GAZETTE NOTICE NO. 5820

pursuant to section 36 of the Anti- Corruption and Economic Crimes Act, 2003. The report covers the Second Quarter of the year 2014, and is for the period commencing Ist April, 2014 to 30th June, 2014. INVESTIGATION REPORTS COVERING THE PERIOD 1ST APRIL TO 30TH JUNE, 2014 EACC/ KSM/ INQ /FI/04/2012 Inquiry into allegations of embezzlement of public funds and corruption in the award of the contract for the reconstruction of the Moi Kisumu Stadium Investigations established that during the 2011-2012 financial year, the Ministry of Youth and Sports allocated funds for the renovation of the Moi Stadium, Kisumu. The Ministry thereafter entered into a Memorandum of Understanding with the stadium owners, the Municipal Council of Kisumu to undertake the renovations. Investigations established that the tender for the renovation was advertised and the evaluation process commenced. Contrary to the requirement that an evaluation committee should be appointed for purposes of evaluation of bids, in this particular case, the bids were evaluated by a single person. Nonetheless, an Evaluation report was compiled and signed by persons who did not participate in the evaluation. Investigations also established that the bidder who was awarded the contract for the renovation was not qualified since they did not meet the mandatory requirements in the tender documents and had used false documents while submitting their bids. The award was therefore irregular. The evidence obtained further revealed that the company awarded the tender received payment of a sum of Kshs. 8.5 million for services that were not adequately rendered. A report was compiled and forwarded to the Director of Public Prosecutions on 24th June, 2014 with recommendations that all the suspects involved in the irregular procurement and payment be charged with various offences as follows; the District accountant and Provincial Director of Sports, Kisumu be charged with the offences of fraudulently making payment from public revenue contrary to section 45(2)(a) (iii), fraudulent disposal of public property contrary to section 45(1) (b ), abuse of office contrary to section 46 and wilful failure to comply with the law relating to management of public funds contrary to section 45 (1) (b) of the Anti- Corruption and Economic Crimes Act, 2003; the Kisumu East District Procurement Officer be charged with the offences of wilful failure to comply with the law relating to procurement contrary to section 45 (1) (b) of the Anti- Corruption and Economic Crimes Act, 2003; The Kisumu East District Works Officer be charged with failure to comply with the law relating to procurement contrary to section 45 (2 ) (b) and abuse of office contrary to section 46 of the Anti- Corruption and Economic Crimes Act,2003; The Kisumu County Quantity Surveyor be charged with abuse of office contrary to section 46 of the Anti- Corruption and Economic Crimes Act, 2003; the partners of the contractor awarded the contract together with his agent be charged with fraudulent acquisition of public property contrary to section 45(2) (a) of the Anti- Corruption and Economic Crimes Act, 2003 and making a false document contrary to section 347 of the Penal Code. The contractor be charged with uttering a false document contrary to section 353 of the Penal Code and the Provincial Auditor Kisumu and the Kisumu East District Agricultural Officer be charged with the offence of fraudulent acquisition of public property contrary to section 45 (1) (a) of the Anti- Corruption and Economic Crimes Act, 2003. On 2nd July, 2014, the DPP accepted the recommendation for prosecution. KACC/FI/INQ/44/2007 Inquiry into allegations of misappropriation of funds from the National Aids Control Council (NACC) by officials of a Community Based Organization (CBO) in Eldoret North Investigations established that the CBO which is engaged in AIDS awareness campaign and helping of orphans in Eldoret North received a grant of Kshs. 200,000 from NACC. Two officials of the group who were signatories to the group’s bank account withdrew the said money but did not inform the other group members. Investigations also established that whereas the money was to be used for the group’s activities, the two suspects diverted it to their own use and could not account for it. They also prepared false vouchers purporting that the money had been expended for the intended purpose of the group. The evidence obtained showed that they were culpable for the embezzlement of the money. A report was compiled and forwarded to the Director of Public Prosecutions on 4th April, 2014 with recommendations that the two officials of the CBO be charged with the offences of fraudulent acquisition of public property contrary to section 45 (1) (a) of the Anti- Corruption and Economic Crimes Act, 2003, Deceiving principal contrary to section 41 (2) of the Anti- Corruption and Economic Crimes Act, 2003; forgery contrary to section 349 of the Penal code and uttering false documents contrary to section 353 of the Penal Code. On 13th May, 2014, the DPP accepted the recommendation for prosecution. EACC INQ/13/2013 Inquiry into allegations of corruption against Public Health Officers attached to Huruma, Nairobi County The investigations established that the suspects, who were all Public Health Officers, Huruma, Nairobi County corruptly solicited for a benefit of Kshs. 60,000 from the complainant as an inducement to forbear charging him with offences under the Public Health Act. The investigations further established that whereas the complainant reported that the three officers had solicited for a benefit, the taped conversation did not establish this solicitation. In addition, the money that one of the officers who is said to have received it from the complainant was not recovered from him. The Commission was of the opinion that the evidence obtained would not meet the threshold to sustain charges of corruption against the suspects. This notwithstanding, the Commission was of the opinion that the conduct of the three suspects was one that brought their position as public officers in disrepute, and their integrity was put into question. A report was compiled and forwarded to the Director of Public Prosecutions on 21st May, 2014 with recommendations _ that administrative action be taken against the three suspects. On 23rd June, 2014, the DPP accepted the recommendation for administrative action. CR. 434/13/2014 Inquiry into allegations of corruption against the Principal of Wakaela Secondary School, Machakos The investigations established that the suspect, who is the Principal of Wakaela Secondary School solicited for a benefit of Kshs. 30,000 from the complainant as an inducement to release the payment of money to the complainant in respect of a tender for the supply of computers, computer accessories and stationery to the school. The suspect also received a benefit of Kshs. 10,000. A report was compiled and forwarded to the Director of Public Prosecutions on 21st May, 2014 with recommendations that the suspect be charged with the offences of corruptly soliciting for and receiving a benefit contrary to section 39 (3) (a) as read with Section 48 (1) of the Anti-Corruption and Economic Crimes Act, 2003. On 2nd July, 2014, the DPP accepted the recommendation for prosecution. CR. 123/105/2014 CF. NAIROBI ACC. NO. 1/2014 Inquiry into allegations of corruption against the District Registration Officer Kasarani The investigations established that the suspect, who is the District Registration Officer, Kasarani corruptly solicited for and received a benefit of Kshs. 5,000 from the complainant as an inducement to process identity card application forms in respect of the complainant. The suspect also received a benefit of Kshs. 5,000. A report was compiled and forwarded to the Director of Public Prosecutions on 19th May, 2014 with recommendations that the suspect be charged with the offences of corruptly soliciting for and receiving a benefit contrary to section 39 (3) (a) as read with Section 48 (1) of the Anti-Corruption and Economic Crimes Act, 2003. On 23rd June, 2014, the DPP accepted the recommendation for prosecution. CR.255/255/91/2014 Inquiry into allegations of corruption against Police Officers attached to Kenya Power and Lighting Nyeri Office and the Nyeri Police Station Investigations by the Commission established that the suspects corruptly solicited for a benefit of Kshs. 100,000 from the complainant as an inducement to exonerate him from allegations implicating him in connection with the vandalism of electrical transformers in Nyeri Town. However, the suspects did not receive the benefit from the complainant but one of the suspects was arrested after demonstrating his willingness to receive Kshs. 50,000 from the complainant. A report was compiled and forwarded to the Director of Public Prosecutions on 11th June, 2014 with recommendations that the suspects be charged with the offences of corruptly soliciting for and agreeing to receive a benefit contrary to section 39 (3) (a) as read with Section 48 (1) of the Anti-Corruption and Economic Crimes Act, 2003. On 30th June, 2014, the DPP accepted the recommendation for prosecution. EACC/FI/INQ/74/2013 Inquiry into allegations of theft of USD 8500 by the Chief Executive Officer, Football Kenya Federation (FKF) The investigations established that sometime in November, 2011, the National Football team, Harambee Stars travelled to Dar-es salaam for a CECAFA Senior Challenge tournament. At the time of the travel, CECAFA had not released the money for the air tickets for the players, and they requested the Football Kenya Federation (FKF) to meet the travel costs. This was on the understanding that CECAFA would refund the said money to FKF. Investigations further established that CECAFA refunded the sum of USD 8500 to the FKF through its Chief Executive Officer (CEO). Investigations established that the CEO did not account for the said money and he was therefore accountable for its loss. The Commission was of the opinion that failure to account for this money amounted to an offence. However, since the funds received were not public funds within the meaning of public property as defined in the Anti- Corruption and Economic Crimes Act, the Commission was satisfied that an offence under the Act would not be sustained. A report was compiled and forwarded to the Director of Public Prosecutions on 19th May, 2014 with recommendations that the Inquiry file together with the result of investigation be submitted to the Criminal Investigations Department (CID) to charge the suspect with appropriate charges. On 2nd July, 2014, the DPP accepted the recommendation for referral of the matter to the CID. EACC/FI/1NQ/38/2013 Inquiry into allegations that a parcel of land measuring 100 acres in Liyavo Settlement Scheme, Trans Zoia was irregularly acquired by a former Ambassador to the detriment of squatters living on the said Scheme The investigations established that the Liyavo Scheme was initially part of land parcel known as Number 5751 within Trans zoia District owned by white settlers. The Settlement Fund Trustee (SFT) later purchased this land and squatters were allowed to reside and work on the said land and issued with Temporary Occupational Certificates. They were later allocated 5 acres for subsistence farming. Investigations further established that a policy was adopted to dispose of the expensive farms and houses in the scheme which were offered to persons who were able to comply with the SFT loaning conditions. The former ambassador applied for allocation of 100 acres on which stood a farm house in the scheme. He was allocated the said land in 1983 and he subsequently cleared the SFT loan and was later issued with a Clearance Certificate and subsequently a Title deed. The investigation did not reveal sufficient evidence to conclusively prove that the former ambassador illegally acquired 100 acres from Liyavo Settlement Scheme. A report was compiled and forwarded to the Director of Public Prosecutions on 30th May, 2014 with recommendations that the inquiry file be closed. On 30th June, 2014, the DPP accepted the recommendation for closure. EACC/FI/INQ/1/2012 Inquiry into allegations that the Multi Media University (MMU) irregularly awarded the contract for the renovation of a communication laboratory building at a cost of KSh. 7,055,560 without following the Public Procurement and _ Disposal Regulations 22nd August, 2014 Investigations established that sometime in 2010, the management of the MMU decided to renovate the communication laboratory building which was in a bad state. Estimates were prepared and tenders invited. Investigations established that pre-qualified contractors were invited and after the submitted bids were evaluated, the tender was awarded to the lowest responsive bidder. However, before the renovations could commence, it was discovered that the contractor awarded the contract had not been eligible since they were not registered with the Ministry of Public Works which was a mandatory requirement, and had submitted a false registration certificate. The contract to the said contractor was thus cancelled and the tender re- awarded to the second lowest evaluated bidder. The investigations established that the MMU used restricted tendering in regard to the tender for the renovation. This was approved by its tender committee. The investigation also established that as a matter of fact, the entity largely adhered to the public procurement and disposal Act and Regulations. The only error made was with regard to inviting some of the bidders who were not in the pre- qualified list. However, a justification for this was given to the effect that these additional bidders outside the pre-qualified list had been evaluated by the entity in similar other projects being undertaken at the University and for which they had been found to be technically competent. Before they were so invited, the Tender Committee also gave its approval after being satisfied with the justification given. The Commission did not find sufficient evidence to prove culpability on the part of the officers at the MMU involved in the particular procurement. A report was compiled and forwarded to the Director of Public Prosecutions on 11th June, 2014 with recommendation s for closure of the inquiry file. On Ist July, 2014, the DPP accepted the recommendation for closure of the inquiry file. EACC/SA/FI/INQ/7/2013 Inquiry into allegations that the former Member of Parliament for Kaloleni Constituency abused his office to irregularly benefit contractors and himself by awarding them CDF projects and in return received kickbacks from them The investigations established that several CDF project were initiated in Kaloleni Constituency. These included construction of classrooms in various secondary schools in the Constituency. Whereas it was alleged that the former MP influenced the award of the CDF projects to various contractors, investigations did not reveal any such influence. Investigations further established that due process was followed in the award of the contracts and the authenticity of the documents submitted to the Commission purporting the influence by the former MP were found to be questionable. Investigations did not reveal that the MP received any kickbacks as alleged. There was no evidence of wrongdoing on the part of the MP to warrant any action to be taken against him. A report was compiled and forwarded to the Director of Public Prosecutions on 24th April, 2014 with recommendations that the inquiry file be closed. On 23rd May, 2014, the DPP returned the file for further investigations. EACC/FI/INQ/49/2013 Inquiry into allegations that the Eldoret South Constituency Development Fund Tender Committee irregularly awarded a tender for the construction of the Bindura-Chepkoiyo Road project to a private company Investigations established that in the financial year 2010/2011, the Eldoret South Constituency Development Committee (CDFC) prioritized the rehabilitation of several roads including the Bindura- Chepkoiyo road. The National CDF Board approved the project and allocated a sum of KSh. 2.5 million. The Eldoret South Constituency Development Fund Committee invited bids from pre-qualified contractors. After the evaluation of the bids process, the contract for the construction of the road was awarded to a private company. Investigations revealed that the tendering process was done in accordance with the provisions of the Public Procurement and Disposal Act, 2005. No culpability was established on the part of the officials of the CDFC. However, it was established that the final inspection of the road project was not done by the Project Implementation Committee. In this regard, the Commission was of the opinion that before the contractor can be paid for work done, which payment had been suspended pending this investigation, then the Project Implementation Committee should inspect the works and prepare a final inspection certificate. Nonetheless, no culpability was established in regard to the procurement process. A report was compiled and forward to the Director of Public Prosecutions on 24th June, 2014 with recommendations for closure of the inquiry file. On Ist July, 2014, the DPP accepted the recommendation for closure. CR. 735/259/2013 Inquiry into allegations of corruption against the Member of the County Assembly (MCA) representing Ngong Ward Investigations established that the MCA corruptly solicited for a benefit of Kshs. 40,000 from the complainant as an inducement to facilitate the allocation of a plot to the complainant for the purpose of starting a car wash business within Ngong Town. The suspect also received a benefit of KSh. 38, 000 through an agent. A report was compiled and forwarded to the Director of Public Prosecutions on 11th April, 2014 with recommendations that the suspect be charged with the offences of corruptly soliciting for and receiving a benefit contrary to section 39 (3) (a) as read with Section 48 (1) of the Anti-Corruption and Economic Crimes Act, 2003. On 23rd June, 2014, the DPP accepted the recommendation for prosecution. EACC/FI/INQ/07/2012 Inquiry into allegations of false mileage claim against the former Director of Legal Services at the Truth Justice and Reconciliation Commission (TJRC) Investigations established that sometime in 2011, the TJRC organized a Civic Education drive as a precursor to the public hearings in the North Eastern Province. One of the TJRC officers involved in the civic education was the Director of Legal Services at the Commission. Investigations established that he received an imprest of KSh. 205,000 to cater for per diem, fuel, security and contingencies. Investigations established that the TIRC officials travelled to North Eastern for the exercise. Investigations further revealed that during the time of the surrender of the imprest, the officer used false fuel receipts to account for the imprest received. The questioned receipts were submitted to the Document Examiner to establish the author. The report of the Document Examiner revealed that the false receipts were made by the officer who received the imprest and two others. However, a second examination of the same receipts was requested by the said officer, and the subsequent report from the Document Examiner revealed that they were not authored by the suspects. There was therefore no conclusive evidence that the officer who surrendered the imprest made the false documents. A report was compiled and forwarded to the Director of Public Prosecutions on 8th April, 2014, with recommendations that the inquiry file be closed. On Ist July, 2014, the DPP returned the file for further investigations. CR. 511/473/2013 Inquiry into allegations of corruption against a Revenue Officer, Kenya Revenue Authority Garissa. The investigations established that the suspect, who is an employee of the Kenya Revenue Authority solicited for a benefit of KSh. 500 from the complainant as an inducement to facilitate the processing of a Tax Compliance Certificate. The suspect also received a benefit. A report was compiled and forwarded to the Director of Public Prosecutions on 19th May, 2014 with recommendations that the suspect be charged with the offences of corruptly soliciting for and receiving a benefit contrary to section 39 (3) (a) as read with Section 48 (1) of the Anti-Corruption and Economic Crimes Act, 2003. On 27th May, 2014, the DPP accepted the recommendation for prosecution. CR.831/871/2013 Inquiry into allegations of corruption against a Parking Attendant, Uasin Gishu County Government The investigations established that the suspect, who is a Parking Attendant in Eldoret, Uasin Gishu County corruptly solicited for a benefit of KSh. 1,000 from the complainant as an inducement to forbear the enforcement of the payment of KSh. 2,500 as a penalty for wrongful parking. The suspect also received a benefit. A report was compiled and forwarded to the Director of Public Prosecutions on 19th May, 2014 with recommendations that the suspect be charged with the offences of corruptly soliciting for and receiving a benefit contrary to section 39 (3) (a) as read with Section 48 (1) of the Anti-Corruption and Economic Crimes Act, 2003. On Ist July, 2014, the DPP accepted the recommendation for prosecution. EACC. NO. 12 Of 2013 Inquiry into allegations of corruption against officers of the Kenya Power and Lighting Company based in Molo The investigations established that three of the suspects were employees of KPLC whereas a fourth suspect was a private electrician. Investigations established that two of the suspects asked for ‘chai ya wazee’ but did not elaborate, whereas the private electrician solicited for a benefit of KSh. 2,000 in order to connect electricity to the complainant’s premises. Investigations further established that none of the suspects received a benefit from the complainant and the private electrician who had specifically demanded for a benefit disappeared and has not been traced. It was further established that when the private electrician asked for money, he was not acting on behalf of another person. Therefore the elements of the offence of corruption could not be proved. The Commission was of the opinion that the evidence obtained was not sufficient to sustain any charges against all the suspects. A report was compiled and forwarded to the Director of Public Prosecutions on 8th May, 2014 with recommendations that administrative action be taken against the three public officers. On 19th June, 2014, the DPP accepted the recommendation that administrative action be taken against the three public officers who are employees of Kenya Power and Lighting Company Limited, Molo. CR. 123/105/2014 CF. NAIROBI ACC. NO. 1/2014 Inquiry into allegations of corruption against three private individuals in Kilungu The investigations established that the suspects corruptly offered a benefit of Kshs. 50,000 to the complainant in exchange for an acquittal of the accused persons in a criminal case pending before the Kilungu Magistrates Court. The investigations established that the suspects wanted to influence the complainant to give a favourable judgment in a case involving their relatives. The suspects were arrested before they could give the benefit offered but the sum of KSh. 50,000 was recovered from one of them. A report was compiled and forwarded to the Director of Public Prosecutions on 25th April, 2014 with recommendations that the suspects be charged with the offence of corruptly offering a benefit contrary to section 39 (3) (b) of the Anti- Corruption and Economic Crimes Act, 2003. On 19th May, 2014, the DPP accepted the recommendation for prosecution. EACC/INQ/15/2014 Inquiry into allegations of corruption against an Enforcement Officer, County Government of Nakuru The investigations established that the suspect corruptly solicited for a benefit of KSh. 5,000 from the complainant as an inducement to allow him to construct a shade outside his kiosk. The suspect also received a benefit of Kshs. 3,000 from the complainant. He was arrested and arraigned before the Nakuru Anti- Corruption Court and charged with the offences of corruptly soliciting for and receiving a benefit contrary to section 39 (3) (a) of the Anti- Corruption and Economic Crimes Act, 2003. A report was compiled and forwarded to the Director of Public Prosecutions on 3rd April, 2014 with recommendations that the case against the suspect proceed to its logical conclusion. On 19th May, 2014, the DPP accepted the recommendation for prosecution. CR.145/73/2014 Inquiry into allegations of corruption against a Traffic Police Officer attached to Langata Police Traffic Department The investigations established that the suspect, who is a traffic police officer attached to Langata Police Station corruptly solicited for a benefit of KSh. 3,000 from the complainant as an inducement to forbear charging the complainant with a traffic offence. The suspect also received a benefit of KSh. 2,000. A report was compiled and forwarded to the Director of Public Prosecutions on 27th May, 2014 with recommendations that the suspect be charged with the offences of corruptly soliciting for and receiving a benefit contrary to section 39 (3) (a) as read with Section 48 (1) of the Anti-Corruption and Economic Crimes Act, 2003. On 23rd June, 2014, the DPP accepted the recommendation for prosecution. STATISTICAL SUMMARY OF FILES FORWARDED TO THE DIRECTOR OF PUBLIC PROSECUTIONS Total No. of files forwarded to the Director of Public 19 Prosecutions No. of files recommended for prosecution 11 No. of files recommended for administrative or other action 3 No. of files recommended for closure 5 No. of files recommended for prosecution and the cases are 9 already lodged before Court No. of files where recommendation to prosecute accepted 11 No. of files where recommendation for administrative or 3 other action accepted No. of files where recommendation for closure accepted 3 No. of files returned for further investigations No. of files where recommendation to prosecute not 0 accepted No. of files where recommendation for administrative or 0 other action not accepted No. of files where closure not accepted 0 No. of files awaiting Director of Public Prosecution’s action] 0 Dated the 11th August, 2014. HALAKHE D. WAQO, Secretary/Chief Executive Officer.