Waiguru was cleared on other aspects, not Sh791mn fraud – EACC

February 19, 2016 4:55 pm
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Kinisu revealed that the multi-million shillings scandal was then being probed by a different government agency but it did not share its information with the EACC/CFM NEWS
Kinisu revealed that the multi-million shillings scandal was then being probed by a different government agency but it did not share its information with the EACC/CFM NEWS
NAIROBI, Kenya, Feb 19 – Former Cabinet Secretary for Devolution Anne Waiguru was cleared in four different NYS cases and not the Sh791 million probe, the Ethics and Anti Corruption Commission has explained.

The Commission’s Chairman Philip Kinisu has revealed that the multi-million shillings scandal was then being probed by a different government agency but it did not share its information with the EACC.

“The file found its way to us from a different agency. That file has good information and it opens new files of investigations which if we were aware earlier, we would have investigated,” he said.

Kinisu, who was addressing journalists on Friday, says the commission cannot carry the blame of clearing Waiguru on this specific case, since it didn’t carry out the initial probe.

Following Waiguru’s clearance, Kinisu admits that the public feels the commission was “not competent in its investigations. Giving an impression of an institution that flips flop.”

According to Kinisu, there was a breakdown of information between the agency which he declined to mention and EACC, but says the matter has since been resolved.

“There were four cases referred to EACC out of NYS dealing with the management of the institution…the issues did not implicate the individual (Waiguru) who was cleared,” he said.

“The clearance issued from here was specific to a particular request about the four cases.”

The four cases, which EACC were handling revolves around the aspects of procurement, contracting and how responsibilities ought to have been assigned within various departments at NYS.

“During this time, the Sh791 million scandal was being undertaken by a different agency, and the channels of communication between the EACC and that other government agency were not as open as they have become under the multi-agency forum which has been created.”

With the affidavit from one of the suspects Josephine Kabura and the information from the previous probe, Kinisu says the investigations will soon be concluded and recommendations made.

Kabura has made serious allegations in the sworn affidavit that paints Waiguru as the mastermind of the scandal.

The scandal further implicates detectives and two journalists, as ‘beneficiaries’.

Kabura who says her companies – Form Home Builders, Roof and All Trading and Reinforced Concrete Technologies – received the Sh791 million as payment for the supply of road construction materials for the Kibera and Mukuru slums, says Waiguru engaged her and even oversaw registration of the companies.

She claims to have met Waiguru when she worked at the Ministry of Finance, specifically in the IFMIS directorate. It was then, she says, that she started carrying out “small jobs” for Waiguru which eventually culminated in her appointment as the “sole merchant assigned to deliver all (NYS) road materials.”

It was in this role that Kabura claims to have met Adan Harakhe whom she says expedited payments to her companies in his role as (Authority to Incur Expenditure) AIE holder.

“Harakhe was appointed AIE holder in February 2015, though he had started acting as AIE much earlier.”

Kabura claims to have paid an associate of Harakhe Sh20 million and consultant Mutahi Ngunyi who assisted her secure the NYS tenders, Sh1.5 million.
All of which, she says, were payments sanctioned by Waiguru.

The gravy train got derailed, she says, when Harakhe – without Waiguru’s authorisation – sought a further Sh3.5 billion from the Treasury “to enable him issue additional LPOs for Sh2 billion for construction materials.”

“Harakhe talked of plans to issue new road contracts but pointed out that CS Waiguru and Hassan Noor had issued out food and small equipment under restricted tendering and high prices alongside authorising expensive consultancies, a situation that led to money running out,” Kabura states in her affidavit.

Police officers involved in the probe are also being investigated.

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