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EACC to speak on re-opening Waiguru probe, backlash

The EACC had earlier closed the NYS probe and cleared Waiguru until one of the suspects Josephine Kabura issued a sworn affidavit making new claims/FILE

The EACC had earlier closed the NYS probe and cleared Waiguru until one of the suspects Josephine Kabura issued a sworn affidavit making new claims/FILE

NAIROBI, Kenya, Feb 19 – The Ethics and Anti-Corruption Commission was due to issue a statement on Friday morning over its decision to re-open the Sh791 million NYS probe into former Cabinet Secretary Anne Waiguru.

The EACC had earlier cleared Waiguru until one of the suspects Josephine Kabura issued a sworn affidavit making new claims.

In the affidavit, the former Devolution Cabinet Secretary has been painted as the mastermind of the multi-million shilling scandal National Youth Service saga.

The anti-graft body’s spokesperson Kairichi Marimba confirmed the briefing, which comes as a section of politicians call for dismissal of the commission’s CEO and his deputy.

“We shall shed light on all those issues,” CEO Halakhe Waqo earlier told Capital FM News, which had sought an interview with him on the matter.

Waiguru’s accuser was scheduled to meet EACC detectives on Thursday but failed due to ill health according to his lawyer.

“Kabura has been reported sick. The meeting has rescheduled to Tuesday at 10am,” Mirimba told Capital FM News.

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.”

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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.

She added that Harakhe had already began processing Sh695 million when his request for more funds sounded alarms at the Treasury.

Police have since opened an investigation into the conduct of CID officers mentioned in the affidavit containing allegations against Waiguru.

Some of the officers, including the Banking Fraud Investigations Department Chief Joseph Mugwanja and other detectives who handled the probe have recorded statements.

Legislator Alfred Keter is among other individuals who have been summoned to shed light on the scandal.

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“It has been widely been reported in the media that you have information that can assist this commission in the said investigations,” EACC Director of Investigations Abdi Mohamud explained in a letter addressed to the MP.

Keter has been asked to document any evidence he may have on the matter.

He has since indicated that he will not honour the summons.

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