Photo/FILE
Water minister Charity Ngilu could be charged with jointly and
fraudulently conspiring to defraud the public of Sh2.9 million by
planning and participating in the commissioning of the borehole when the
works were incomplete.
By SAMUEL SIRINGI ssiringi@ke.nationmedia.com
Posted Sunday, September 18 2011 at 22:35
Posted Sunday, September 18 2011 at 22:35
Water minister Charity Ngilu could soon face corruption charges related to fraud in her ministry.
The Kenya Anti-Corruption Commission (KACC) recommends to the
Director of Public Prosecutions that Mrs Ngilu be prosecuted for abuse
of office after she allegedly commissioned an incomplete borehole in
Kangundo.
The commission, which is being replaced by
the Ethics and Anti-Corruption Commission, also accuses the minister of
breach of trust and conspiracy to defraud the government after she
launched Ndovoini borehole, which apparently ran dry soon after it was
commissioned.
But Mrs Ngilu termed the KACC report a witch-hunt and said the agency was conducting investigations selectively.
“How come they have not gone for all the people who wanted to steal more than Sh600 million from the ministry,” she said.
“I read more into these investigations and you (the Nation) know that someone has been looking to smear my name,” she said.
She said there had been a fire at the ministry, which the commission never cared to investigate. (READ: Fire guts water firm's offices)
She said the Ndovoini borehole had running water and on Sunday, a Nation team that visited the borehole found that the borehole had water.
Mrs Ngilu also said she does not remember commissioning the borehole.
Director
of Public Prosecutions Keriako Tobiko confirmed on Friday that he had
received two files from KACC on the Water ministry. (READ: Fraud cases for MPs an acid test for Tobiko)
Files being processed
“The files are being processed,” he said and “a decision will be made in the next few days”.
Mr Tobiko did not provide details on the files, saying: “I will let you know when everything is complete”.
Following
the commissioning of the borehole, the company which claimed to have
successfully completed the work, Broad Vision Utilities, was paid Sh2.9
million.
The firm was recently at the centre of
corruption allegations against Prof Patrick Lumumba, the former KACC
director who left office last Thursday.
Broad Vision is owned by Tourism assistant minister Cecily Mbarire’s husband Dennis Apaa. (READ: Mbarire threatens to sue over bribery claims)
Other directors are Billy Indeche and Michael Njeru who are also
on the list of those recommended for prosecution. Mr Indeche is Mrs
Ngilu’s son in-law.
Investigators faulted Mrs Ngilu,
arguing that a project of that magnitude could only be commissioned
after it was inspected and work tested.
A completion report was never prepared and presented to the ministry’s permanent secretary as required.
Mrs
Ngilu could also face an alternative count that, as a public servant,
she committed a breach of trust by commissioning the borehole when the
works were not complete.
She could also be charged with
jointly and fraudulently conspiring to defraud the public of Sh2.9
million by planning and participating in the commissioning of the
borehole when the works were incomplete.
The report also recommends the prosecution of ministry officials who awarded the tenders.
Prof Lumumba and his four deputies left their offices
last week after a new law that transforms KACC into the Ethics and
Anti-Corruption Commission (EACC) was passed by Parliament. (READ: New law kicks Lumumba out of KACC)
The
commission is now under the management of the advisory board for 90
days. Three commissioners will be picked to head the new agency. A
secretary will be appointed to run the day-to-day business.
This
will be one of the more high profile decisions confronting Mr Tobiko,
whose appointment was opposed on grounds that he would not be tough on
high level corruption.
Committing economic crime
The prosecutor has the leeway to reject KACC recommendations or return the files and ask for more investigations.
“The two institutions (KACC and DPP) are independent and make their own decisions,” Mr Tobiko said.
Mr
Indeche, Mr Apaa, Mr Njeru and their company, Broad Vision Utilities,
are accused of committing an economic crime when they jointly conspired
to defraud the Water ministry of Sh26 million.
They are
accused of purporting that their company was qualified for the award of
a tender for sinking five boreholes in Machakos and Makueni districts
under the emergency drought mitigation programme, “a fact they knew or
ought to have known was false”.
The offence was allegedly committed between January 22 and September 7, 2010.
They also face the accusation of conspiring to defraud the
public of Sh2.9 million by planning and participating in the
commissioning of the Ndovoini borehole when the works were not complete.
Others
facing the same charges include former Tanathi managing director Joseph
Mutuku Nzesya, Mrs Lawrence Nguniko Simitu and Isaiah Mwanzo Benjamin.
Mr
Simitu and Mr Mwanzo are staff at the Water ministry. Broad Vision and
its directors are also accused of attempting to defraud the public by
demanding payment of Sh6.1 million from the ministry for a power related
payment.
Claims were false
They
claimed the money would be paid to the Kenya Power and Lighting Company
for connection of power to the boreholes in Machakos and Makueni
districts.
Investigators said the claims were false.
Investigators also recommend a financial audit to ascertain the costs
incurred in drilling the five boreholes.
Thereafter, KACC’s civil litigation and asset recovery team should move recover the extra money paid to Broad Vision Utilities.
The
commission would also examine systems and procedures at the Water
ministry to streamline the tendering process to eliminate loopholes that
are likely to lead to corruption.
The commission
started investigations into the scandal in January 2011 following
allegations that there had been contract variations and payments of up
to Sh26 million made to a contractor by the Tanathi Water Services
Board.
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