Eacc arrest former governor, three official over abuse of office

Nyandarua Governor Waithaka Mwangi when he appeared before Senate Assembly Public Accounts and Investment Committee at Parliament on Thursday 07/04/16 over audit queries.[PHOTO.BONIFACE OKENDO]

A former governor and three county government officials have been detained after they presented themselves to the anti-corruption commission.

Former Nyandarua governor Waithaka Mwangi, former county executive committee member Grace Gitonga, Kihiu Gichinga Gaiko and Jesse Wachira turned themselves in at the Ethics and Anti-Corruption Commission (EACC) Nyeri offices a few minutes before midday and were questioned for several hours.

The former county boss and seven senior officials were alleged to have failed to comply with procurement laws in two county projects worth more than Sh55 million.

The officers are expected to be charged with abuse of office and flouting procurement procedures.

EACC Regional Director Charles Rasugu said the officials who had failed to turn up at the anti-graft body’s offices yesterday were being sought.

On Wednesday, Director of Public Prosecutions (DPP) Noordin Haji ordered the arrest and prosecution of Mr Mwangi and seven others for failing to comply with procurement laws.

Anti-graft detectives who had gone to arrest the former governor in Nyahururu town missed him.

Public procurement

Mwangi and Ms Gitonga, according to a statement by Mr Haji, will be charged with willful failure to comply with the law relating to public procurement, contrary to Section 45 of the Anti-Corruption and Economic Crimes Act, 2003.

Top on the list of the projects under investigation, Mr Rasugu said, was the procurement of a design for the county water master plan at a cost of Sh23 million.

Also under scrutiny is the procurement for the Ol Kalou sewerage system estimated to have cost Sh32 million.

The former governor also faces a charge of abuse of office, contrary to Section 46 of the Anti-Corruption and Economic Crimes Act.

The DPP has furthur recommended the arrest and prosecution of the owners of M/S Tahal Consulting Engineers Ltd - Chen Yochanan Ofer and Albert Attias - for fraudulently acquiring public property.

Haji said investigations into the matter, which have been going on since 2014, had revealed that the former governor flouted procurement laws and regulations in awarding the contract to redesign the Ol Kalou town sewerage system to M/S Tahal Consulting Engineers Ltd in December 2014.

For the works, M/S Tahal Consulting Engineers Ltd was irregularly paid Sh50,470,513.

Investigations further revealed that during the financial year 2013/2014, the Nyandarua County government neither had a procurement plan nor funds for the project.

Lawful entity

It also emerged that at the time of the transaction, the company was not a lawful entity, which was in breach of the Public Finance Management Act regulations.

The county government also did not seek the approval of the Public Partnership Committee before signing the contract on April 30, 2014.