Why EACC wants Nyagarama, Samboja to be charged

Nyamira Governor John Nyagarama. [Standard]

The anti-corruption agency has been told to conduct further investigations in cases where it is seeking the prosecution of two governors.

The Ethics and Anti-Corruption Commission had forwarded two files to the Director of Public Prosecution (DPP) targeting Nyamira Governor John Nyagarama and his Taita Taveta counterpart Granton Samboja.

The EACC had said that investigations had established that Mr Nyagarama had violated the law by irregularly appointing two chief officers while it accused Mr Samboja of holding fake academic papers.

But the DPP ruled that the evidence was insufficient.

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The anti-corruption agency said it received a report that Nyagarama had unilaterally appointed a chief officer for Education and ICT, and another one for Roads and Transport in total disregard of the County Public Service Board’s recommendations.

Abuse of office

“A report was compiled and forwarded to the DPP on 16th October, 2018 with recommendations to charge the governor with abuse of office and conferring a benefit. On 29th November, 2018, the DPP returned the inquiry file and recommended further investigations,” EACC’s report covering the last quarter of 2018 states.

On Samboja, the commission claims its investigation established that there were discrepancies in the documents attached to self-declaration form submitted to the Independent Electoral and Boundaries Commission and the records at Kenyatta University.

“It was established that the said aspirant contravened provisions of the Leadership and Integrity Act. A report was compiled and forwarded to the DPP on 11th December, 2018 recommending to charge the suspect for providing false information and uttering a document. On 6th February, 2019, the DPP returned the inquiry file recommending further investigations,” the report adds.

In a report co-signed by chairman Eliud Wabukala and CEO Twalib Mbarak and dated March 28, the EACC notes that the files of the two governors are among 39 cases that were submitted to the DPP during the period commencing October 1 to December 31 last year.

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Among the cases highlighted in the report is one where Sh58 million was unlawfully paid/transferred to a firm of advocates as purported legal fees for representing the City Council of Nairobi in a fictitious suit.

It was established that the money was thereafter transferred to the accounts of, or held on behalf of the suspects; that payments made were unlawful; and that there was a well-organised conspiracy by several actors to defraud City Hall.

Further investigations

A report was compiled and forwarded to the DPP on December 11, 2018 recommending to charge the suspects but on March 13, the DPP returned the file for further investigations.

Another cases in which the DPP wants further investigation involves allegations of irregular procurement and payments to a firm for analysing a Facebook page for the Kirinyaga County Government and the governor in 2013.

Investigations established that there was no budget or plan in the 2012/2013 financial year. The tender that was awarded to the private company by the tender committee in their meeting held on September 12, 2013 was irregular.

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“A report was forwarded to the DPP on 24th October, 2018 recommending to charge the interim head of supply chain management and the interim county secretary for wilful failure to comply with the law relating to protection of public property and revenue. On 1st March, 2019, the DPP returned the inquiry file recommending further investigations.”

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Ethics and Anti-Corruption CommissionEACCDPPDirector of Public ProsecutionJohn Nyagarama