200 on Uhuru list charged with graft

Ethics and Anti-Corruption Commission (EACC) Chairman Philip Kinisu takes oath of office by at the Supreme Court on January 18, 2016. A confidential report by EACC shows all graft cases have been investigated and action taken on at least 61 per cent of them. PHOTO | SALATON NJAU | NATION MEDIA GROUP

What you need to know:

  • The report lists former Cabinet secretaries Charity Ngilu and Michael Kamau as some of the high profile individuals facing charges of abuse of office.
  • It lists Senators James Orengo and Mike Sonko, alongside former Cabinet secretaries Kazungu Kambi, Felix Koskei, and Davies Chirchir among those who have so far been cleared.
  • President Kenyatta replaced all Cabinet secretaries who were on the list even after they were cleared of corruption allegations.

Close to 200 people on the List of Shame President Uhuru Kenyatta handed to Parliament last year have been charged with corruption and abuse of office.

A confidential report by the Ethics and Anti-Corruption Commission (EACC) shows all cases have been investigated and action taken on at least 61 per cent of them.

The status report says some suspects have been taken to court while others have had their cases referred back to EACC for further investigations.

There are those who have been set free.

The report lists former Cabinet secretaries Charity Ngilu and Michael Kamau as some of the high profile individuals facing charges of abuse of office.

Ms Ngilu, however, got a reprieve late last year when the High Court suspended a case against her and National Social Security Fund Managing Trustee Josphat Konzolo pending determination of another one on the Karen land saga.

Ms Ngilu is accused of obstructing investigations into the case by ordering officials in her ministry not to release documents to EACC or record statements.

She was released on Sh1 million bond.

The report also shows Machakos Senator Johnson Muthama and Former Information PS Bitange Ndemo are awaiting a ruling on alleged irregularities in procurement of Konza Ranch/Malili Ranch.

The report lists Senators James Orengo and Mike Sonko, alongside former Cabinet secretaries Kazungu Kambi, Felix Koskei, and Davies Chirchir among those who have so far been cleared.

The Director of Public Prosecutions has recommended closure of 31 cases while 34 others are still undergoing evidence analysis.

Thirteen cases have been returned to the EACC for further investigations while three others have been handled through administrative action.

President Kenyatta replaced all Cabinet secretaries who were on the list even after they were cleared of corruption allegations.

GRAFT CLAIMS
Also cleared are former secretary to the Cabinet Francis Kimemia and Kenya’s ambassador to Tanzania Chirau Ali Mwakwere.

Mr Orengo had been accused alongside former Nairobi Mayor George Aladwa and former Commissioner of Lands Zablon Mabeya of irregularly disposing of public land to a private developer.

The transaction for the land said to be on Ring Road next to Apollo was allegedly done silently at Ardhi House.

Mr Orengo and Mr Mabeya were alleged to have received a Sh5 million bribe. 

The land was reportedly sold for Sh320 million, where Mr Aladwa would pocket Sh80 million while those whose names were used would get a similar amount.

Mr Chirchir and Mr Sonko were cleared of allegations of corruption in the award of a tender at the Kenya Pipeline Company.

Mr Kambi was cleared after an inquiry into claims he irregularly appointed Mr Andrew Gichamba Muigai and Ms Veska Jepkemboi Kangogo as members of the NSSF board found him not culpable.

But Mr Kamau had mixed fortunes after he was only cleared of some of the charges he faced.

He was cleared of allegations of irregular award of a contract to Landmark Clearing and Forwarding Company.

Mr Kamua is still facing charges over alleged loss of public funds during the tarmacking of Kamukuywa-Kaptama-Kapsokwony-Sirisia road.

His co-accused are Mr Mwangi Maingi (former roads chief engineer), Mr Nicholas Ndung’u Ng’ang’a (Director General, Kenya Rural Roads Authority), Mr Philip Onyango Sika (chief architect) and Mr Gilbert  Mong’are Arasa (executive engineer, roads).

MORE CLEARED
Former Agriculture, Livestock and Fisheries CS Felix Koskei who had been accused of irregular award of permits for importation of sugar also survived after the DPP directed that his file be closed on  June 10, 2015.

Mr Kimemia, who has declared his interest in the Nyandarua governor’s seat, was also cleared of allegations that he used his office to deprive former employees of Kenya Railways Corporation houses at Kileleshwa that had been set aside for them to purchase under a tenant purchase scheme.

It is alleged that in 2006, an inter-ministerial committee approved that seven per cent of the corporation’s  non-strategic assets in Nairobi with an estimated value of Sh5 billion be sold to employees.

In another case, Mr Kimemia  had been accused of allocating himself and relatives 30 vehicles.

Former acting director of Immigrations Ms Jane Waikenda and Mr Abraham Mwaura, assistant director and acting officer in charge of permits, were also cleared.

Last year in March, President Kenyatta named people he said should step aside over corruption allegations.

They included five Cabinet secretaries and six principal secretaries, among other public officers.

DISCIPLINARY ACTION
Deputy President William Ruto’s Chief of Staff Marianne Keitany, who was adversely mentioned in the infamous Hustler’s Jet probe was also in the List of Shame.

The list also had 12 governors, including Dr Evans Kidero (Nairobi), Dr Alfred Mutua (Machakos), Mr Ali Hassan Joho (Mombasa), Mr Peter Munya (Meru), Mr Cyprian Awiti (Homa Bay), Mr Isaac Ruto (Bomet), Mr Ukur Yattani (Marsabit), Mr Godana Doyo (Isiolo) and Mr Amason Kingi (Kilifi).

However, no substantive cases have been brought against the county bosses.

The list also had several MPs including Mr Alfred Keter (Nandi Hills), Mr John Serut (Mt Elgon), Mr Richard Onyonka (Kitutu Chache and Ms Sunjeer Kaur Birdi (Nominated).

It was recommended that National Assembly Speaker Justin Muturi takes disciplinary action against Mr Keter and Ms Birdi as they wait for the hearing of the case on March 2.