The Ethics and Anti-Corruption Commission (EACC) has launched investigations into multimillion-shilling dealings of 25 law firms with the Nairobi County government, including one associated with Senate Majority Whip Irung’u Kang’ata and another owned by Makueni MP Dan Maanzo .
The latest probe by the anti-corruption agency is on payment of legal fees by City Hall to the firms between 2013 and 2020. The EACC, in a letter dated January 21, wants Nairobi County secretary to furnish it will the specific case files handled by the 25 law firms for the last seven years, including details of the cases, letters of instructions and contract agreement.
“The commission is undertaking investigations at the Nairobi City County in respect of payments of legal fees to the following firms,” reads the letter. “To facilitate our investigations, kindly but urgently furnish us with the original documents in respect to the mentioned firms.”
But Dr Kang’ata reads political mischief in the new probe, saying he worked for City Hall in 2018 and got paid.
“I got paid and everything ended well. These investigations are nothing but politics. I have been in public service as a councillor, MP and senator and these are the first investigations that I am facing,” he said.
He added that his political “persecutors” should know that “I am a lawyer and ready to shake them off ”.
“I have all the documents to show my singular payment from City Hall was legal and legitimate. It’s not a coincidence that the investigation is being done three years after the payment.”
Saturday, he tweeted. “As the Bible says in James 1.12 , blessed is the man who remains steadfast during trial.”
He accused EACC of sparing the many known corrupt governors and those who have been implicated in ripping off Kenyans in the Covid-19 scandal as long as they are supporting the BBI. Mr Kang’ata in a controversial letter in December warned President Kenyatta that BBI would fail in Mt Kenya .
“They have not even recorded statements. But EACC is now after me on baseless allegations, coincidentally, after I spoke my mind. They should arrest all Mt Kenya residents who share my view. I knew the risks when I decided to speak the truth,” he said.
Mr Maanzo said that he will present himself to the EACC Monday “to have my name cleared so that I can start the process of having the county pay the huge monies they owe my law firm because I also need to pay my staff.”
“My law firm has represented the city on land recovery since the days of Dr Evans Kidero administration and I have won for them all the cases. What I know is that there could be those who may have exaggerated their claims, but I can tell you that I am a stickler to the advocates’ remuneration order. It’s this evidence that I will be presenting to the EACC. My files are clean and I want to urge the EACC not to mix us with those who want to loot.”
Other targeted firms are Osundwa and Co. Advocates, Kwanga Mboya and Co. Advocates, Kithi and Co. Advocates, Wanjiku Maina and Co. Advocates, E.Onyango and Co. Advocates, J.O Magolo and Co. Advocates, Ario Advocates, Maskam ( Asanyo), E.N Omoti and Co. Advocates and Ogeto Ottachi and Co. Advocates.
Others are Musyoka Mogaka and Co. Advocates, Masire Mogusu and Co. Advocates, Miller Co. Advocates, Koceyo Co. Advocates, R.M Wafula Co. Advocates, Mbaluka Co. Advocates, Njenga Maina Co. Advocates, Kandie Murtai Co. Advocates and Sirma Co. Advocates, Arati Co. Advocates, C.M Mitema Co. Advocates, Munyasia Co. Advocates and Ongicho Ongicho Co. Advocates.
The commission further wants to be furnished with all payment vouchers and cheque counterfoils and a list of prequalified law firms for the year between 2013 and 2020.
This is in addition to minutes approving the list of pre-qualified law firms and any other document relevant to the said investigations.
The probe comes just months after Nairobi County MCAs raised concerns over millions of shillings in payments to certain law firms despite the county government having won no case in the court in recent times.
The ward representatives also lamented the favouritism by City Hall in clearance of pending bills owed to lawyers instead of small-scale suppliers owed less money.
In particular, City Hall paid only pending bills belonging to legal firms to the tune of Sh795.9 million out of Sh2.5 billion allocated for clearance of pending bills, locking out other suppliers and contractors.
This led to the MCAs, in November last year through a motion by nominated MCA Silvia Museiya, to call on the county executive to come up with a policy to streamline outsourcing of legal services by the county government.
The county legislators complained how outsourcing of lawyers by the county’s legal department had been turned into a business, where some lawyers collude with officials from the county executive and office of the county attorney to siphon money from the devolved unit.
The MCAs accused one unnamed law firm of being paid Sh250 million despite having not carried out any legal transaction with the county government.
Painting a grim picture of the rot in the legal department at City Hall, an audit report by the Auditor-General for the 2016/2017 financial year revealed the department Sh592.4 million in unauthorised payments.
According to the report, the department spent Sh645.3 million in legal costs against an approved budgetary allocation of Sh105 million.
The bulk of the money, Sh314.4 million, went to certain 12 firms with the money being spent outside the Integrated Financial Management Information System (Ifmis).
