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Senior officials of parastatals lined up for prosecution

By Moses Njagih | November 24th 2019
Former National Land Commission Chairman Muhammad Swazuri.

The National Lands Commission, Kenya Ports Authority and Kenya Rural Roads Authority are among institutions whose senior officials are either under investigation or recommended for prosecution by the Ethics and Anti-Corruption Commission for corruption.

In its scorecard quarterly report tabled in Parliament on Thursday, EACC details the status of all the cases they investigated between April 1 and June 30, revealing cases where senior employees of parastatals and government agencies embezzled millions.

But according to the report dated October 14, EACC forwarded 28 files to Director of Public Prosecution in which they recommended prosecution, but only one case has so far been lodged in court.

EACC told Parliament that in seven other cases, the DPP has agreed to the prosecution, while six others have been returned to them for further investigation.

Former NLC chairman Mohamed Swazuri, members of  Land Acquisition and Compensation Committee and other officials are recommended for prosecution together with partners of a law firm for irregular compensation of land where the suspects allegedly pocketed some Sh54.5 million.

This emanated from a compensation that NLC undertook on behalf of Kenya National Highways Authority where the land agencies officials returned a valuation of Sh109,769,363 for land referenced MN/VI/3801 to be paid to Tornado Carriers Ltd.

But EACC says from their probe, they realised the land acquisition and compensation committee approved the payment schedule where the payment was split, with owners of the land receiving Sh55,269,363, while the balance of Sh54.5 million was paid to the law firm’s bank account. “The money from the bank account of the law firm was disbursed to several beneficiaries who included public officers employed at NLC and their relatives,” reveals the EACC report in which they recommend that the named persons be charged with conspiracy to commit an economic crime and abuse of office.

In another case, EACC says that it has recommended the prosecution of KPA’s general manager, finance and the accountant together with the directors of Nyali Capital Limited for irregular transactions amounting to Sh214,548,340.80.

The investigators established that the private company that made millions in unscrupulous deals was associated with the senior manager at KPA. According to EACC, firms contracted to supply goods and works were being directed to seek financing from NLC to service the tenders at an interest of 10 per cent.

“Upon supply of the goods and services, KPA would deduct the principal amount plus the interest accrued and directly pay to NCL and the rest paid to the contracted firm”.

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