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Investigations

Details Of Cartels Wars At City Hall Leading To Impeachment Of Nairobi County Assembly Speaker Elachi Revealing Corruption Bed And Clerk Jacob Ngwele

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County Assembly Clerk Jacob Ngwele

More often during his predecessor’s tenure, Nairobi Governor Mike Sonko attributed the city’s problems to Kidero and the faceless cartel that derailed developments by engaging in massive theft of public funds. George Wainana Kidero’s top aide became one of the wealthiest in the city let alone his boss, both are on anti graft radar. City hall was a den of thieves and little has changed with entrance of Sonko as Kenya Insights found out.

Some 103 MCAs voted to remove the speaker Elachi from office, two voted against while two others abstained. The MCAs removed her for causing ‘great embarrassment’ to the county assembly. In a motion by Waithaka MCA Antony Kiragu on Thursday, the MCAs accused Elachi of gross misconduct.

MCAs gave their grounds for impeachment but today we’re not here for the junky literature which is just that, unknown to the public, this was the end of a fierce internal wars that has been ongoing at the City Hall which has the biggest allocation share in the county governments and controls biggest wealth share in the county.

Majority Leader, Abdi Guyo.

The County Assembly Board as Kenya Insights found out is where Beatrice’ problems started. The constitution of that board is not only suspicious but legally unbalanced, it’s constituted of the Speaker; Beatrice Elachi, Majority Leader, Ibrahim Abdi Hassan, Minority Leader, Elias Otieno, Assembly Clerk Jacob Ngwele and an outsider.

How for instance majority and minority leaders sit on the same board doesn’t make sense even in parliament it doesn’t exist. Being the most powerful board that cuts the deals, it’s constitution and members are carefully considered. Godfathers will want their loyalists to be at the helm.

Assembly’s Clerk Jacob Ngwele who has been jumping from the DCI offices to the courts defending himself against corruption accusations once again stands out as a controversial figure in the web. As we found out, his appointment to the county assembly remains questionable; he was handpicked from the National Assembly, and there’s no record showing the clerk’s position was ever advertised, this being a public office, goes the red flag. Mr Ngwele’s name was not tabled before the assembly for approval, making the appointment an “illegality” contrary to the County Assembly Services Act, Article 18 (2), on process of approving the appointment of a clerk.

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A review of the Assembly’s funds cashbook according to audit report by Auditor General Ouko revealed that the money was irregularly transferred in 2016/2017 from the fund account to various other accounts without approval of the county executive committee member for finance. Consequently, the county assembly was in breach of law.

Ngwele admitted he irregularly reallocated Sh42 million meant for MCAs car loans. He told the Public Accounts Committee that he used the money to pay MCAs’ salaries and imprests. Of interest was the fact that he transferred the money from the loans fund account to the operations account without approval of finance executive as required by law.

Mr Ngwele’s woes began in June this year after Speaker Beatrice Elachi called for investigation into multiple cases of alleged financial malpractice.

Ms Elachi wrote to the DCI headed by Mr George Kinoti that she discovered several instances of malpractice, including illegal procurement done by the Office of the Clerk. But Mr Ngwele swatted the allegations claiming that Ms Elachi had a personal interest in a Sh150 million tender for the acquisition of the Speaker’s residence, claims Ms Elachi denied and challenged him to corroborate which he has never done.

On the issue of Speaker’s residence, Kenya Insights has discovered that the plan was a mastermind of not the speaker but allegedly Ngwele and a Sheriff Mwendwa, who works as an adviser in the legal department of National Assembly. Sheriff’s involvements in the county assembly’s businesses is questionable. How did they get the price before opening the financial which should be fine with the bidder? Details of the planned purchase of the house was leaked to the media when they failed to convince the speaker about it.

Renovation of the kitchen, double payments and general flawing of procurement procedures within the county assembly prompted the speaker to invite DCI, EACC to investigate the board members and the theft loopholes within the assembly and that’s when hell broke loose. Suspiciously, Ngwele’s sister is also the head of the kitchen department. We’re told nepotism is rife in the assembly, accusations that should concern NCIC and relevant bodies.

Word on the street is after Ngwele was arrested by Haji after being reported to the DCI by Beatrice Elachi, he decided to take the war to the next level and that’s how the impeachment motion was rushed. According to sources talking to Kenya Insights, Ngwele who also doubles as the Chief Legal Adviser reached out to the majority and minority leader to help in fighting speaker who by now is a big trouble for the anti corruption purge, her consistency against graft within the assembly placed her in the fire.

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Ngwele we’re told just like his County boss Sonko, has a reputation of recording all dealings, he has some boardroom recordings implicating Guyo, Otieno and many others which he uses as leverage more of blackmail in my view. So he instructed the minority and majority leaders who’re in the middle of all these scandals to ensure the speaker is impeached.

Since they’re all intertwined, the common enemy becomes the speaker because if the clerk is to go down, then he won’t alone. As part of Deal, Guyo and Otieno attempted to use their connections at DCI to have charges against Ngwele withdrawn and this allegation can be ascertained by CCTV footage at the Headquarters.

Ngwele was at one point caught up in s double payment on a tender which again we’re told was to a cousin but on DCI detection, he reversed the extra. Besides, despite his salary, he boasts a Landrover Discovery, there are accusations that he made a Sh50M investment recently with a real estate agency with his wife.

Ngwele is also being accused of being in the center of the war which included propaganda and negative publications on the speaker, he allegedly paid Star and Daily Nation journalists millions in the media wars. Because the media enjoys the monopoly of agenda setting, it is easier to sway perceptions if you run the media and own the narrative.

Corruption and impunity thrives within the assembly and we’re also told that the MCAs were allegedly threatened to have their foreign trips cut, not included in prestigious committees during the lobbying for the impeachment of speaker. The manner of voting during the impeachment is also questionable, it was done through acclamation as opposed to secret ballot, this was intentional to coerce members to vote in a particular pattern.

Minority Leader, Elias Otieno.

High Court nullified the impeachment and reinstated the speaker but the MCAs who acted like university goons, stormed her office while high as a jet to throw her outside in a clear disregard to the law. The mannerisms and the body languages of the MCAs hints at a possibility of them being compromised to have her leave office at all costs.

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We’re now calling for a full lifestyle audit on all members of the county board and the entire assembly, we’d like to know if true and why for instance, Waithaka MCA Anthony Kiragu has made many foreign trips than any member and his purposes for such trips. We’d like to find out if it’s true that Kiragu and Warutere took Sh2m bribes each from the Asian businessman who was later to be arrested for trying to bribe governor Sonko not to have his hotel demolished.

We’d like to know why Guyo is driving a County Assembly’s car using private number plate for his own personal purposes and why Ngwele and team even have chase cars yet only the speaker should have such, we’re told she doesn’t use the chase cars. Why is there sustained pressure to have Ngwele’s cases withdrawn?

We’re therefore requesting DPP Noordin Haji to dive deeply into the City Hall corruption and prosecute fearlessly. The board members should step aside and a lifestyle audit and thorough investigations into their finances be conducted. Individual MCAs need to be audited too which means the entire assembly should be recalled.

President Uhuru should also strike his authority as forces of impunity rocks City Hall. From the initial picture, it seems the speaker has been left alone to fight the cartels yet this should be an all inclusive agenda. The President and the Governor need to pay attention and resolve this before coffers are dried and lives lost. Kenya Insights is following the case and more explosive details shall be trickling.


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Investigations

Lobby Group Wants Co-Operative Bank And Nairobi County Assembly’s Salary Deal Investigated With Corruption Red Flags Raised

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Nairobi County’s Assembly.

A concerned city resident, Kelvin Njihia has written to the anti corruption body EACC and DCI to launch investigations into widespread corruption and impunity cases at the capital’s county assembly.

In a letter addressed to the two bodies, Njihia claims  there are serious integrity and public trust issues within City Hall. He alleges that the County assembly has gone against the set threshold by Salaries and remuneration commission restricting members not be in more than four committees.

According to his findings, most senior members in the board and their allies, have occupied more than four committees thereby contravening the law. The petitioner want members of the assembly occupying the extra committees to be investigated and prosecuted over corruption and the impunity displayed. He lists top officials flagged in his findings including;

  • Elias Otieno Okumu- 7 committees.
  • Esther Waithera Chege- 6 committees
  • Abdi Ibrahim Hassan- 6 committees
  • Peter Wahinya Njau- 5 committees
  • Peter Anyule Mwatok- 5 committees
  • Juliet June Ndegwa- 5 committees

 

Rest of the list

Besides, the concerned citizen coalition want the assembly to be probed as to how salaries of the members is channeled through cooperative bank contrary to the SRC’s directive and s contravention of county and national laws.

The petition also noted that the suspended County’s assembly clerk Jacob Ngwele who’s out of office over miss appropriation of funds still executes official duties despite the court’s directive. Ngwele in what the petition claims to be a contempt of court, recently invited public’s participation in approval of Halkano Dida Waqo as County’s Chief Executive Officer for ICT in what is flagged as one of many suspicious appointments.

The questionable advertisement signed by Ngwele on Daily Nation.

Ngwele himself was illegally appointed into office and being investigated for the same. Petition also want the commission to speed investigations and findings following the impeachment of County’s Speaker Beatrice Elachi.

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They want the Ethics and Anti-Corruption Commission to give updates on the Majority leader of the Nairobi County Assembly Mr Ibrahim Abdi Hassan who had been summoned by the commission over the City Hall clash pitting members against Speaker Beatrice Elachi.

EACC ordered Hassan to appear at the Integrity Centre on September 12, 2018 to record a statement that will aid in the investigation of members’ conducts. He’s alleged to have conspired with members in wider plot to oust the speaker. According to the petition, Elachi was kicked out due to her lack of corporation in fraud schemes hatched by the board members.

Petitioner wants the DCI to dive in and investigate why the county’s salaries are being channeled through co-operative bank and not directly from central bank to individual’s accounts in what is read with suspicions.


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Investigations

FRAUD: Bungoma County’s Nzoia Water Services Board Sneakily Attempts To Impose Kennedy Wekesa Kilali As The MD

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Ag. MD Kennedy Wekesa.

Nzoia Water made an advertisement for open positions of Managing Director and Head of Internal Audit and Risk Management in daily nation dated October 23,2018 page 18 under anonymous company in western Kenya.

The following non conformities were noted which do not either conform with industry practices and approved operational HR Manual of the company as per the attached Advertisement:

1. The advertisement was only mentioning a leading water company in Western Kenya,excluding Kitale which falls in Rift Valley. Does it mean Kitale has separated from Bungoma and they have formed their own company? If not what is the effect of these on long term relationship with Trans-nzoia County?
2. The advertisement of MD’s position failed to meet the minimum threshold as per legal notice no.137 of 2012 which requires inviting the prospective candidates to have Masters Degree and registered members of respective bodies e.g  for Engineers should be registered with Engineers Registration Board(ERB) OR Institute of Engineers of Kenya ( IEK) and not Institute of Engineering Technicians (IET)  meant for Technicians who are lower cadre staff of the company.

The advertisement as it appeared on the dailies.

3. The requirements of chapter six was not observed in the advertisement which requires the prospective applicants to submit their chapter six compliance during the application as it forms part of shortlisting process and not to produce them during the interview.
4. The last advertisement through daily Nation were received without matching list from them,which resulted in most candidates who had applied not being shortlisted as their applications never reached the company’s offices. There’s no surety that the process will not be compromised in favour of specific candidates?
5. The Ag. Managing Director has failed to implement the inspection report by WASREB.(According to workers petition)
6. The advertisement should have been made either through the consultant or in the company’s name for it to attract competitive qualified candidates and not the way it is hidden as it is aimed to prevent competition and thus attract less applicants.
7. Therefore ,the recruitment process be stopped and the position be re-advertised in line with the above requirements.

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Investigations

Ruto And Duale Buys Off Biwott’s Air Kenya Limited As Attempts To Exempt The Duale’s From KPC Prosecutions Revealed

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Duale(L) and Ruto(R)

In Kenya, the more things change, the more they remain the same. Since the President intensified the fight and crackdown on corruption, we’ve witnessed arrests and ongoing prosecutions but at the same time, new scandals continue to crop up.

President announced a lifestyle audit on public officers and we’re yet to see the full implementation, however, we’re aware of ongoing money laundering schemes where ‘smart’ public officials including those in executive, are desperately laundering their ill acquired wealth before the lifestyle audit bell is hit.

Talking Of wealth, reports reaching Kenya Insights allege that DP and Duale jointly bought off Air Kenya Ltd previously owned by the late Biwott in what we’re told was a cool Sh1.8B deal sealed about two months ago. According to a source, the ownership is based on a 50/50 agreement between the two.

Air Kenyan is  now registered under Focus Aviation Mauritius and the Directors are Abdulaziz Aden (Duale’s son) and Adil Khawaja ( representing William).

Away from that, Kenya Pipeline is proving to be a hard not to crack for the DPP, for a parastatal with endless scandals, many have been wondering what’s taking Noordin too long to press play on his reggae playlist. But you’ll have to wait a bit longer, KPC comes with heavy political baggage.

Duale and Abdul Duale are heavily implicated in the KPC mess a detective source intimated to Kenya Insights. Joe Sang, the company’s MD who’s whole body deep in the murky scandal world will not go down without the Duale’s we’re told to show the levels of complexity in the case. Sources at DCI say that there have been open threats by the Duales and told that they had seriously invested in the government and that they are untouchable.

There’s a developing narrative that the DPP is delaying prosecutions yet the DCI have concluded their investigations on the KPC corruption. This one case that comes with political ramifications and questions are arising whether the DPP who happens to come from the same region with the Duale’s is hesitant on the consequences.

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”Touching Duale Family is a direct attack on WsR. That is a live wire.  Infact Dualle son Abdul is so close to Joe sang and Keter. DPP Knows touching that file is war.” Says a source privy to the investigations.

DCI uncovered transactions amounting to hundreds of Millions between Abdul Duale and Joe Sang’s cousin Hillary. When both parties we queried what the transactions were for they both claimed that it was not a crime to give money to friends.

“Chief architects of tender fixing at KPC are the Duale boys, they are so entrenched at KPC that even removing Joe Sang wont affect their activities.” Said another source speaking to KI. He continues, “KPC is a chess board for WSR and the Duale’s. At times they are united in Looting however sometimes they clash and fight bitterly when things don’t go their way. Duale’s are cunningly smart and share what they steal with management but for WSR its me, Myself and I. Thats what is going to finish WSR. His selfishness Unmatched.”

Abdul Duale is said to be the father’s right hand man. His finger prints all over state parastatals. At KPC they are involved in
1. Fibre- total was 1.8B
2. Devolution of KPC – 200M given to them. There was a big war between them and WSR over this.

3. Industrial area land was bought by a Company called Focus Logistics( Director is Abdulaziz Aden) at 150m and later sold to KPC at 600m 3 months later
4. Security consultancy. Awarded to Optilan UK and Black hawks eye (Aden duale and Abdul are Directors) value was 800m.

Mid November 2015 a meeting was called by One Abdul Duale ( Son of Aden Duale) at boma hotel. In attendance was Faith( Director KPC), Felicity Biriri( Director KPC), Joe sang (AG GM Finance then). The agenda was lack of control in KPC. The cartels had lost control as Previous MD Charles Tanui was sacked after Corruption allegations and his replacement was Mrs Florence.

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At this meeting of this 4 individuals a plan to oust was mooted. They had 2 Directors on their side already. Joe sang said he would convince Jerry and Neepee ( also Directors). The Kalenjins tasked Abdul Duale to Onboard John ngumi (Chair KPC) with whom they enjoyed a Cordial relationship.

A board meeting was subsequently scheduled 1 day before the Christmas holidays so that no eyebrows would be raised. In a Span of less than 1 hour Florence (Ag MD KPC) was ousted and replaced with Joe sang in Acting capacity. Mr Director kindly check the visitors book and Examine CCTV footage on 23Rd December 2015 at exactly 2:31 till 4:00pmYou will notice that Abdul Duale personally supervised the removal of Florence (Ag MD). Cctv footage from security will help you.

Abdul Duale was a close ally of Charles Tanui and often sat at the negotiating table for kickbacks on behalf of Tanui. When tanui left he became an orphan. Ag MD Florence had blocked all his contracts. Works were stopped and payments stopped also. He would visit Charles Tanui every other day probably to brief him on matters kickback.

After their successful mission to replace Florence the Cartel rejoiced and celebrated for days. Fast forward January 2016 Joe Sang os in office and alll cancelled contracts were reinstated. To begin with their was a Tender for Rehabilitation of the Nairobi – mombasa Pipeline that was awarded to The Duale family via Proxy during the Tanui Reign. It was Awarded to Center star Ltd. Amount was 490M. Florence (Ag MD) cancelled it after several issues were raised on the shell company.

The company had no experience for the sophisticated job that was to be undertaken. Mid January 2016 Abdul duale pushes for the reinstatement of the contract. Joe sang instructed the Mechanical team to reinstate it and he signed it off. A Kickback of 20M was delivered at Intercontinental Basement.
Distribution
joe Sang -6m
Faith and Felicity 6m
Legal – 2M

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The Cartel at KPC needed political protection and someone who also allowed them to eat unlike the DP who offered them protection but never allowed them to eat. DP would eat alone forgetting the team always. Political protection came via the Duale Family. Aden Duale and His son Abdul would protect Joe Sang from EACC, DCI and parliamentary Committees. In Return Joe Sang would be paying to the Duale family via Kickbacks.

The duales also provided the KPC cartel with money laundering options often charging them upto to 20% of the looted proceeds

1.Fibre Optic Cable

The Budget for this project was 300M. Joe sang gave instructions 6 months before the tender was advertised that this One belongs to Aden Duale. Duale and Son setup a Shell company and partnered it with JV of Express Automation.

All bidders quoted less than 300M including ZTE. Express Automation/white space quoted 880M. 500m Above the budgeted amount. The tender was marred by threats of deportation to ZTE from abdul duale if they ever appealed.

Beneficiary of the Kickbacks
Keter and PS – 100m
Joe Sang -20M
Lamek Rotich and Evaluation team -10m
Vincent Cheriyout – 1M

It will be a Futility if the political engines are not touched in cleaning up the KPC mess. As it stands, the political weight on KPC corruption continues to take toll as reports point at s conflict in the sense that both Ruto and Uhuru’s allies are swallowed into the multi billion theft at the oil courier. Kenyans are keen to see how the DPP will handle this case.


Kenya Insights allows guest blogging, if you want to be published on Kenya’s most authoritative and accurate blog, have an expose, news, story angles, human interest stories, drop us an email on [email protected] or via Telegram
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