EACC and DCI Investigate Kericho County Officialss for Alleged Sh39 Million Embezzlement
The Ethics and Anti-Corruption Commission (EACC) and the Directorate of Criminal Investigations (DCI) are investigating seven companies suspected of diverting Sh39 million from the Kericho county government.
This inquiry comes after residents petitioned, alleging that senior county officials were receiving kickbacks from these companies after awarding contracts inappropriately across different departments.
The companies allegedly won contracts for beautification projects in Kericho and Litein municipalities without being prequalified for the projects in the current financial year.
It’s believed they employed youths for tasks like clearing drainages and garbage collection but did not pay them. Additionally, payments were made for work that was incomplete or duplicated.
EACC spokesperson Eric Ngumbi confirmed their involvement in investigating the misuse of public funds in beautification projects.
“Upon completion of the investigations, necessary action, including prosecuting responsible individuals and recovering stolen funds, will be taken,” Mr. Ngumbi stated.
According to a whistleblower report, payments to these companies were made between November 2023 and April 2024, with allegations of senior officials using the proceeds for land purchases and receiving cash kickbacks.
“In an agreement with Kericho county government, the contracted companies were supposed to pay the hundreds of youths involved in the project, but some youths were underpaid or unpaid,” the report states.
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A petition alleges that a chief officer used proceeds to buy land in Kericho town while other senior officers (whose names are withheld for legal reasons) received cash from the companies.
“The companies engaged in cleaning drainages and clearing bushes without an approved procurement plan, violating sections 45(2)(b) and (c) and 48 of the Anti-Corruption and Economic Crimes Act, 2003,” the petition further stated.
Some of the companies are allegedly registered by senior officials through proxies with the intent to divert public funds and invest them in properties currently under investigation.
The officers under investigation are suspected of colluding and conspiring to commit economic crimes.
The Office of the Directorate of Public Prosecutions (ODPP) confirmed the matter is under investigation.
Geoffrey Obiri, a Senior Assistant Director at the ODPP, mentioned in a letter that his office received a notice of intent to begin private investigations against the companies and implicated county officers. He emphasized that the ODPP holds the exclusive authority to commence criminal investigations and prosecution.
In a letter to the law firm Chanzu, Victor, and Company Advocates, ODPP acknowledged receiving a letter (CV/CR/PP/004/2024) on February 14, 2024, concerning an intention to start private investigations against the companies and county officers involved in alleged misconduct.
The letter received by ODPP on March 1, 2024, included a notice of intent to pursue private prosecution under section 88(1) of the Criminal Procedure Act.
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“Article 157(1) of the Constitution and Section 6 of the ODPP Act grant the Director of Public Prosecutions (DPP) the exclusive authority to initiate any criminal investigations. Any party wanting to conduct criminal prosecution must demonstrate that after reporting the matter to the investigating agency, the Director of Public Prosecution had taken up the case but failed or refused, without legal justification, to use his prosecutorial powers as outlined in Article 157(II) of the Constitution,” Mr. Obiri wrote.
In a letter dated April 15, 2024, Mr. Obiri told the law firm to give time for the Directorate of Criminal Investigations and the EACC to fully address the complaints.
“Once these investigations are completed, the file will be sent to the Office of the Director of Public Prosecutions for review and guidance,” Mr. Obiri stated.
A senior official in the Kericho county government said EACC and DCI hadn’t informed the devolved government unit about the ongoing investigations.
“We are unaware of any investigations regarding the accusations. However, we know the petition was sent to the county assembly and addressed by an ad-hoc committee,” said the official, who remained anonymous due to the matter’s sensitivity.
“I want to clarify that any procurement by the Litein and Kericho Municipal boards was legitimate. All payments made or pending are due for work done. We don’t tolerate the misuse of public funds,” the official stated, refusing to comment further on the matter.
EACC and DCI Investigate Kericho County Officialss for Alleged Sh39 Million Embezzlement
