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Ten claims filed by suspect against former Devolution Cabinet secretary

By Paul Wafula | February 17th 2016

1. Anne Waiguru gave me a secure phone which only she would call, and instructed me to only switch it on between 7am and 9am then again between 7pm and 9pm. I met Anne Waiguru in 2012 while working at KDN and we became friends and acquaintances. At the request of Waiguru, I took my CV personally to her house in Runda Evergreen House Number 29. In August 2014, she requested me to bring along a copy of my national identification card, passport size photos and copy of my PIN certificate to facilitate the incorporation of companies.

2. She informed me that four people – Betty Maina (personal assistant), Hassan Noor (director of administration at Planning Ministry), Adan Harakhe (who was poised for a senior position in the NYS) and Mutahi Ngunyi (NYS consultant) – would be of assistance in processing of tenders and payment. Loise Nyamu Mbarire, her elder sister, would pay supply agents and move profits.

3. The Cabinet secretary instructed me to open bank accounts for the companies at Family Bank and specifically at Kenya Tea Development Agency Plaza branch. She called Raphael Ndunda, who was an employee of Family Bank as head of compliance. His role was to ensure the accounts were operated without hiccups.

4. Waiguru stated that, in big deals, there are normal Government bureaucratic delays in remittance of payments and she advised it would be wise to have some other businesses as a front to rely on. In this regard, I floated the idea of a computer accessories shop and she loaned me Sh1 million. Waiguru provided seed capital to start supply of the road construction materials.

5. She was involved at all levels, held several meetings with me and various highly placed Government officials including the director of banking fraud department, Mr Mugwanja, in the investigations when this matter arose under the disguised allegations of corruption.

6. At some point, Mr Harakhe summoned the director of finance to his NYS office and introduced me as the sole merchant assigned to deliver all the road materials. Once Mr Harakhe took over, payments and remittances were effected much faster.

7. On May 3, 2015, Harakhe also requested me to meet him in his office for our regular meeting and that I take Sh20 million in cash with me, which he told me to hand over to a gentleman only introduced to me as Mohammed. Mr Harakhe requested I deposit Sh40 million in an account number he gave me. I informed the CS (Waiguru) about the monies requested by Mr Harakhe and she told me that she was aware.

8. That in dealing with Jua Kali workers and contractors, I was advised by CS Waiguru to withdraw money in cash and carry it in bags since the bulk of payees could neither take cheques nor RTGS. Since the amounts of money involved were sometimes large, I had to call the bank and make prior arrangements for the money to be in cash. Most of the time the CS would request that I give part profits to Loise Nyamu Mbarire.

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9. CS Waiguru instructed that I hand to one Mr Mugwanja Sh80,000,000 I had earlier disclosed to Waiguru I had kept in the two safes. She said they would keep it safely away from the NIS, who had been looped into the case.

10. Prior to the supply of road construction materials in November 2012, CS Waiguru had assisted me secure other contracts with about 30 LPOs for my other companies at the NYS valued in excess of Sh400 million.

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