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DPP orders arrest of ex-Nyandarua Governor, others over fraud

In a statement, he explained that the decision came after detectives from the Ethics and Anti-Corruption Commission submitted a report to him recommending the charges/FILE

NAIROBI, Kenya, Jul 26 – The Director of Public Prosecutions (DPP) Noordin Haji has ordered the arrest of former Nyandarua Governor Daniel Waithaka Mwangi and other county officials over a fraudulent Sh50 million water and sewerage tender.

Others to face arrest include the former County Government’s Water County Executive Grace Wanjiru Gitonga, and former county officers Kihiu Gichinga and John Ngigi and Jesse Wachira Mwangi.

The DPP further recommended the arrest and prosecution of the owners of M/S Tahal Consulting Engineers Ltd, Chen Yochanan Ofer and Albert Attias for fraudulently acquiring public property.

In a statement, he explained that the decision comes after detectives from the Ethics and Anti-Corruption Commission submitted a report to him recommending the charges.

“On December 4th, 2014, the Ethics and Anti-Corruption Commission received a report that officials from the County Government of Nyandarua flouted procurement laws and regulations in awarding a contract to M/S Tahal Consulting Engineers Ltd, a company with international expertise on water and sewerage projects,” he pointed out.

“The EACC undertook investigations and established that the County Government of Nyandarua unlawfully engaged M/S Tahal Consulting Engineers Ltd for a project to undertake the development of a county water master plan, design and review of the Ol Kalau Town Sewerage System and unlawfully paid a sum of Sh50,470,513.90 to the said entity.”

He pointed out that they will be charged with engaging in a project without prior planning, abuse of office, wilful failure to comply with laws relating to the management of funds and the fraudulent acquisition of public property.

The former governor and Gitonga will be charged with “failure to comply with procurement laws relating to public procurement, contrary to section 45 of the Anti-Corruption and Economic Crimes Act, 2003.”

The two will also be charged with engaging in a project without prior planning, contrary to procurement laws.

The former governor also faces a charge of abuse of office, contrary to section 46 of the Anti-Corruption and Economic Crimes Act.

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Investigations into the matter have been going on since 2014.

The county government also did not seek the approval of the Public Partnership Committee before signing the contract on April 30, 2014.

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