EACC investigation allegedly diverted Sh39m by Kericho County officials

The Ethics and Anti-Corruption Commission (EACC) and the Directorate of Criminal Investigations (DCI) have launched an investigation into seven companies suspected of siphoning Sh39 million from the Kericho County Government.

The investigation follows a petition from concerned residents who alleged that senior county officials were receiving bribes from these companies after irregularly awarding tenders in several departments.

The companies are accused of benefiting from tenders for beautification projects in Kericho and Litein municipalities, despite not having been pre-qualified for the said projects in the current financial year.

They allegedly hired youths to perform tasks such as unblocking drains, garbage collection and clearing, but did not compensate them for their work. Additionally, payments were made for work that was not completed or had already been completed by other institutions.

Eacc spokesperson Eric Ngumbi confirmed the commission’s involvement in the investigation into the alleged misappropriation of public funds in the beautification projects.

“Once the investigations are concluded, appropriate action will be taken, including the prosecution of the culprits and the recovery of the stolen funds,” Ngumbi said.

According to a whistleblower report, payments to these companies were made between November 2023 and April 2024. Some senior officials are alleged to have used the proceeds to purchase land and received cash bribes from the companies.

“In an agreement with the Kericho County Government, contracted companies were required to receive money and make payments to the hundreds of youth participating in the project, but some youth were underpaid or not paid at all,” the report states.

In the petition, it is alleged that a director used the profits to buy land outside Kericho town, while other senior officials (names withheld for legal reasons) allegedly received cash from the companies.

“The companies were engaged in miter drain cleaning, drain unclogging and bush clearing, without an approved procurement plan, in contravention of article 45 (2) (b) and (C), as read with the article 48 of the Anti-Corruption and Economic Offenses Act, 2003,” it was further alleged.

Some of the companies would have been registered by senior officials through their representatives with the sole objective of diverting public funds and investing them in the acquisition of properties that are the subject of the investigations.

The agents under investigation by the two government agencies are alleged to have engaged in collusion and conspiracy to commit economic crimes.

The Directorate of Public Prosecutions (ODPP) also confirmed that the matter is under investigation.

Geoffrey Obiri, principal deputy director of the ODPP, stated in a letter that the office had received a notice of intent to launch private investigations against the companies and county officials involved. He highlighted that the ODPP has the exclusive authority to initiate criminal investigations and prosecutions.

Obiri in a letter to a law firm – lawyers of Chanzu, Victor and Company, the ODPP acknowledged that it had received a letter – CV/CR/PP/004/2024 dated February 14, 2024, from the lawyers with the intention of establish private investigations against the companies and county officials involved in the alleged underhanded dealings.

He said that in the letter received by the ODPP on March 1, 2024 there was a notice of intention to initiate private proceedings under section 88 (1) of the Criminal Procedure Act.

“Article 157(1) of the Constitution and Article 6 of the ODPP Act give the Director of Public Prosecutions (DPP) the exclusive power to initiate any criminal investigation. A party seeking the right to conduct any criminal proceedings must demonstrate that after reporting the matter to the investigating agency, the Director of Public Prosecutions took charge of the case and has failed to exercise his or her prosecutorial powers as such and/or has denied without any legal justification. provided for in Article 157 (II) of the Constitution,” Obiri wrote.

Obiri, in his letter dated April 15, 2024, asked the law firm to grant time to the Directorate of Criminal Investigations and the Ethics and Anti-Corruption Commission (EACC), which had received the complaints, to address the matter comprehensively. .

“Once these investigations are completed, the file will be sent to the Office of the Director of Public Prosecutions for examination and advice,” Obiri said.

A senior Kericho county government official said the EACC and DCI had not communicated with the devolved government unit about the ongoing investigations.

“We are not aware of any investigation into the allegations made. However, we are aware that the petition was sent to the county assembly, which was dealt with by an ad hoc committee,” the official, who asked not to be identified due to the sensitivity of the matter, said on Sunday.

“I wish to clarify that any procurement in the county over the work done by the Litein and Kericho municipal boards was legitimate. Any payments that have been made or are pending are legally due for work performed. “We do not tolerate any diversion of public funds,” the official stated and refused to further discuss the matter.