Who is who in Kabura's explosive NYS affidavit

A closer look at the actors named in Ms Josephine Kabura's affidavit

Wednesday February 17 2016

By PETER LEFTIE
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In her affidavit, Josephine Kabura Irungu states that she is a businesswoman who has done business with the National Youth Service for a long time.

She states that she met Cabinet Secretary Anne Waiguru while working at KDN between April and May 2012, and that they became very close friends.

For a start, Ms Waiguru helped her secure small contracts at the Finance ministry where she was employed before the Jubilee administration came to power in 2013, Ms Kabura states.

As their friendship blossomed, Ms Waiguru, who had been appointed Cabinet secretary in charge of Devolution, started introducing her to big time business contracts, Ms Kabura states.

They would share the proceeds of the business deals, Ms Kabura alleges. When the Sh791 million NYS scandal erupted, Ms Waiguru allegedly hatched an elaborate scheme to shield her from prosecution by interfering with investigations.

The former CS, according to Ms Kabura, even arranged for the director of the Banking Fraud Investigations Unit to pay her bond when she was finally charged in court in relation to the scandal.

MR JOSEPH MUGWANJA

He is the director of the Banking Fraud Investigations Unit.

According to Ms Kabura, who authored the explosive affidavit, Mr Mugwanja used his office to interfere with investigations into the Sh791 million NYS scandal.

She had been introduced to Mr Mugwanja by then devolution Cabinet Secretary Anne Waiguru.

The 53-year-old officer joined the police service in 1985 and has served in numerous posts, most of them in the Directorate of Criminal Investigations.

He holds the rank of Assistant Inspector General of Police.

On June 14, 2013, he was appointed the head of BFIU, a posting which within police service is considered lucrative because it attracts a salary way above the normal pay structure of the National Police Service.

Mr Mugwanja has the privilege of reporting directly to the Director of Criminal Investigations as well as the governor of theCBK.

Ms Kabura says about Mr Mugwanja: “On July 9, 2015, Mr Mugwanja and Mr Matapei Sautet (an investigator at BFIU) came to my office. I was with two members of my staff. I thought they had come to pick the arranged deliveries. As I was preparing to hand over the deliveries, Mr Mugwanja game me his phone to speak to someone. 

“The person on phone was CS Waiguru who instructed that I hand over to Mr Mugwanja Sh80 million I had earlier disclosed to the CS I had kept in two office safes with bags.”

MS LOISE MBARIRE

She is named in the damning affidavit as a sister of Ms Waiguru. “Most of the time the CS Waiguru would request that I give part profits to a lady by name Loise Mbarire,  CS Waiguru’s sister who was supposed to give back the money to me or the CS Waiguru after servicing her deliveries.

“Loise informed me that she worked in a law firm at Finance House along Loita Street. She would come in different vehicles, park in the basement and wait for me to withdraw and take it down to her, one bag at a time,” Ms Kabura says of Ms Mbarire. 

It is Ms Mbarire, too, who delivered Sh24 million to Ms Kabura from Ms Waiguru, states the affidavit.

“CS Waiguru provided seed capital to start supply of the road construction materials and the monies were brought to me by Loise Mbarire (Ms Waiguru’s elder sister), amounting to Sh24 million,”  states the affidavit.

MR MUTAHI NGUNYI

The affidavit names Mr Ngunyi, a political analyst, as one of the four people who turned up at Ms Waiguru’s residence to plot how to cover up the Sh791 million NYS scandal.

He is said to have worked as a consultant for NYS. Ms Waiguru is said to have introduced Mr Ngunyi to Ms Kabura as one of the people who would be of assistance in processing tenders and payments for the goods supplied and services rendered.

Mr Ngunyi is also named as the man who came up with the suggestion that Ms Waiguru issues a statement on the NYS scandal to portray herself as the whistleblower and not a suspect.

HASSAN NOOR

The former Provincial Commissioner was the Secretary of Administration at the Devolution ministry as the scandal unfolded.

Ms Kabura states that it is Mr Noor who gave her the first local purchase order (LPO) after she delivered construction material for the Kibera projects.

Mr Noor is also presented as being among the people who were very close to Ms Waiguru and attended regular meetings at her Runda home.

ADAN HARAKHE

Was a senior official at the National Youth Service at the time of the scandal.

Ms Kabura lists him among the people who regularly attended meetings at Ms Waiguru’s Runda home to plot the cover-up.

She also reveals how Mr Harakhe threatened to spill the beans about the scandal after Ms Waiguru named him among the 21 top Devolution ministry and NYS officials implicated in the scandal.

“That on September 11th2015, the CS Waiguru publicly released the DCI report on the NYS financial scandal, which had implicated 21 government employees in the scandal,” she states in the affidavit.

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