle had an excess of one passenger.
28th September, 2018
THE KENYA GAZETI'E
A report was compiled and forwarded to the DPP on 20th April, 2018 recommending that the suspect be charged with the offences of giving a bribe contrary to section 5(l) as read with section 18 (1) of the Bribery Act.
On 12th June, 2018, the DPP recommended closure of the inquiry file for reasons that although there was sufficient evidence to prosecute the time and resources expected to be used in prosecution will not make economic sense.
EACCINKRJOPSIINQ/10/2017 inquiry into Allegations Of Bribery Against An Administration Officer
Attached Al Sigowet Trading Center.
Investigations revealed that the suspect was always demanding for a financial advantage of KSh. 4,0001= from a local businessman, carrying Out a gambling business without the required documents. A trap operation was organized by the EACC officers where treated money amounting to KSh. 4,0001= was given to the complainant who gave it to the suspect upon demand. It was later recovered from him by the EACC officers.
A report was compiled and forwarded to the DPP on 20th April, 2018 recommending that the suspect be charged with the offence of receiving a bribe contrary to section 6 (I) as read with section 18(1) and (2) of the Bribery Act.
On 4th June, 2018 the DPP returned the inquiry file recommending further investigations.
EACC/OPSIINQ/1 50/2017
Inquiry Into Allegations Of Bribery Against An Administration Police
Officer Attached To Ndarasha Administration Police Post.
Investigations revealed that the Administration Officer demanded for KSh. 20,000/= in order to protect the complainants from accusations which had been lodged at the police post which they alleged to have resolved.
EACC organized a trap operation which established that the suspects had demanded KSh. 20,0001= in order to settle or terminate an alleged case filed against one of the complainant who was a suspect.
A report was compiled and forwarded to the DPP on 20th April, 2018 recommending that the inquiry file be closed since the evidence was not sufficient to sustain bribery charges against the suspect.
EACC however recommended disciplinary action be taken against the suspect.
On 11th June, 2018, the DPP accepted the recommendation for administrative action.
EACC/OPSIINQ/1 58/2017 inquiry Into Allegations Of Bribery Against A Motorist Driving Along
The Bungoma- Eldoret Highway.
During a joint operation between the EACC and the NTSA officers, the motorist suspect was found driving a motor vehicle without a driving license. The suspect in an attempt to forbear charges from being preferred against him for the said traffic offence, offered and gave a financial advantage of the sum of KSh. 200/= to the NTSA officer.
A report was compiled and forwarded to the DPP on 20th April, 2018 recommending that the suspect be charged with the offences of giving a bribe contrary to section 5(1) as read with section 18 (1) of the Bribery Act.
On 4th June, 2018, the DPP accepted the recommendation for prosecution.
EACC/OPS/INQ/1/201 7
Inquiry into Allegations Of Bribery Against A Senior Supervisor
Attached To Car Park And Clamping Section Al The Nairobi City
County.
EACC commenced investigations following a complaint that a senior supervisor at the Car Park and Clamping Section at Nairobi
City County Government was collecting bribes from junior officers attached to the said section.
EACC conducted an operation and arrested junior officers whilst performing their duties at Industrial Area. It was established that the junior officers had not collected any money on the day of the operation hence no money was recovered from them. EACC officers conducted a search on the senior officer's residence but did not recover any money.
A report was compiled and forwarded to the DPP on 20th April, 2018 recommending that the inquiry file be closed with no further action.
On 12th June, 2018 the DPP accepted the recommendation for closure of the inquiry file.
EACC/OPS/INQ/14/2017 inquiry into Allegations Of Bribery Against Employees Of Extra
Group Consultant Limited.
Investigations established that the officials requested for a financial advantage of KSh. 180,000/= from the complainant to withdraw a complaint, for being in possession in the course of trade of counterfeit goods from the Anti-Counterfeit Agency. This was after a search was undertaken at the complainant's phone- shop and some counterfeit mobile phones were recovered in his shop.
A report was compiled and forwarded to the DPP on 20th April, 2018 recommending that the suspects be charged with the offence of requesting for a bribe contrary to section 6(1) (a) as read with Section
18 of the Bribery Act.
On 3rd November, 2017, the DPP accepted the recommendation for prosecution.
CR 641/308/2017 CF ACC. (KISII) 2/2017 inquiry into Allegations Of Bribery Against The Chief Of Kiogoro
Location, Kisii County.
Investigation established that the complainants together with her brother in law asked the chief to write a letter that would be used in transfer of a plot in a succession matter. The chief demanded for KSh.
4,000/= from them before she could write the letter for them.
A report was compiled and forwarded to the DPP on 20th April, 2018 recommending that the suspect be charged for the offence of receiving a bribe contrary to section 6 (1 )(a) as read with section 18
(1)and (2) of the Bribery Act.
On 14th June,2018, the DPP accepted the recommendation for prosecution.
CR. 627/246/2017
Inquiry Into Allegations Of Bribery Against An Administrative Officer
(The Suspect) in The County Government Of Kisumu.
Investigations revealed that the suspect had demanded for KSh.
90,000/= from the complainant in order to process a payment of KSh.
1,540,000/= at the County Government of Kisumu. The payment was for maize and beans that the complainant had supplied to the County
Government of Kisumu in the financial year 2014/2015. The maize and beans were to be distributed to people affected by flooding in
Ahero, Nyando Sub County in the year 2015.
A report was compiled and forwarded to the DPP on 20th April, 2018 recommending that the suspect be charged with the offence of receiving a bribe contrary to section 6(I) as read with section 18(1)
(2) of the Bribery Act No. 14 of 2016.
On 12th June,2018 the DPP accepted the recommendation for prosecution.
EACC/OPSIINQ/66/20 17 inquiry into Allegations Of Bribery Against A Prosecutor Based At
Ngong Law Courts.
Investigations established that the complainant was involved in a non-injury traffic accident along Ngong' Road. Following the accident, the complainant's car was driven to Ngong' Police Station where the complainant paid KSh. 5,000/' cash bail and was to report to court for plea taking. The plea did not take place on the scheduled date. On the day the complainant was expected to take plea, he did not appear therefore the cash bail was forfeited and a warrant of arrest issued against the complainant
The complainant's employer went to court and was informed by the suspect to plead guilty to the offence of careless driving notwithstanding that she was not the driver and asked to pay a fine of
KSh. 20,0001= as well as facilitation fees of KSh. 30,0001= to the suspect.
A report was compiled and forwarded to the DPP on 20th April, 2018 recommending that the suspect be charged for the offence of receiving a bribe contrary to section 6(1) (a) as read with section 18 of the Bribery Act.
On 11th June, 2018, the DPP declined the recommendation for prosecution for lack of sufficient evidence and directed that administrativc action be taken against the suspect.
CR14813112017 Cr- ACC.2412017
Inqui,v Into AIk'gations Of Bribery Against A Traffic Police Officer
Attached To Kiambu Traffic Base, Investigations revealed that the suspect demanded for a bribe of
KSII. 2,0001= so as to forbear charging the complainant with three traffic charges namely driving without a license, disobeying verbal instructions and driving a motor vehicle with a defective hand brake.
A report was compiled and forwarded to the DPP on 20th April, 2018 recommending that the charges already before the court should proceed to logical conclusion and similarly administrative action be taken against the suspect for flouting the provisions of the LIA by demanding for a bribe.
On 12th June. 2018, the DPP accepted the recommendation for prosecution of the case before court to logical conclusion.
EACC/OPSIINQ/I 42/2017
Jnquiry Into Allegations Of Bribery Against Officials Of Kenya
County Government Workers Union.
Investigations revealed that the officials of Kenya County
Government Workers Union were asking for a financial benefit of
KSh. 200.0001= as an inducement to call off a planned strike. The first suspect issued a strike notice to the Nairobi City County Government.
This notice prompted a meeting between the suspects and the County
Government of Nairobi. In the meeting it was deliberated and agreed that the complainant would consult with the Governor before a final decision was made. The first suspect made several calls to the complainant requesting for a benefit of KSh. 1,000,000/= to facilitate the culling off of the strike. The complainant negotiated the benefit to
KSh. 200,0001= before reporting the matter to EACC.
A report was compiled and forwarded to the DPP on 20th April
2018, recommending that the suspects be charged with the offence of receiving a bribe contrary to section 6(l) (a) as read with section 18 of the Bribery Act.
On 11th June, 2018, the DPP accepted the recommendation for prosecution.
37. EACC/MKS/OPSI 10/2016 inquiry IOU? A//ego/ions Of Bribery Against The Assistant
Contmicsioner rVwnang: i)ii.iaion.
llI estigations csthIished that the suspect demanded for KSh.
I (tO,000, = l"roin the coniplammiants who are members of a group ranch in order it, settle an election dispute between two dissenting factions o the group. EACC orgamized a sung operation that led to the arrest of the suspect after he received KSh. 50,000/= treated money.
A report was comp?Ied and forwarded to the DPP on 20th April
211 reconmmnendinu that the suspect he charged with the offences of soliciting for a b'fic contrary to section 39 (3) (a) as read with section
IS (I) of ACECA and section 27 of the Bribery Act.
On 12th .tuiie,2018 the l)PP accepted the recommendation for p OM?CLii ion.
58. EACC/OPS/JNQ/13/2017 im,q sot' Into .1 llegationc Of BriI,eii Against Two Police Officers
.4 tuis/zed To hi .o I n/irs Post.
Investigations established that the suspects demanded for KSh.
40,0001= from the two complainants. The two complainants had purchased a pnntinn machine with an aim to offer printing and laminating services but could not agree on how to carry Out the business. One of the complainants carted away the machines prompting the other complainant to report him at the Police Station.
The police officers arrested the complainant who had been accused of running away with the said machines and released him on a cash bail of KSh. 5,0001=. The machines which were in custody of the police were to be released to the complainant who now lodged the complaint at the police station. The suspect police officers demanded for KSh.
40,000/ in order to release the machines.
A report was compiled and forwarded to the DPP on 20th AprIl
2018 that the suspects be charged with the offence of receiving for a bribe contrary to section 6(1) as read with section IS of the Bribery
Act.
On 1st December, 2017, the DPP returned the Inquiry file recommending further Investigations.
EACC/OPSIINQ/NO/160/201 7
Inquiry Into Allegations Of Bribery Against A Driver With The
Minimy Of Lands, Kakamega County.
During a joint operation between the EACC and the NTSA officers the motorist was found driving a motor vehicle under the influence of alcohol along the Kakamega-Mumias road. The suspect was informed that he would be arraigned in court for the offence and he asked about the amount of the cash bail to which he was told that whatever he would give would be receipted. The investigations established that from the conversation between the suspect and the officer, he did not unequivocally offer a bribe.
A report was compiled and forwarded to the DPP on 19th June, 2018 recommending that the file be closed with no further action.
On 29th June, 2018, the DPP accepted the recommendation for closure.
EACC/NKR/OPS/INQ/07/201 7
Inquiry Into Allegations Of Bribery Against Agency Officers in
Kisumu County.
Investigations revealed that the employees from Anti-Counterfeit
Agency carried out inspection and seizure of gounterfeit items from electronic shops and demanded for bribes from those arrested.
Investigations established that one of the suspects solicited and received a benefit from the complaint along the Kencho-Litein road.
The suspect collected the bribe at a feeder road where he had directed the complainants.
A report was compiled and forwarded to the DPP on 19th June, 2018 recommending that the suspects be charged with the following counts: Receiving a benefit contrary to section 6(1) (a) as read with section 18 of the Bribery Act and dealing with suspect property contrary to section 47 (1) as read with section 47 (2) (a) and section
48 of ACECA.
On 2nd July, 2018 the DPP accepted the recommendation to prosecute.
EACC/OPS/INQ/OP/4/201 7
Inquiry Into Allegations Of Bribery Against Traffic Police Officers At
Grassland Area Along The Ki:ale-Webuye Highway.
Investigations established through surveillance that the suspects collected bribes from motorists on the road. Footages captured at different times indicated that the money would be folded and dropped by the drivers or conductors and would shortly thereafter be picked by the officers.
However, the images taken of the police officers at the scene were not very clear due to poor visibility. Similarly, the footages did not clearly show the faces and force numbers of the police officers who were collecting the bribes. Money was recovered by the EACC officers from the suspects. However, the evidence gathered did not link the suspects with corrupt conduct and the suspects were also not linked with the video footages captured.
A report was compiled and forwarded to the DPP on 19th June, 2018 recommending that the file be closed with no further action since the evidence gathered was not sufficient to sustain any charges against the suspects.
On 30th June, 2018 the DPP accepted the recommendation for closure.
28th September, 2018
62. EACC/OPSIINQ/23/201 7
65. EACC/OPS/INQ/l 08/2017
Inquiry Into Allegations Of Bribety Against A Mombasa County
Government Inspectorate Officer.
Investigations established that the suspect, an Inspectorate officer requested for a bribe of KSh. 10,0001= from a driver of a truck so as not to charge him for driving a truck within the city center without a permit.
While negotiating for a reduction of the bribe, the suspect noticed that the vehicle parked ahead of the truck had some occupants who were filming them. On enquinng the suspect was informed by the occupants that they were officers from EACC. They wanted to arrest him but he resisted and a scuffle ensued. In the process, the windscreen of the truck was broken. The suspect did not receive the bribe.
A report was compiled and forwarded to the DPP on 19th June, 2018 recommending that there was sufficient evidence to charge the suspect for the following offences under ACECA and Penal Code namely assaulting an officer contrary to section 66 (1) (a) and (2), obstruction contrary to section 66 (I) (a) and (2) of ACECA and malicious damage to property contrary to section 339(1) of the Penal
Code.
On 29th June, 2018 the DPP accepted the recommendation for prosecution
63. EACC/OPSIINQ/NO/27/201 7
Inquiry Into Allegations Of Bribery Against Officers At The Ministry
Of Lands, Kilfi County.
Investigations established that the suspects demanded for a bribe as facilitation to process title deed for the complainant. The complainant had begun the process of legally acquiring the land. He requested the area chief to prepare a ground report so that he could take it to the Land Adjudication Office for the registration process to begin. However, the process took long and a friend proposed to him to seek the assistance of one of the suspects. One of the suspects told the complainant that they would assist save for payment of a bribe of
KSh. 150,000/=
Investigations revealed that the suspects received KSh. 80,0001= from the complainant.
A report was compiled and forwarded to the DPP on 19th June, 2018 recommending that the suspects be charged with offences under the Bribery Act namely; requesting a bribe contrary to section 6 (1)
(a) as read with section 18 (1) and receiving a bribe contrary to section 6(1) (a) as read with section 18(1) and (2) of the Bribery Act.
On 10th July, 2018 the DPP declined the recommendation for prosecution and directed that file be closed with no further action against the suspects.
64. EACC/OPSIINQ/I 39/20 16
Inquiry Into Allegations Of Bribery Against Two Officers Of The
Department Of Registration Of Persons Attached To Kibera Hudunia
Centre.
The Commission commenced investigations following a report that officers at the Department of Registration of Persons attached to
Kibera Huduma Centre, solicited for KSh. 30,000 from a member of the public as inducement to help fast track processing of an identity card.
A surveillance was conducted by EACC officers who established that the allegations were true and that the suspects who were stationed at the center were soliciting and receiving bribes. The then officers conducted a sting operation where one of the suspects received KSh.
8,000/= and KSh 2,0001= from the other suspect. Upon search, the treated money was recovered by EACC officers.
A report was compiled and forwarded to the DPP on 13th April, 2018 recommending that one of the suspects be charged with the offences of soliciting and receiving a bribe contrary to Section 39 (3)
(b) as read with Section 48 of ACECA. EACC further recommended
Administrative action against the other suspect for performing her duties in an unprofessional manner.
On 4th June, 2018 the DPP accepted the recommendation for prosecution against one suspect and declined the recommendation for administrative action against the other.
Inquiry Into Allegations Of Bribe,:t' Again.t A I'olice Officer At
Kayole Police Station.
EACC commenced investigations following a report that a Police
Officer had requested for a financial advantage of KSh. 10,0001= as an inducement to facilitate the release of a suspect from police custody. EACC officers conducted an operation at the Kayole Police
Station. The suspect, received KSh. 6,0001=.
A report was compiled and forwarded to the DPP on 13' April, 2018 recommending that the suspect be charged with the offence of receiving a bribe contrary to Section 6 (1) (a) as read with Section 18 of the Bribery Act and concealing of evidence contrary to Section 66
(1) (c) as read with section 66(2) of ACECA.
On 24th May, 2018 the DPP accepted the recommendation for prosecution.
EACC/OPS/lNQ/41/2014
Inquiry Into Allegations Of Obstruction Of Eacc Officers From
Performing Their Duty By An Officer Of The County Government Of
Nairobi.
The Commission commenced investigations following a report that an officer from the County Government of Nairobi City had demanded for a bribe after impounding a motor cycle from a boda boda operator for the offence of obstruction before he coeld release the motor cycle to the boda boda operator.
The investigations lcd to officers visiting a yard 4nd while at the yard, EACC officers tried to arrest the suspect suspected of corrupt conduct. As EACC officers tried to arrest him, a commotion ensued whereby two of the suspect's colleague tried to rescue a colleague who had been arrested on suspicion of corrupt practices. The suspect managed to run away with handcuffs and KSh. 3,000/= that had been used as trap money. He was later arrested by EACC officers.
A report was compiled and forwarded to DPP on 13 April, 2018 recommending that the file be closed due to insufficient evidence against the suspect on the charges of obstruction contrary to Section
66(1) as read with Section 66(2) of ACECA.
On 6th June, 2018, the DPP accepted the recommendation for closure.
CR. 421/216/2016
Inquiry Into Allegations Of Bribery Against .1 Probation Officer At
Isiolo Probation Office
EACC commenced investigations folloinu a repoit Iliat a
Probation Officer from lsiolo Probation Office was demanding
KSh.1500/= from the complainant on account of his supervisory duties.
Investigations established that the complainant had been found guilty of manslaughter in Meru Crim. Case No. 14 of 2014, Republic- vs- Joseph Peter. The court issued a probation order which the complainant was required to comply with and upon conviction the complainant was sent to Isiolo for Probation Oflice for supervision.
The suspect was his supervisor. In due course, the suspect told the complainant that in order to stay in harmony with the victim's family he needed to pay a small token to the victim's wife. They agreed in a meeting that the complainant pays the victim's family KSh. 40,000/.
KSh. 30,0001= would be paid by the complainan(s father and KSh.
10,000/= would be paid by the complainant. The Coinplainants fiuilier thought that the suspect was extorting money from him and lailcd to honour his part of the bargain. The compltinant was airaid ihm he may be prejudiced by the conduct of the suspect and he reportcd the matter at EACC.
A report was compiled and forwarded to the DPP on 13th April, 2018 recommending that in exercise of its mandate under section Il
(1) (g) of EACA, EACC advices the probation Department on the dangers of exceeding their mandate when supervising prohationers and the need to adhere to the law tinder the Probation of Offenders
Act.
On 22nd May, 2018, the DPP declined the recommendation for administrative action and directed for prosecution of the suspect for the offence of abuse of office.
3392 THE KENYA GAZETI'E 28th September, 2018
EACCIMSA/OPS/INQ/39/20 16
Inquiry Into Allegations Of Corruption Against Two Officers Of
Kenya Film Class (/Ication Board Mombasa.
EACC commenced investigations following a report that the two officers employed by Kenya Films Classification Board had solicited for a bribe of KSh. 50001= from the complainant as an inducement so as to issue a license and to release stock of CDs which had been confiscated during a raid.
Investigations revealed that the suspects did not solicit for money from the complainant but EACC officers recovered the treated money from the one of the suspects. However, the suspects were required under law not to collect fines but issue compliance notices and arrest those who fail to comply with the notice.
A report was compiled and forwarded to the DPP on 13th April, 2018 recommending that the Board institutes internal disciplinary action against the suspects for breach of Section 29 of Leadership and
Integrity Act.
On 6th June, 2018, the DPP accepted the recommendation for administrative action against the suspects.
EACC/ISL/OPS/23/2016
Inquiry Into Allegations Of Bribery Against Three Police Officers
Based At Anthubeiya Ap Camp In Tigania West, Meru County
EACC commenced investigations following a report that Police
Officers based at Anthubeiya A.P. camp corruptly solicited for a benefit of KSh. 20,000/- from the complainant as an inducement to forbear charging her for alleged offence of being in possession of illicit brew. Investigations conducted by EACC established that one of the officers received the bribe from the complainants while the other two accepted to receive a share of bribe from the officer who received.
A report was compiled and forwarded to the DPP on 13th April, 2018 recommending that the suspects be charged with offence of soliciting for a benefit and jointly receiving contrary to section 39(3) as read with section 48 of ACECA.
On 18th June, 2018, the DPP accepted the recommendation for prosecution.
EACC/ELD/INQ/OPS/23/20 17
Inquiry Into Allegations Of Bribery Against Three Enforcement
Officers Of County Government Of Trans-Nzoia To Allow For
Construction OfA House Without An Approved Plan.
EACC commenced investigations following a report that three enforcement officers demanded for a benefit of KSh. 45,000/- in order to allow the complainant to continue with the construction without following due procedure. Investigations revealed that the suspects were arrested after they corruptly received KSh. I 0,0001=.
A report was compiled and forwarded to the DPP on 13th April, 2018 recommending that the suspects be charged with offence requesting, agreeing to receive and receiving a benefit contrary to section 39 (3) as read with section 48 (1) (2) and conspiracy to commit an offence of corruption contrary to section 47 (A) (3) as read with Section 48 (1)ofACECA.
On 7th May 2018, the DPP accepted the recommendation for prosecution.
CR. 148/35/2017 CF.ACC.25/201 7
Inquiry Into Allegations Of Bribery Against Police Officers Attached
To Makongeni Traffic Sub-Base Regarding Dealing With Suspect
Property
EACC commenced investigations following a report that police officers along Muthurwa Road were collecting bribes from matatus.
Investigators conducted a surveillance operation and a police officer was seen stopping and boarding matalus without inspecting motor vehicles. A sting operation conducted by the surveillance team led to the arrest of the suspect and recovery of KSh. 5,2501= from his trousers pocket.
A report was compiled and forwarded to the DPP on 19th June
2018 recommending that the charges be withdrawn due to insufficient evidence to sustain the charges already in court namely; dealing with suspect property contrary to Section 47 (2) of ACECA.
On 28th June 2018, the DPP had recommended that since the matter was in court, the verdict of the court should be awaited.
EACC/OPSIINQ/12/201 7
Inquiry Into Allegations Of Bribery Against An Employee Of The
Judiciary.
EACC commenced investigations following a report that an employee of the Judiciary had received a benefit of KSh. 50,0001= through a proxy from a litigant in a judicial review matter that was pending determination before a judge at the Milimani High Court, as an inducement to influence a ruling that was to be delivered.
Investigations established that the first suspect solicited and received
KSh. 50,0001= while the second suspect offered and gave a bribe of
KSh. 50,000/=.
A report was compiled and forwarded to DPP on 19th June, 2018 recommending that the suspects (the giver and taker) be charged with offence of soliciting, offering and receiving a benefit contrary to section 39 (3) (a) and (b) as read with section 48 of ACECA and
Section 27 of the Bribery Act.
On 30th June, 2018 the DPP accepted the recommendation for prosecution.
CR. B1/18/2018
Inquiry Into Allegations Of Corruption Against A Police Officer
Attached To Bondo Police Station.
EACC commenced investigations following a report that a police officer was requesting for a financial advantage of KSh. 5,000/= in order to release a public service vehicle which he had detained at
Ndori Police Post for an unspecified offence.
Investigations established that the suspect solicited and received a benefit of KSh. Kshs. 5,000/=.
A report was compiled and forwarded to the DPP on 19th June, 2018 recommending that the suspect be charged with offence of receiving a bribe contrary to section 6 (1) (a) as read with sec 18 (I)
(2) of the Bribery Act.
On 29th June, 2018, the DPP accepted the recommendation for prosecution.
CR. 921/174/2018
Inquiry Into Allegations Of Corruption Against Employees Of
Kakamega County Water And Sanitation Company.
EACC commenced investigations following a report that two officers of Kakamega County Water and Sanitation Company were demanding for a benefit of KSh. 5,000/= from the complainant so as not to make an arrest over illegal water connection. A trap operation was organized and the suspects arrested by EACC officers upon receipt of the treated money.
A report was compiled and forwarded to the DPP on 19th June, 2018 recommending that the suspects be charged with offence of receiving bribe contrary to section 6(1) (a) as read with sec 18(1) (2) of the Bribery Act.
On 30th June, 2018 the DPP accepted the recommendation for prosecution.
EACC/MCKS/OP/I1'4Q/44/2017
Inquiry In Respect Of Allegations Of Bribery Against Traffic Police
Officers Attached To Makueni Traffic Unit, Makueni County
EACC commenced investigations following a report that a police officer had arrested the complainant and detained his motorcycle for lack of insurance certificate and went ahead to demand a bribe of
KSh. 5,000/= in order to forbear charging him for the traffic offence.
EACC conducted a sting operation whereby KSh. 4,000/= was recovered from the suspect.
A report was compiled and forwarded to the DPP on 12th June, 2018 recommending that the suspects be charged with offences under
ACECA, Bribery Act and National Police Service Act (NPSA)
28th September, 2018 namely; receiving a bribe contrary to Section 6 (1) of Bribery Act;
concealing of evidence contrary to Section 66 (I) of ACECA and
Failure to record a complaint contrary to Sec 50 (1) and (4) as read with Section 129 of NPSA.
On 30th June, 2018 the DPP accepted the recommendation for prosecution.
EACC/OPS/l 71/2017 inquiry Into Allegations Of Bribery Against A Motorist Along The
Nairobi-Narok Road.
EACC and the National Transport and Safety Authority conducted a joint operation with a view to arresting motorists who were flouting traffic laws and offering bribes to avoid being charged.
Investigations established that whereas the motorist committed the traffic offence, the officers conducting the operation entrapped him to giving KSh. 10001= as bribe.
A report was compiled and forwarded to the DPP on 12th June, 2018 recommending that the file be closed for insufficient evidence but NTSA to arraign the suspect for traffic officers namely: operation of a public service vehicle without a valid license by the Authority under Regulation 15(1) of the NTSA (Operation of Public Service
Rules).
On 29th June, 2018 the DPP accepted the recommendation for closure of the inquiry file with no further action against the suspect.
CR.148/34/2017 CF. NAIROBI ACC.21/2017 inquiry Into Allegations Of Bribery Against A Motor Vehicle
Inspector With Ntsa
EACC commenced investigations following a report that a motor vehicle inspector with NTSA requested for a benefit amounting to
KSh. 50001= from the complainant as an inducement to facilitate the release of number plates for his motor vehicle. A trap operation was conducted and an agent received KSh. 7000/= on behalf of the aforesaid officer.
A report was compiled and forwarded to the DPP on 12th June
2018 recommending that there was sufficient evidence to charge the said officer with offence of receiving a bribe contrary to Section 6(1) as read with Section 18 (1) and the agent be charged with the offence of assisting in bribery contrary to Section 13 (1) (a) as read with
Section 18 (I) and (2) of the Bribery Act.
On 20th June, 2018 the DPP accepted the recommendation for prosecution.
EACC.NKR/INQ/OPS/I/2017
Inquiry Into Allegations Of Bribery Against A Motorist Who Bribed A
Motor Vehicle Inspector Attached To Nisa Kakamega.
Investigations revealed that the motorist was driving a public service vehicle without a valid TLB licence, contrary to a section 41 of the National Transport and Safety Authority Act, 2012. In his attempt to forbear charges from being preffered against him for the said offence, he offered and gave a financial advantage of the sum of
KSh. 500/'= to a NTSA officer.
A report was compiled and forwarded to the DPP on 27th April, 2018 recommending that the suspect be charged with the offence of giving a bribe contrary to section 5(l) as read with Section 18 of the
Bribery Act No 47 of 2016.
On 11th June, 2018 the DPP accepted the recommendation for prosecution.
EACC/KSM/EL/INQ/24/20 17
Inquiry Into Allegations That An 0dm Nominee For Manyatta B
Ward, Kisumu East Constituency, Kisumu County Had No Academic
Papers.
Investigations revealed that the nominee did not meet the minimum qualifications to vie for the MCA for Manyatta B Ward in
Kisumu County. She sat for her KCSE examination as a private candidate in the year 2015 and obtained a mean grade of D. She then enrolled at the KCA University for a one-year diploma course in
County Management and Govemance in January 2016 but was yet to graduate.
She submitted a self-declaration form from EACC where she declared herself as a diploma holder. She submitted the said declaration form together with a completion letter from KCA
University purportedly to be from KCA University confirming that she had successfI.illy completed her diploma course. The letter from
KCA was not authentic and that it was prepared by a clerk at the KCA
University without authority.
A report was compiled and forwarded to the DPP on 22nd May, 2018 recommending that the suspects be charged with two offences of forgery contrary to section 349, making a document without authority contrary to section 357 of the Penal Code and providing false information to the EACC contrary to section 46(1) (d) as read with section 46(2) of the Leadership and Integrity Act.
On 6th June, 2018 the DPP returned the inquiry file recommending further investigations.
EACC/GSA/EL/INQ/003/20 IS
Inquiry Into Allegations Of irregular Recruitment Of Ahalatiro
Assistant Chief By The Deputy County Commissioner ijara Sub
County.
Investigations revealed that there was a vacancy for the post of
Assistant Chief occasioned by the promotion of the then Assistant
Chief to the position of Chief, Kotile Location. Adverts were prepared, applications received and applicants were shortlisted. The shortlisted candidates were invited for interviews. The Assistant
Chief in question was established not to have applied nor or participated in the interviews It was established that the suspect misled the Regional Coordinator for the region into irregularly appointing the Assistant Chief.
A report was compiled and forwarded to the DPP on 22nd May, 2018 recommending that the suspects he charged with the offences of
Abuse of office contrary to section 46, Knowingly using a misleading document to one's principal contrary to section 41(l) as read with section 48 (1) of ACECA and providing false information to EACC contrary to section 46 (1) (d) as read with section 46 (2) of the
Leadership and Integrity Act, 2012.
On 12th June,2018, the DPP accepted the recommendation for prosecution.
EACC/ISL/ELIINQ 18/2017
Inquiry into Allegations Of Diversion Of Relief Food By An Employee
Of The National Drought Mangement Authority, (Ndma)
Investigations revealed that an employee of NDMA (driver) had on the instruction of the Principal Leparuka Mixed Day Secondary
School delivered food meant for Leparuka Mixed Day Secondary
School at Towfiq timber yard within Isiolo Town so that it could be collected at a later date. The principal also stated that he had made plans for storage of the food and its transport if the driver was unable to deliver it.
A report was compiled and forwarded to the DPP on 27th April, 2018 recommending that the file be closed and administrative action be taken against the principal of Leparuka Mixed Day Secondary
School and the driver of NDMA.
On 12th June, 2018, the DPP accepted the recommendation that the file be closed with no further action.
EACC/EL/INQ/l 19/20 15
Inquiry Into Allegations Of Fals/ication Of Academic Papers To
Secure Employment As A Public Officer With The Ministry Of
AgricultURE.
Investigations established that a public officer had secured employment and had been working therein since 1989 at the Ministry of Agriculture using false documents. It was found that the suspect had falsified documents and had been working at the Ministry of
Agriculture.
A report was compiled and forwarded to the DPP on 13th April, 2018 recommending that the suspect be charged with offences under the Penal Code namely; uttering false document contrary to section
353 as read with section 349 and personation of a person named in a certificate contrary to section 384, of the Penal Code.
-
THE KENYA GAZEUE
28th September, 2018
On 30th June 2018, the DPP returned the inquiry file recommending further investigations on the matter.
EACC/ELIINQ/25/2016
Inquiry Into Allegations Of Unethical Conduct Against Officers Of
Migori County Government And Kenya Defence Forces Sharing Both
Kcpe And Kcse Certificates.
Investigations established that two officers were sharing similar certificates. Investigations revealed that one of the suspects falsely represented himself to gain employment at the National Police
Service. He presented documents belonging to an officer working at
Kenya Defence Forces.
A report was compiled and forwarded to the DPP on 13" April, 2018 recommending administrative action against the suspect by the
Kenya Police Force and further that the suspect be charged with the offence of personation of a person named in a certificate contrary to
Section 384 of the Penal Code.
On 9th May, 2018, the DPP accepted the recommendation for prosecution.
EACCIKIS/ELIINQ/5/201 7
Inquiry Into Allegations Of Forgery And Uttering Of False Academic
Documents Against A Ward Administrator At Masige East Ward In
Kisii County To Secure Employment.
EACC commenced investigations following a report that the Ward
Administrator forged and uttered false documents with the intention of securing employment at the County Govemment of Kisii.
Investigations revealed that he was successfully employed in the said County Government using forged documents.
A report was compiled and forwarded to the DPP on 13th April, 2018 recommending that the suspect be charged with the offences of forgery of a document contrary to Section 349 of the Penal Code and uttering a false document contrary to Section 353 as read with Section
349 of the Penal Code. The Commission further recommended recovery of the salary amounting to KSh. 3,162,452.90/= he had irregularly earned.
On 9th May, 2018 the DPP accepted the recommendation for prosecution of the suspect.
EACC/ISL/ELIINQ/09/201 7
Jnqui,y Into Allegations Of Irregular Employment Of Health Officeri
By Meru County Executive Com,nittee Member For Health.
EACC commenced investigations following a report that there were irregularities in the appointment of three officers at the Meru
County Government by the County Service Board.
Investigations established that the appointments were irregular as alleged and that the officers had not been introduced to the county payroll yet they continued to serve.
A report was compiled and forwarded to the DPP on 13th April, 2018 recommending that one of the suspects being the County
Executive Committee Member for Health be charged with offence of abuse of office contrary to section 46 as read with section 48 of
ACECA.
On 23rd May, 2018, the DPP accepted the recommendation for prosecution.
EACC/OPS/INQ/92/20 17
Inquiry Into Allegations Of Bribery Against An Operations Officer Of
Perimeter Protection Limited At Kenyatta Market.
Investigations established that an Operations Officer was demanding for a benefit of KSh. 3,000/= so as to renew a contract of employment of one of the employees of Perimeter Protection Limited.
Investigations established that the suspect solicited for KSh.
3,0001= and received KSh. 2,000/= through his colleague in the office.
A report was compiled and forwarded to the DPP on 19th June, 2018 recommending that the suspect be charged with the offence of receiving a bribe contrary to section 6 (I) as read with section 18 of the Bribery Act.
On 29th June, 2018 the DPP accepted the recommendation for prosecution.
EACC/KSM/ EL/ INQ /2/2016
Inquiry Into Allegadons Of Rape, Defilement And Child Prostitution
By Two Kisii County Assembly Members.
Investigations established that two members of County Assembly had defiled school going girls hence their conduct was contrary to the
Leadership and Integrity Act. It was established that they had already been charged with sexual offences for infringement of children's rights to protection from sexual exploitation, rape and defilement against three school going girls.
A report was compiled and forwarded to the DPP on 19th June, 2018 recommending that the file be closed since the accused are no longer state officers and that the criminal matter pending in court against them be pursued to finality.
On 29th June, 2018 the DPP noted that EACC should hold the file in abeyance pending outcome of the criminal case against the suspects for the charge of defilement.
EACCIELD/ EL/ INQ /5/2015
Inquiry Into Allegations That The Chief Koilot Location Failed To
Assist The Nandi East District Surveyor Execute A Court Order
Within His Jurisdiction
The Commission commenced investigations following a report that the chief had failed to assist the Nandi East District Surveyor execute a court order dated 2nd August, 2011 which required the said surveyor to sub-divide a parcel of land.
It was established that the suspect did not hinder the subdivision of the suit property since every time there was an attempt to subdivide the Suit property the suspect would sent his assistant chief to represent him.
A report was compiled and forwarded to the DPP on 19th June, 2018 recommending that the file be closed for lack of evidence.
On 30th June, 2018 the DPP accepted the recommendation for closure.
EACC/MLD/ ELI INQ /7/2017
Inquiry Into Allegations That There Was Lack Of Transparency And
Fairness In The Recruitment Of Drivers By Kili/i County Public
Service Board.
EACC commenced investigations following a report that there was lack of transparency and fairness in the recruitment of drivers by the Kilifi County Service Board. It was established that the Board had advertised for the vacancies of drivers and 57 were successful for the position. The recruitment process having been conducted by the
County Service Board was established to have followed the right procedure and that there was no evidence of breach of ethical conduct on the part of the members of the Service Board.
A report was compiled and forwarded to the DPP on 19th June, 2018 recommending that the file be closed for lack of evidence.
On 30th June, 2018 the DPP accepted the recommendation for closure.
EACC/ EL/ ENQ /96/2015
Inquiry Into Allegations That A Women Representative Refused To
Service A Loan Repayment Of Kshs. 8.605,908.401= A Loan She Had
Taken From Un-Sacco While In The Employ Of Unwj.
Investigations established that the suspect had taken a loan of
KSh. 8,605,908 .40. from UNSACCO while she worked at UN World
Food Programme and that she defaulted in repayment after she resigned and joined politics in 2013.
A report was compiled and forwarded to the DPP on 19th June, 2018 recommending that the file be closed with no further action for lack of evidence.
On 30th June 2018, the DPP returned the inquiry file and recommended further investigations.
EACC/MCKS/ EL/ INQ /7/2016
Inquiry Into Allegations Of Payment Of Per Diem To Officers For A
Two Day Workshop At Kenya School Of Government Nairobi Which
Was Never Attended By The Officers Of Kitui County Government.
28th September, 2018 THE KENYA GAZETTE 3395
EACC commenced investigations following a report that there was embezzlement of funds in Kitui County Government through false per diem claims for a training that was never attended.
Investigations revealed that four representatives of Kitui County
Government attended a meeting at KSG in April, 2016 were not paid per diem. The group that was paid KSh. 167,300/= were staff members who had gone for an inspection exercise which was carried out in March 2016. Evidence obtained showed that all payments made for the March 2016 were supported by the required documents.
Investigations established that the there was no false claim for perdiem and hence no breach of any law or procedure and or regulations.
A report was compiled and forwarded to the DPP on 19th June, 2018 recommending that the file be closed.
On 30th June, 2018, the DPP accepted the recommendation to close the file.
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 66
No. of files recommended for administrative or other action
No. of files recommended for closure 18
No. of files recommended for prosecution and the cases are already_lodged before Court
No. of files where recommendation to prosecute accepted 53
No. of files where recommendation for administrative or other action accepted
No. of files where recommendation for closure accepted 16
No. of files returned for further investigations 10
No. of files where recommendation to prosecute not accepted
No. of files where recommendation for administrative or other action not accepted
No. of files where closure not accepted 0
No. of files in abeyance awaiting the DPP's advice 0
No. of files where prosecution declined but administrative action recommended
Dated the 21st September, 2018.
ARCH. (RTD.) ELIUD HALAKHE D. WAQO
WABUKALA
Chairman. Secretary, Chief Executive
Officer.
PIG 654/18-19
GAZETrENoTICENO. 10015
THE CROPS ACT
PROPOSED GRAr OF LICENSES
NOTICE is given that pursuant to section 20 (6), (7) and (8) of the
Crops Act, the Agriculture and Food Authority proposes to grant licences to the following applicants;
Name of Applicant Purpose of Licence Location
IIDICO Company Coffee exports, imports Nanyuki Road, Limited and value Industrial Area, addition/roasting and Nairobi packaging
Sanaark Investments Coffee exports, imports Utawala, Embakasi, Limited and value L.R. No. 330 addition/roasting and Nairobi packaging
Kencoff Quality Coffee exports, imports Kariobangi
Products Limited and value Lflndustries, addition/roasting and Card. Maurice packaging Otunga Road, Nairobi
Pick and Pick Coffee exports, imports Apt. 3Cl- Masultan
Coffee Growers and value Boma, Limited addition/roasting and Ngong Road, packaging Nairobi
Njagu Trading Direct sales of coffee and Valley View
Limited value addition/roasting Business Park, and packaging City Park Drive, Nairobi
Any objections to the proposed grant of licence with respect to the applicants, should be lodged in writing with the Agriculture and Food
Authority, Coffee Directorate, Coffee Plaza Building, along the
Exchange Lane, Off Haile Selassie Avenue and of P.O. Box 30566-
0100, Nairobi, within fourteen (14) days from the date of this notice.
The objection should state clearly the name, address and telephone
No of the person/s or entity objecting, the reasons for the objection to the grant of the licence and should be signed by the objector.
The Agriculture and Food Authority proposes to issue the licence to the applicants who will have complied with the Crops Act of 2013, the Coffee (General) Regulations, 2002 and the Coffee (General)
(Amendment) Rules, 2006 and any other relevant written law on 22nd
October, 2018.
Dated the 24th September, 2018.
ISABELLA G. NKONGE, for Interim Director General
MR15 353293 Agriculture and Food Authority.
GAZETFE NOTICE NO. 10016
THE UNCLAIMED FINANCIAL ASSETS ACT
(No. 40of2011)
THE UNCLAIMED FINANCIAL ASSETS AUTHORITY
No OBJECTION
NOTICE is issued pursuant to regulation 12 of the Unclaimed
Financial Assets Regulations, 2016 that the Unclaimed Financial
Assets Authority has received claims for unclaimed assets from the following persons claiming as administrators of the estates of deceased persons and agents of the original owners. Further take notice that if no objection has been lodged at the offices of the
Authority at the address below within thirty (30) days of the date of publication of this notice, payment will be made to the aforementioned persons.
Claimant's Name of Original
Holder
Name/Administrator Owner/Deceased
Mariani Hamisi Hassan Ali Kenya National
Shaaban Assurance Company
Limited
Mwamzali Shiribwa Mary Nakubwele Co-operative Bank of
Mwamzali Kenya and NIC Bank
Deputy County Peter Kubai Mithili Co-operative Bank of
Commissioner, Isiolo _______ Kenya
Florence Betty Charles Musembi Centum Group, Co-
Malonza Malonza operative Bank of Kenya and Standard Chartered
Bank
Shobhna Keshavlal Bhartidevi Standard Chartered
Shah Keshavlal Sha Bank
Waweru Mathai, Muta Wangari Muta Centum Group
Mathai and Wanjira Maathai
Mathai
Benrogers Mati Josephine Mull Standard Chartered
Nguuku and Stephen Kitoi Bank
Kitheka Kamuti
Stanley Eshikhoto Rose A. Ambeba Standard Chartered
AIwala Bank
Simon Waweru Kimani Kanguni Standard Chartered
Kimani and Daniel Bank, East African
Githiora Kimani Breweries and HFC
Group
Claimant's Name of Original
Holder
Name/Administrator Owner/Deceased
Sharifa Jamil Parkar Marziya Jamil ABC Bank
Parkar
Jane Njeri Kamau and David Kamau Kenya Electricity
Davis Kamande Karonga Generating Company
Kimani
Eugine Masai Boge Arthur Olodo Boge Barclays Bank of Kenya
Cecilia Wanjiru Elizabeth Wambui Barclays Bank of Kenya
Ndung'u and Ndung'u
Magdalene Wanjiku
Ndung'u
George Wandeto Grace Wamuyu Standard Chartered
Kabogo and Edith Kabogo Bank
Gathoni Kabogo
Bancy Wamarua Reginald Njanja Standard Chartered
Njanja Gakuru Bank
Maalin Atieno Ogaja Florence Agola Kenya National
Ogaja and Peter Assurance and Liberty
Okello Ogaja Life Assurance
Philiph Kipkering Kibaiywo Standard Chartered
Choge Cheruiyot Bank
Emilio Kanyari Emilio Kanyari Barclays Bank of Kenya
Ngotho Ngotho and
Consolata Wanjiru
Ngotho
John Opalla Regina Aoko Kenya Commercial
KOpalla Bank and East African
Breweries Limited
Stephen Muema Janet Ndunge Barclays Bank of Kenya
Ngumbi and Kenneth
Ngumbi Muema
Caroline Njeri Nderi Catherine Mwihaki Barclays Bank of Kenya
Munuhe and HFC Group
Loss OF POLICY
NOTICE is issued pursuant to regulation 9 of the Unclaimed
Financial Assets Regulations, 2016 that the Unclaimed Financial
Assets Authority has received claims for unclaimed assets from the following persons who, through sworn affidavits, have indicated that the original policy documents have been lost.
Claimant's Name Policy No. and Name of Name of issuing
Policy Holder insurance Company
Nicholas Muriithi Nicholas Muriithi Nyaga Britam Life Assurance
Nyaga 20113027 Company Limited
Maalin Atieno Florence Agola Ogaja Kenya National
Ogaja and Peter Okello Ogaja, Assurance and Liberty
0279083 and 3574500 Life Assurance
Gaudencia Akoth Gaudencia Akoth Liberty Life Assurance
Oludhe Oludhe, 3540163 and Company Limited
3578951
Stephen Mwaura Stephen Mwaura Liberty Life Assurance
Kanyara Kanyara, 3559697 Company Limited
Johnson Njumwa Johnson Njumwa Britam Life Assurance
Mwamburi Mwamburi, 1919691 Company Limited
Kathurima Maingi Kathurima Maingi, Britam Life Assurance
20128416 Company Limited
Further notice is given that unless objection to the claims is lodged at the offices of the Authority at the address below within thirty (30) days from the date hereof, payment will be made to the aforementioned persons on the evidence of the sworn affidavit for lost original policy document and any liability on the lost policy document will immediately cease, Unclaimed Financial Assets Authority, Pacis Centre, 2nd Floor, off
Waiyaki Way, P. 0. Box 28235-00200, Nairobi.
Dated the 5th September, 2018.
Extracted Entities (2)
previous_gazette_ref
10012
8650
Details
- Act / Legislation
- THE CRIMINAL PROCEDURE CODE
- Reference
- Cap. 75
- Section
- section 85 (1)
- Ministry
- Ministry of Lands, Nakuru Regittry
- Date Signed
- 5th September 2018
- Page
- 17
- Extraction Method
- regex
Source Gazette
Vol. CXX No. 120
Published 8th January 2018