Family affair? Web of graft in public offices
Integrity Centre that hosts Ethics and Anti-Corruption Commission (EACC) offices in Nairobi.
The list of persons battling corruption-related cases alongside their families and business partners is gradually expanding, revealing the web of alleged graft and fraud within the government as the disputes emanate from businesses done with State institutions.
More than Sh11 billion is at the centre of the ongoing court cases facing 18 families and business partners implicated in graft and tax evasion scandals.
They were sued by State bodies such as the anti-corruption commission after being caught up in alleged unexplained wealth and economic crimes like theft of public funds, fraud, conspiracy to commit an offence of corruption and bribery. Others were sued by the Kenya Revenue Authority.
In some suits, the Ethics and Anti-Corruption Commission (EACC) says some government officials amassed wealth that is not commensurate with their known sources of income.
Graft radar list
Among the top government officials sued alongside their kin are former governors Okoth Obado (Migori), Ferdinand Waititu (Kiambu) and Mwangi Wairia (Murang’a). Others are former Kasarani MP Elizabeth Ongoro, former Machakos minister Urbanus Wambua Musyoka, Kenya Electricity Transmission Company (Ketraco) Senior Manager for Supply Chain Peter Maina Njehia and former supervisor at the Domestic Tax Department at KRA Jeremiah Kamau Kinyua.
Migori Governor Okoth Obado at Milimani Law Court on July 14, 2022.
Also on the list is the senior assistant director of valuation at the Ministry of Lands and Physical Planning Nicholas Owino Ochiel and Nairobi County development control officer Wilson Nashon Kanani.
Former Murang’a governor Mwangi Wairia is among the latest persons to be sued by the EACC over alleged dirty wealth gotten from embezzlement of public money.
The High Court has since issued a temporary order pending the conclusion of an ongoing suit for recovery of over Sh542 million that EACC wants the former governor, his wife and associates to surrender to the national government.
The commission said that from its probe, Top Image Media Consultants, which is associated with the former governor, had been solely awarded media buying tenders worth Sh542,610,615 out of all companies prequalified between financial years 2013/2014 and 2016/2017.
EACC is also seeking to recover wealth worth Sh1.2 billion from a top official at the Ministry of Lands, Nicholas Owino Ochiel (senior assistant director of valuation).
The official was sued alongside his wife Terry Violet Muthoni Maina, his companies Ternic Valuers Limited, and Ternic Enterprises Limited and his brother Richard Omondi Ochiel.
EACC claims that he amassed the wealth through corrupt schemes and he used his wife and brother as conduits.
Former supervisor at the Domestic Tax Department at the Kenya Revenue Authority (KRA), Jeremiah Kamau, is also in court fighting questionable wealth valued in excess of Sh192 million.
Investigations by EACC revealed that he used two companies associated with him, Bestline Enterprises Limited and Cherya Enterprises Limited, as conduits to receive and hold the questionable funds acquired in the course of his job.
EACC says the directors of both companies are Mr Kinyua and Theresa Njeri, his wife.
Twin battle
Former Kiambu governor Ferdinand Waititu, who now serves as a member of the Nairobi Rivers Commission, is fighting a twin battle involving unexplained wealth and corruption.
The corruption case involves Sh588 million issued by the Kiambu Government to a contractor during his tenure.
The civil case involves a Sh1.94 billion forfeiture suit lodged by the EACC against Mr Waititu, his wife Susan Wangari and their trading companies.
Former Kiambu Governor Ferdinard Waititu at the Milimani Law Courts Nairobi on June 29, 2022 during the hearing of a case in which he is charged alongside others with Ksh588 million irregular road construction tender.
Former Machakos Agriculture, Food Security and Cooperative Development executive Urbanus Wambua Musyoka is fighting to retain Sh531.3 million allegedly embezzled from the government.
EACC says companies associated with him — Wisdom Holdings Limited, Wafih International Limited, Kikoto General Merchants Limited and Wemmar Enterprises Limited — were awarded several tenders.
According to EACC, the directors of the companies include Mr Musyoka’s relatives such as his wife Fiona Muthoki Mutisya, who is a director and shareholder of Wafih International Limited and Wisdom Holdings Limited.
Mr Antony Mbindyo Musyoka — a director and shareholder of Wafih International Limited, Wisdom Holdings Limited and Kikoto General Merchants Limited — is his brother.
A senior official at the Kenya Rural Roads Agency (KeRRA), Benson Muteti Musila, and his spouse Zipporah Mwongeli are also in court fighting to retain their assets amounting to Sh1 billion. EACC is seeking forfeiture of the unexplained assets valued at Sh952,363,824 or in the alternative, for an order for payment of the assets’ equivalent in monetary value.
The wealth including millions of shillings stashed in 22 bank accounts, 27 properties, and shares in multiple companies and schools, has since been frozen pending the determination of the forfeiture suit filed by EACC.
Mr Peter Maina Njehia, Senior Manager, Supply Chain at the Kenya Electricity Transmission Company Limited (Ketraco), is also battling EACC to retain assets worth Sh216 million.
Legitimate income
EACC says that between January 2010 and March 2021, when Njehia was suspected of engaging in corruption, he acquired assets worth Sh278 million against his known total legitimate income of Sh40.2 million for the said period.
Nairobi County development control officer Wilson Nashon Kanani, his family and companies are on the spot after it emerged they were worth at least Sh100 million if their bank balances, prime land, homes and luxury automobiles are added up.
Mr Kanani’s two underage children have Sh3.56 million in their account.
EACC has since obtained court orders to freeze 11 bank accounts owned by Mr Kanani and his family members following an application by the EACC.
Former Migori governor Okoth Obado is also fighting twin battles over corruption and forfeiture of alleged dirty wealth. He is alleged to have conspired with contractors and his four children to enrich themselves by defrauding the County Government of Migori of more than Sh505 million.
According to prosecutors, the governor pocketed Sh2.6 billion from the county government coffers during his first term in office through tenders issued to their 23 trading companies.
Mr Obado’s family was charged alongside another set of the family of his business associate Peter Odoyo Oluoch Kwaga.
Mr Kwaga’s relatives were his mother, wife, sister-in-law and his two brothers.
In the corruption case facing Mr Waititu and his wife Susan, their co-accused persons include another couple, Charles Chege and Beth Wangechi, who are directors of Testimony Enterprises Limited.
During Mr Waititu’s tenure, the company received in excess of Sh180 million from the Kiambu county government.
Former Kasarani MP Elizabeth Ongoro is under prosecution alongside 12 others including her spouse Ferdinand Kenga over the Sh49 million non-existent Kasarani Girls High School. EACC alleges that the accused persons embezzled money from the Kasarani Constituency Development Fund (CDF) kitty between May 2008 and December 2012.
Former Kasarani MP Elizabeth Ongoro and her husband Ferdinand Masha Kenga at the Anti-Corruption Court in Nairobi on November 4, 2019, over embezzlement of Sh49 million from the Kasarani Constituency Development Fund.
Former Nyandarua Finance and Economic Planning chief officer Michael Kamau Kuria is battling charges of Sh116 million tax evasion at a Nyeri court alongside his mother and wife.
Mr Kuria, 40, together with his wife Catherine Wanjiku Njeri, his mother Agnes Wanjiku Kuria and business partner Henry Njoroge Gathiga, were charged by the KRA in 2019. They pleaded not guilty to 58 charges relating to tax offences.
Government suppliers
Businessmen and women, operating as government suppliers, have also been caught in the graft web with their families.
Businessman Mukuria Ngamau, who is at the High Court fighting a 27-year jail term imposed by the trial court over theft of money at the Youth Enterprises Development Fund, at the time of pleading to the charges was arraigned alongside his wife Doreen Ngamau. He was fined Sh900 million for the offence.
They were directors of Quorandum Company Limited. Ms Ngamau was dropped from the prosecution during the trial while Mr Ngamau was convicted in October 2021 after being found guilty of five counts of looting Sh180 million from the Youth Fund in 2013.
Still on entrepreneurs, five family members — Lucy Wambui Ngirita, her daughters Ann Wambere, and Phyllis Njeri, son Jerimiah Gichini and daughter-in-law Catherine Wanjiku Mwai — are in court after being linked to the Sh9 billion National Youth Service (NYS) scandal.
The family is fighting charges related to Sh453 million paid to them by NYS for goods that were never supplied.
The case, which started in 2019, is split into three clusters of Sh60 million, Sh167 million and Sh226 million. The trial is ongoing at a magistrate court in Milimani.
Businessman Ben Gethi, his sister Jedidah Gethi and his mother Charity Wangui Gethi were also arraigned together in 2015 over claims of stealing Sh791 million from the NYS. The mother was cleared the following year by the High Court and her name was struck from the list of the accused persons, leaving the son and daughter in the trial.
Businesswoman Mary Wambui Mungai and her daughter Purity Njoki are also in court fighting Sh2.2 billion tax evasion claims. The two, who are directors of Purma Holdings, are facing eight counts involving failure to pay income tax returns and Value Added Tax.
Still, on tender tycoons, business partners John Waluke (Sirisia MP) and Grace Wakhungu are at the Court of Appeal fighting a lower court’s ruling that sentenced them to a combined 136 years in jail for theft of Sh297 million from a State corporation.
The pair is also fighting a combined fine of Sh2 billion imposed by the magistrate court three years ago for alleged ‘supply of air’ to the National Cereals and Produce Board.
