Following a comprehensive investigation by the Ethics and Anti-Corruption Commission (EACC) and upon receiving and independently reviewing the investigation file I have found sufficient evidence to warrant prosecution and l have therefore ordered for the immediate arrest and arraignment in court of the Governor of Nairobi Hon. Mike Mbuvi Sonko and other persons for the crimes of conflict of interest arising from having received monies from the County of Nairobi whilst serving as Governor, unlawful acquisition of public property, money laundering and other economic crimes.
Investigations into these crimes have been challenging because of the repeated attempts by the accused to obstruct the course of the investigations by deploying intimidation tactics in addition to using goons to threaten law enforcement officials carrying out their constitutional mandates. The investigations by the Ethics and Anti-Corruption Commission uncovered numerous instances of criminal conduct and a general disregard of the law by the Governor and the others being charged. Put simply, the actions of the accused showed a blatant disregard for laws. The Accused persons placed their own interest ahead of the residents of Nairobi. This constitutes a clear and reprehensible abuse of the public trust.
Public Officials should be role models for the citizens they serve- by adhering to the highest of standards; These individuals being charged today, chose to break laws, actions for which they must be held accountable in order to preserve the public trust and confidence.
Whenever public trust is betrayed by those in positions of authority, by misusing their privilege to conspire, connive and commit crimes against the people; our laws expressly mandate the law enforcement agencies and the Office of the Director of Public Prosecutions to step up and safeguard the public good and interest.
Today’s decision to charge underscores the fact that the Office of the Director of Public Prosecutions remains firmly committed to safeguarding the citizens of Kenya and combating fraud and crime in all its forms. No One nor any entity is above the law and we will never tolerate activities like the criminal conduct at issue in these charges. That is why the Office of the Director of Public Prosecution will continue to direct investigative agencies to meticulously and deliberately investigate any such matters brought to our attention using every tool, resource and legal authority at our disposal to ensure that justice is served to the Kenyan people.
We are committed to bringing to justice individuals who misuse their official positions and line their own pockets with millions of Shillings of taxpayer’s funds for their own greed at the expense of the Kenyan taxpayers.
Having reviewed the inquiry file, I am satisfied that there is sufficient evidence establishing criminal culpability on the part of the following suspects and Consequently, I have today directed the EACC to effect the immediate arraignment before court, of the accused persons named herein below:
A. Officers from the Nairobi City County Government who facilitated and/or benefitted from the irregular procurement and payments amounting to Kshs. 357, 390,299 million:-
S/NO.
NAME
DESIGNATION
1.
Kioko Mike Sonko Mbuvi Gidion
Nairobi City County Governor
2.
Peter Mbugua Kariuki
County Secretary
3.
Patrick Mwangangi
Head Supply Chain Management
4.
Samuel Ndungu Mwangi
Member of the Negotiation, Tender Opening and Evaluation Committee
5.
Edwin Kariuki Murimi
Member of the Negotiation, Tender Opening and Evaluation Committee
6.
Lawrence Mwangi Mukuru
Member of the Negotiation, Tender Opening and Evaluation Committee
7.
Preston Mwandiki Miriti
Member of the Negotiation, Tender Opening and Evaluation Committee
8.
Wambua Ndaka
Senior Clerical Officers of NCC
9.
Andrew Nyasiego
Senior Clerical Officers of NCC
B. Private persons and business entities who benefitted from funds irregularly acquired from the Nairobi City County Government.
S/NO.
NAME
DESIGNATION
1.
Anthony Mwaura Ng’ang’a
Director, Hardi Enterprises Limited and Toddy Civil Engineering Limited
2.
Rose Njeri Ng’ang’a
Director, Hardi Enterprises Limited and Toddy Civil Engineering Limited
3.
Hardi Enterprises Limited
Limited Liability Company
4.
Toddy Civil Engineering Limited
Limited Liability Company
5.
Arbab Auto Limited
Limited Liability Company
6.
ROG Security Limited
Limited Liability Company
7.
High Energy Petroleum Limited
Limited Liability Company
8.
Antony Otieno Ombok
Director, ROG Security Limited, Arbab Auto Limited & High Energy Petroleum Limited
Upon further review, I also found that the following persons and business entities contracted by Nairobi City Council Government in delivery of various services to the county are criminally culpable for money laundering to a tune of Kshs. 24.1 million: –
S/NO.
NAME
DESIGNATION
1.
Web Tribe Limited
Limited Liability Company
2.
Danson Muchemi Njunji
Director Web Tribe Limited
3.
Robert Muriithi Muna
Director Web Tribe Limited
4.
Zablon Onyango Ochomo
Agent, Web Tribe Limited
5.
Fredrick Odhiambo ALIAS Fred Oyugi
Partner T/A Yiro Enterprises
In this regard, I direct that the above quoted persons and business entities be charged with the following offences:-
1. Conspiracy to commit an offence of corruption contrary to Section 47A (3) as read with Section 48 of the Anti-Corruption and Economic Crimes Act.
2. Willful failure to comply with law relating to procurement contrary to section 45 (2) (b) as read with Section 48 of the Anti-Corruption and Economic Crimes Act.
3. Conflict of interest contrary to section 42(3) as read with Section 48 of the Anti-Corruption and Economic Crimes Act.
4. Abuse of office contrary to section 46 as read with Section 48 of the Anti-Corruption and Economic Crimes Act.
5. Unlawful acquisition of public property contrary to section 45(1)(a) as read with sections 48 (1) and (2) of the Anti-Corruption and Economic Crimes Act.
6. Deceiving principal contrary to section 41 (2) as read with Section 48 of the Anti-Corruption and Economic Crimes Act.
7. Money laundering contrary to Sections 3(b)(i) as read with section 16 of the Proceeds of Crime and Anti-Money Laundering Act No. 9 of 2009.
8. Acquisition of proceeds of crime contrary to Section 4 of Proceeds of Crime and Anti-Money Laundering Act No. 9 of 2009
In making this decision, the Director of Public Prosecutions is cognizant of the principle of innocence until proven guilty the determination of which can only be made by a court of law. The decision to charge is based on the evidence that is available to the DPP at the time the decision is made.
In recent times we have seen, that corruption fights back and there have been blatant, misguided attempts to intimidate, threaten and malign investigating officers and agencies. We shall not allow such dastardly acts to go on and l have directed the law enforcement agencies to investigate any such attempts and upon establishment of evidence additional charges shall be preferred against those perpetuating these acts.
Elected officials who exercise executive authority must do so in accordance with the laws and policies of the government to ensure effective governance. Anything contrary to this is not only perversion, but also criminal.
In the same scope any attempts to instigate social unrest and incite the public will be countered with whole of government response. Members of the public are advised not to allow themselves to be used as human shields in the defence of these officials charged. Any person who engages in such behaviour will be dealt by whole of Government and held individually liable.
NOORDIN M. HAJI, CBS, OGW
DIRECTOR OF PUBLIC PROSECUTIONS
6th December, 2019
Source: kenyagist.COM