The allegations include that of violating the provisions of Section 15 of the Public Officer Ethics Act 2003, where he personally selected and instructed YEDF management to acquire for him a vehicle, Toyota Land Cruiser VXL which was purchased at a cost of Sh12.6 million.
The Adan Keynan-led committee wants the Inspector- General of State Corporations and the Chief Executive Officer of YEDF to surcharge Odhiambo a sum of Sh1.03 million for the misuse.
“The said vehicle was misused by Bruce Odhiambo leading to the fund incurring a total of Sh806,014.65 on fuel and general maintenance of the vehicle. On handing over the vehicle back to the Fund, the vehicle was sent to the Government Chief Mechanical Engineer for assessment, who referred the vehicle back to Toyota Kenya for further assessment. Toyota Kenya has quoted Sh228,000 for repairs of the vehicle,” the report read.
Odhiambo will also face further allegation of forgery after the committee established that purported extracts of the Fund’s Board Minutes signed by him and Namuye sent to Chase Bank (K) Ltd to confirm the change of signatories were a forgery and collusion between the two with intent to defraud the Fund between the two officers.
Namuye is accused of failing to proper administer her duties as the former accounting officer of the YEDF in violation of the Public Procurement and Disposal Act. The committee wants the EACC to investigate her failure to ensure that procurement procedures were followed in the alleged provision of consultancy services for ICT Strategy Development and ERP System by Quorandum Ltd.
The committee want the suspended CEO probed for her failure to implement the State Corporations guidelines issued by State Corporation Advisory Committee (SCAC) on entitlements of Chairpersons and members of Boards hence occasioned loss of funds including: Sh12.6 million incurred in buying a motor vehicle for the use of Odhiambo; associated repair and maintenance costs incurred for running the vehicle, totalling Sh1,034,014.65 and employment of a driver and bodyguard.
“Namuye should be investigated, charged and prosecuted for violating Section 72(1) of the PFM Act 2012 which requires an accounting officer of a national government entity to be responsible for management of the entity’s assets and liabilities. Ms Catherine A. Namuye allowed Mr Bruce Odhiambo unfettered use of YEDF facilities including office and a brand new motor vehicle despite him being a non-executive Chairperson who is not entitled to such facilities,” read the report.
Namuye’s decision to use restricted tendering will also come under probe after the committee found that it was contrary to the maximum threshold provided for in the Public Procurement Regulations 2006 that required procurements for goods and services above Sh6 million to be advertised and competitively procured.
In the case of the Quorandum Ltd Director, the committee further wants Ngamau investigated, charged and prosecuted for giving false evidence under oath to a Committee of the National Assembly contrary to Section 21 of the National Assembly (Powers and Privileges) Act.
“Mr Mukuria Ngamau while appearing before the Committee on 8th March, 2016 gave false information on the particulars of a Mr Collin Reeves who was purportedly the lead consultant in the alleged contract between YEDF and Quorandum Ltd. He stated that the said Mr Reeves resided in Michigan, USA and that as at the time he appeared before the committee, they were in contact. He later changed this position in his written submission dated March 11, 2016 informing the committee that Mr Reeves died on April 1, 2015 and that he’s still trying to trace the deceased’s next of kin to transfer Sh115 million owed to him,” read the committee report.
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