Ngilu 'associates' to face corruption charges

Business

By Cyrus Ombati

Several people are likely to be charged in court this week over the alleged multi-million shilling scandals in the Ministry of Water and Irrigation headed by Charity Ngilu.

Director of Public Prosecution (DPP) Keriako Tobiko confirmed to The Standard his office had made the recommendations for the prosecution.

"I cannot recall all the names, but the decision for action was made and passed to the KACC last week. It is now upon them to take the individuals to court," he said.

It also emerged the DPP’s office has also recommended further investigation of Ngilu, an indication that she is not among those likely to be charged this week.

The Water and Irrigation Minister, who is also the Kitui Central MP, has blamed the investigations on politics. The DPP’s office said it concurs with Kenya Anti-Corruption Commission (KACC) that the suspects be prosecuted.

They will face charges of conspiracy to defraud, violation of procurement and fraudulent acquisition of public property.

Among them are top ministry officials who awarded the tenders.

KACC, which has been replaced by the yet-to-be-constituted Ethics and Anti-Corruption Commission, will continue with investigations on Ngilu’s alleged involvement in corruption.

The commission had recommended that Mrs Ngilu be prosecuted for abuse of office after she allegedly commissioned an incomplete borehole in Kangundo, but Tobiko asked that further investigations be carried out.

KACC also accuses the minister of breach of trust and conspiracy to defraud the Government after she launched Ndovoini borehole, which allegedly ran dry soon after it was commissioned.

Ngilu visited the project last week to demonstrate it was working.

Among the individuals KACC has been investigating is a son-in-law to the minister Mr Billy Indeche, and Mr Dennis Apaa, husband to Tourism assistant minister and MP for Runyenjes, Cecily Mbarire.

Apaa and Indeche are some of the directors of Broad Vision Utilities, which was allegedly paid Sh2.9 million following the commissioning of the borehole.

Not complete

Those suspects who will appear in court will also face charges of forgery and uttering false documents.

Broad Vision Utilities and some of its associates are accused of committing an economic crime by allegedly jointly conspiring to defraud the Water Ministry of Sh26 million.

They are accused of purporting that their company was qualified for the award of a tender for sinking five boreholes in Machakos and Makueni districts under the emergency drought mitigation programme, a fact they knew or ought to have known was false, part of the recommendations say.

According to KACC officials, the offence was allegedly committed between January 22 and September 7, 2010.

They also face the accusation of conspiring to defraud the public of Sh2.9 million by planning and participating in the commissioning of the Ndovoini borehole when the works were not complete.

KACC started investigations into the scandal in January 2011 following allegations that there had been contract variations and payments of up to Sh26 million made to a contractor by the Tanathi Water Services Board.

The anti-graft body is also investigating the burning of an office in Industrial Area, which had crucial data in relation to the scandal.

According to findings of the project, a completion report was never prepared or presented to the ministry’s Permanent Secretary as required.

It is the reason that the commission had recommended that Mrs Ngilu face an alternative count; that as a public servant, she committed a breach of trust by commissioning the borehole when the works were not complete.

Immediate former KACC Director Patrick Lumumba and his four deputies left office early this month after a new law that transforms KACC into the Ethics and Anti-Corruption Commission (EACC) was passed by Parliament.

The commission is now under the management of the KACC Advisory Board for 90 days. Three commissioners are to be picked to head the new agency.

A secretary will be appointed to run the day-to-day business.

Those who had seen the file say Broad Vision and its directors are also accused of attempting to defraud the public by demanding payment of Sh6.1 million from the ministry for a power related payment.

This is after they allegedly claimed the money would be paid to the Kenya Power and Lighting Company for connection of power to the boreholes in Machakos and Makueni districts.

According to investigators the claims were false and they have recommended a financial audit to ascertain the costs incurred in drilling the five boreholes.

Sting operation

Thereafter, KACC’s civil litigation and asset recovery team will move to recover the extra money paid to Broad Vision Utilities.

The commission will also examine systems and procedures at the Water Ministry to streamline the tendering process and eliminate loopholes likely to lead to corruption.

The commission’s spokesman Nicholas Simani did not respond to calls by this writer to seeking clarity on when the arrests are expected.

Mbarire and her husband was the subject of an alleged sting operation led by Lumumba in which the former KACC boss claimed the duo had tried to bribe him to influence investigations of the Water Ministry.

Mbarire has denied the allegations leveled against her and her husband and sued Lumumba for defamation of character.

In April, parliamentary Lands and Natural Resources Committee exonerated Water Minister Charity Ngilu over the corruption allegations.

MPs later supported the findings of the committee. Parliament thereafter adopted the committees report.

Public Works Assistant Minister Mwangi Kiunjuri, who had levelled accusation against Ngilu, trashed the parliamentary report.

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