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How Kericho County officials misused Londiani accident victims' Sh14 million

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Six senior Kericho County government officers are under probe over the misuse of Sh14 million collected for Londiani crash victims.

A probe by the Kericho County Assembly on the alleged misuse of Sh 14.5 million raised by Deputy President Rigathi Gachagua for 77 Londiani accident victims, has revealed how the money was dished out.

Mr Gachagua raised the money in a fundraiser at Londiani town, Kipkelion East constituency on July 4, following the June 30 accident that claimed 53 lives and left 24 nursing injuries.

Six senior county government officers who were recommended for removal from office following a unanimous vote by the Kericho County Assembly, will however have to wait a little bit longer before they know their fate.

This is after Governor Erick Mutai threw back the report to the assembly, with recommendations he can only remove the County Secretary and the County Executive Committee members through an impeachment process.

The officers were found guilty of forgery, professional negligence, violation of procurement rules, abuse of office, misappropriation of funds, non disclosure of information, failure to be transparent and accountable and flouting of the Public Finance Management Act.

County Secretary Dr Wesley Bor, who is the chairman of the committee that disbursed the funds,Finance and Economic Planning CEC Leonard Ngetich and his Health Services counterpart Ms Brenda Bii, have been implicated in the heist and the assembly recommended for their  removal from office, for presiding over the misuse of the funds.

However,they have gotten a temporary lifeline to hold on to their positions,after the county boss tossed the report back to the assembly.

Chief Officer in the office of the Governor, Mr Alphonce Rotich, his Public Service Management counterpart Ms Bettsy Chebet Tonui and that of Finance Mr Gilbert Bii, who have equally been fingered in the alleged fraud, will also wait a little longer before knowing their fate.

It follows the decision by Dr Mutai to refer the matter to the Public Service Board (PSB) for action, saying the officers were not answerable to the county assembly.

However,documents tabled before the county assembly, by the executive arm of the county government and which the Nation has seen, shows in detail how the money was spent before Deputy Governor Fred Kirui blew the whistle leading to the formation of adhoc committee chaired by Tendeno/Soget Member of County Assembly Moses Rotich,to investigate it, with findings tabled on.

The Directorate of Criminal Investigations (DCI) and the Ethics and Anti-Corruption Commission (EACC) are also investigating the matter while a team appointed by Dr Mutai, which is chaired by Mr Johna Keter, to conduct a forensic audit on the disbursement of the money is expected to release its report this week.

“After a careful examination of the documents provided to the committee, a total of Sh 14,589,624 – from Londiani (fundraising) Sh 13,653,660, and Pay Bill (8062001) Sh 935,964 was raised” the report by the assembly committee states.

The documents show that the Kericho County Referral Hospital raised a medical bill of Sh 2,037,524, Londiani sub county hospital Sh 1,534,190, with the cheques drawn and signed following the approval by the committee chaired by Dr Bor.

It was in defiance to a directive by Dr Mutai that the county government will meet the cost of medication and morgue services for the victims.

“The county government will meet the costs of the tents, medical and mortuary fees for the victims. I can confirm that no money has been paid to our hospitals from the fundraising kitty” Dr Mutai said.

The Governor stated the committee would be wound up last Friday after all the money is paid out. But by press time, it was not clear whether that had been done.

Dr Bor in a memo (KEC/CS/FIN/VOL) dated July 19, to Mr Gilbert Bii, the Chief Officer for Finance, and stamped on July 20, broke down how Sh 13,540,714 would be disbursed, with a balance of Sh 112,940 in the account.

It states that a total of 53 families of those who died in the accident were paid Sh 4,770,000 with each receiving Sh 90,000 while 12 survivors got Sh 60,000 from the kitty, translating to Sh 720,000.

It directed that Sh 2,945,000 to Supertix Limited for supply of tents, chairs, public address system, raised stage, lights and decorations at Londiani trading used during the fundraising presided over by Mr Gachagua, Sh 411,000 to Supershine Limited for supply tents at Rays hotel on the day of the fundraiser (July 4) and Sh 100,000 to Rays hotel for lunch to 100 people.

In a memo (D.3 VOL. II/51) dated July 18, 2023, the office Of the County Commissioner Michael Lesimam requested to be reimbursed Sh 300,000 from the kitty allegedly spent during the rescue mission at the Londiani junction accident.

The memo signed by Stephen Orinde, for the County Commissioner, broke down the expenditure as – Sh 150,000 for fuel, Sh 60,000 for security meetings, Sh 60,000 lunch(es) and refreshments, and Sh 30,000 in airtime.

Dr Bor marked and signed the memo on July 19, and directed that Mr Geoffrey Maiyek, the County Police Commander be paid Sh 300,000.

The committee found that whereas the actual medical bill (excluding mortuary services) at Kericho County Referral Hospital was Sh 600,000, it was revised upwards to Sh 1,880,336 by Dr Bor’s committee.

A bill of Sh 850,850 was raised for the morgue services provided for the 49 bodies at Londiani sub county hospital mortuary, Sh 38,500 for two bodies at Kericho County Referral Hospital mortuary.

A further Sh 31,350 bill was raised for the treatment and mortuary services for a victim who succumbed at Nakuru Provincial General Hospital.

Three patients who are still admitted at the Kericho County Referral hospital have so far incurred a bill of Sh 198,224.

It also emerged that a Sh 405,000 bill was raised for electricity supply at Londiani sub county hospital instead of Sh 13,000 with a mobile morgue having been provided by the Kenya Red Cross to preserve some of the 49 bodies at the facility. The Londiani morgue has a capacity to hold 16 bodies.

Reverend Joyce Tonui of the African Gospel Church refunded Sh 100,000 which was paid to the clergy by the committee for their role in praying for and counseling the victims. It also compensated them for leading prayers at Londiani fundraising presided over by Mr Gachagua.

Interestingly, Dr Bor’s committee authorized for Sh 157,000 of the funds to be used to compensate victims of fire incident that broke out at Barsiele trading centre, yet the matter was not related to the road accident. Treatment of the said victims had been catered by the National Hospital Insurance Fund (NHIF).

Dr Bor was accused of forgery, violation of Public Finance Management Act, while Mr Ngetich and Ms Bii abuse of office and non disclosure of information, not being transparent and accountable, by the adhoc committee investigating the matter, which was chaired by Tendeno/Soget ward Member of County Assembly Moses Rotich.

Mr Rotich, Ms Chebet and Mr Bii stand accused of forgery, abuse of office, violation of procurement rules and procedure, misappropriation of fundraiser funds and professional negligence. Ms Chebet was further found guilty of perjury.

“I will appoint a Selection Panel with approval of the assembly, Gazette the names for vetting by the assembly, investigate the issue in relation to the County Secretary, so it (Panel) give recommendations 10 days after appointment,” Dr Mutai said.

After receiving the recommendations forwarded by Speaker of the County Assembly Patrick Mutai, the Governor said he would not sack the officers on the strength of the report stating it did not give the teeth to do so.

Dr Mutai added, "The assembly should form a Select Committee leading to the impeachment of a CEC that will upon moving of a motion and its adoption (by the house) empowers the Governor to act (by sacking the CECs)”

Dr Mutai has handed the assembly report to the County Public Service Board (CPSB) to initiate a disciplinary process against the three Chief Officers implicated in the saga by the County Assembly, saying they were not answerable to the assembly.

However, he stated that his hands were tied on the removal of the officers as recommended by the assembly as the CS and the CECs were not impeached.

Dr Mutai revealed that his Nakuru counterpart Ms Susan Kihika has confirmed that 16 victims of the accident from her jurisdiction had not been factored into the compensation program.

“My heart will rest only when all the victims have been paid their dues. We need to end this matter and stop politicizing it,” Dr Mutai said recently.

The seven man committee appointed by the Governor and chaired by Mr Keter comprising of Ms Jeniffer Marusoi, Bishop Alfayo Omesa, Ms Milca Wangare, Fr Silvanus Ngeno, Mr Julius Mutai and Ms Jane Sang, have however overshot the delivery of the report timelines by a week.