From left top: Former governors Wycliffe Oparanya (Kakamega) Okoth Obado (Migori), Ferdinand Waititu (Kiambu), Tharaka-Nithi Governor Muthomi Njuki, Embakasi North MP James Gakuya, Former Kasarani MP Elizabeth Ongoro and Kwale Head of Treasury Vincent Mbito.
Former Kakamega governor Wycliffe Oparanya and his wife are the latest additions to a growing list of prominent individuals and their relatives caught up in multi-million shilling corruption cases.
Mr Oparanya and his spouse will face trial over Sh2 billion payments to companies that bagged dozens of tenders during his tenure after the Director of Public Prosecutions (DPP) approved charges.
And Kwale county head of Treasury Vincent Mbito and his four brothers were on Tuesday charged with fraudulently obtaining Sh22.8 million from the county through payments to a firm they are associated with.
At the same time, the DPP has asked the anti-graft agency to investigate further claims Embakasi North MP James Gakuya embezzled Sh51 million using companies associated with his daughter and other close allies.
These are the latest alleged corruption cases investigated by the Ethics and Anti-Corruption Commission (EACC) involving current and former top public officials as well as their relatives.
In all the cases, EACC alleges the officials abused their office to influence the award of lucrative contracts to companies run by their relatives to illegally benefit from county coffers.
These disclosures are contained in EACC’s fourth quarter report for the period October 1st to December 31st, 2023, which was published in the Kenya Gazette.
They add to a growing list of past and present State officials who are in court alongside their spouses and children battling corruption charges.
The DPP has recommended prosecution of Mr Oparanya on allegations he irregularly pocketed Sh56.7 million from the county, according to the EACC report published on February 23 in the Kenya Gazette.
EACC opened an investigation in October 2022 into claims the questionable tenders were awarded when Mr Oparanya served as governor for two terms from 2013 to 2022.
The probe, according to EACC, established the firms including AFBA Construction Company Limited, Western Cross Express limited, Sabema International Limited and Sesela Resources Limited were awarded 60 contracts.
They collectively received Sh2.2 billion and, EACC alleges, the six paid kickbacks to the governor directly and indirectly through companies associated with him.
EACC claims part of the cash was used to purchase a property.
The anti-graft agency also claims the governor leased his property to the county for Sh9.2 million but still continued drawing allowances from the devolved unit, which is conflict of interest.
Initially, the DPP had on November 16th, 2023, returned the inquiry file with recommendations for further investigations and the EACC resubmitted the file on December 4th, 2023.
On December 18th, 2023, the DPP approved prosecution of the former governor, his spouse, county officials, some of the directors of the companies and a lawyer who was involved in the transaction for purchase of property belonging to the former governor.
The suspects will face numerous charges including conspiracy to commit an offence of corruption, conflict of interest, abuse of office and money laundering.
On Friday, Mr Oparanya said EACC had not asked for his side of the story. “I don’t know what they are talking about as they have not obtained any statement from me,” Mr Oparanya told Nation.
In Kwale, EACC claims the Mbito brothers are directors of Rome Investment Limited and Chilongola Limited companies, which received Sh50 million from the county government for 10 tenders from 2017 to 2019 when Vincent Mbito served as head of treasury.
Also in court were Mongo Mbito (county revenue officer), Hassan Shilingi (a driver with Kwale Water and Sewerage Company Limited), Mwaiwe Mongo (county procurement officer) and Chindoro Mongo (who was initially an intern at the county before moving to the Ministry of Health) and their company, Chilonga Holdings Limited.
Investigations, EACC says, established that the brothers used forged documents to secure 10 tenders to supply sanitation material, food and ration, general office supplies, and institutional appliances.
The accused allegedly being directors and beneficial owners of Chilongola Holdings Limited submitted to the county government forged documents with the intention to influence the procurement process.
EACC alleges bid documents including purchase requisition forms, minutes of the Tender Opening Committee, letters of appointment of the inspection and acceptance committee and inspection and acceptance minutes relating to the tenders were fakes.
The Mbito brothers denied the corruption charges.
In Embakasi North, EACC is after area MP in a probe into procurement irregularities totalling Sh51.3 million. EACC claims the MP used his office to award tenders to his children and close associates. The bids were allegedly for construction of classrooms, event hosting and roadworks within the city constituency.
EACC alleges investigations established the constituency awarded various tenders to four companies- Ndakaini Enterprises Limited, Allica Investment Limited, Pride Wind Africa Limited and Ndakaini Hardware and Property Agencies.
Bank account
The legislator allegedly in turn received Sh10 million either directly or indirectly from the companies associated with the daughter and other close associates.
EACC claims the MP is a signatory to a bank account in one of the companies — Ndakaini Hardware and Property Agencies.
On October 12th, 2023, EACC forwarded to the DPP a report with recommendations to charge the MP, the Fund Account Manager and directors of the four companies with numerous charges including conflict of interest, unlawful acquisition of public property and abuse of office.
However, on December 6th, 2023, the DPP returned the inquiry file with recommendations for further investigations. On Friday, Mr Gakuya did not respond to Nation’s inquiries.
Former Migori Governor Okoth Obado and 23 others including his four children are also battling Sh73.4 million corruption charges linked to his tenure in the county. Obado is accused of receiving funds from companies associated with his proxies that got county tenders from 2013 to 2017. Prosecutors allege the companies wired Sh38.9 million to accounts of the governor’s children- Dan Okoth, Susan Okoth and Zachary Okoth.
Mr Obado is charged with 19 counts of various corruption-related offences, in which he pleaded not guilty on 21st October 2021.
Mr Obado’s family was charged alongside the family of his business associate Peter Odoyo Kwaga.
Mr Kwaga’s relatives are his mother Peninah Auma, his wife Christine Akinyi, his sister-in-law Carolyne Anyango and his brothers Patroba Ochada and Joram Opala.
All the accused have denied the charges, which include conflict of interest.
Also ongoing is the trial of Tharaka Nithi Governor Muthomi Njuki and 19 others who were charged with various corruption related offenses in 2020.
The case against Mr Njuki, county officials and traders relates to alleged irregular award of a Sh34.9 million tender for a solid waste project.
Prosecutors allege the incinerator was imported at a cost of Sh3.3 million by Generation Electronics and Allied Company Limited, a firm whose director is listed in court papers as the governor’s wife, Margaret Mugweru.
The governor, his wife, brother-in-law George Mugweru and 13 county officials as well as businessmen have pleaded not guilty to the charges of embezzlement of public funds.
Last September, a Nairobi court ruled former Kiambu Governor Ferdinand Waititu, his wife Susan Wangari and their co-accused have a case to answer over an alleged irregular award of a Sh588 million road tender in 2018 during his tenure as county boss.
The accused have denied the charges.
Former Kasarani MP Elizabeth Ongoro has also been prosecuted alongside 12 others, including her husband Ferdinand Masha, over Sh49 million spent on what prosecutors say was on a non-existent school.
The anti-graft agency alleges that the accused embezzled the money from the Kasarani Constituency Development Fund (CDF) kitty between 2008 and 2012 when Ms Ongoro was MP.
Meanwhile, the DPP has also recommended the prosecution of Taita Taveta county assembly Speaker, Clerk, 21 Members of county assembly and four other county officials for illegal allowances they pocketed in 2022 during a bonding trip to Zanzibar.
The officials splashed Sh7 million at Marijani Hotel in Zanzibar in November 2022.
EACC says investigations established some officials were paid excess per diem which they were not entitled to because accommodation had been provided.
In Turkana, a senior county official is under investigation over the construction of the Speaker’s residence whose cost was inflated by Sh34.8 million.
EACC says the work done was valued at Sh19. 4 million yet the contractor was paid Sh54.3 million for the building at Kanamkemer ward.
