The Ethics and Anti-Corruption Commission (EACC) and the Directorate of Criminal Investigations (DCI) have launched an investigation into seven companies suspected of siphoning off Sh39 million from the Kericho county government.
The probe follows a petition from concerned residents alleging that senior officers within the county were receiving kickbacks from these companies after irregularly awarding tenders across various departments.
The companies are accused of benefiting from tenders for beautification projects in Kericho and Litein municipalities, despite not being prequalified for such projects in the current financial year.
It is alleged that they hired youths to undertake tasks like unblocking drainages, garbage collection, and bush clearing, but failed to compensate them for their work. Additionally, payments were made for work that was either not completed or had already been undertaken by other institutions.
Eacc spokesperson Eric Ngumbi confirmed the commission's involvement in investigating the alleged embezzlement of public funds in the beautification projects.
“Once the investigations are concluded, appropriate action, including prosecution of culpable individuals and recovery of stolen funds, will be taken,” Mr Ngumbi said.
According to a whistleblower report, the payments to these companies were made between November 2023 and April 2024. It is alleged that some senior officials used the proceeds to purchase land and received cash kickbacks from the companies.
“In an arrangement with the Kericho county government, the hired companies were to receive money and make payments to the hundreds of youth engaged in the project, but some youths were underpaid or not paid at all,” the report states.
In the petition, a chief officer is alleged to have used the proceeds to buy a piece of land in the outskirts of Kericho town while other senior officers (names withheld for legal reasons) are alleged to have received cash from the companies.
“The companies engaged in miter drain cleaning, unblocking drainages, and bush clearing, without an approved procurement plan contrary to section 45 (2)(b) and (C) as read with section 48 of the Anti-Corruption and Economic Crimes Act, 2003” It was further alleged.
Some of the companies are alleged to have been registered by the senior officials through their proxies with the sole aim of siphoning public funds and investing the same in acquiring properties which are a subject of the investigations.
It is alleged that the officers who are under investigations by the two government agencies engaged in collusion and conspiracy to commit economic crimes.
The Office of the Directorate of Public Prosecutions (ODPP) has also confirmed that the matter is under investigation.
Mr Geoffrey Obiri, a Senior Assistant Director at the ODPP, stated in a letter that the office had received a notice of intention to institute private investigations against the companies and implicated county officers. He emphasized that the ODPP has the sole authority to initiate criminal investigations and prosecution.
Mr Obiri in a letter to a law firm – Chanzu, Victor and Company advocates, the ODPP acknowledged it had received a letter – CV/CR/PP/004/2024 dated February 14, 2024, from the advocates for an intention to institute private investigations against the companies and the county officers implicated in the alleged underhand dealings.
He stated that in the letter received by the ODPP on March 1, 2024 was a notice of intention to institute private prosecution under section 88(1) of the Criminal Procedure Act.
“Article 157(1) of the Constitution and Section 6 of the ODPP Act gives the Director of Public Prosecutions (DPP) the sole power to institute any criminal investigations. A party seeking the right to conduct any criminal prosecution must establish that after reporting the matter to the investigating agency, the Director of Public Prosecution was seized of the case and has failed and/or refused without any legal justification, to exercise his prosecutorial powers as envisaged under Article 157 (II) of the Constitution,” Mr Obiri wrote.
Mr Obiri in the letter dated April 15, 2024, told the law firm to accord time to the Directorate of Criminal Investigations and the Ethics and Anti-Corruption Commission (EACC) – which had received the complaints, to deal with the issue exhaustively.
“Once these investigations are finalized, the file will be forwarded to the Office of the Director of Public Prosecutions for perusal and advise,” Mr Obiri stated.
A senior official at the county government of Kericho said the EACC and DCI had not communicated to the devolved government unit on the ongoing investigations.
“We are not aware of any investigations regarding the accusations made. We are aware though, that the petition had been forwarded to the county assembly which was dealt by an adhoc committee,” the official who declined to be named due to the sensitivity of the matter said on Sunday.
“I wish to clarify that any procurement at the county on the work undertaken by the Litein and Kericho Municipal boards were above board. Any payments that have been made or are pending are legally due for work done. We do not condone any siphoning of public funds,” the official stated and declined to further discuss the matter.
