Okiyah Omtatah Seeks To Stop Fraud Transactions At Stanbic Bank

Activist Okiyah Omtatah wants a private account currently being used to transact public funds closed.

The account at Stanbic Bank is being operated by Intergovernmental Relations Technical Committee (IGRTC).

“A conservatory order does issue freezing all operations on personal bank account number 0100005155465which the 2nd Respondent’s holds at CFC Stanbic Bank, Kenyatta Avenue Branch, Nairobi pending hearing and determination of the application”, urges Omtatah.

Omtatah wants an injunction order issued restraining Peter Leley and Monica Wambua from in anyway howsoever transacting any public funds through personal bank account number 0100005155465 which Wambua holds at CFC Stanbic Bank, Kenyatta Avenue Branch, Nairobi.

He has claimed that Peter Leley, the CEO of the firm, directed funds to an account which is private.

Funds deposited in the account is not subject to any law or even checks and balances, because it is private.

He wants orders granted stopping utilization or transfer of the funds until the case is determined.

He also wants Monica Wambua, who is the organization’s assistant director, found liable for using her private bank account to transact public funds.

IGTRTC took over the mandate of the Transitional Authority and is tasked to establish a framework for consultation and co-operation between the national and county Governments.

It is also tasked with identification, verification and transfer of assets of the devolved units.

“There has been no delay in filing this since the applicant or petitioner has just learnt that on October 19, 2021 or thereabouts, to enable the 1st Interested Party conduct the valuation of public assets, the National Treasury transferred some Sh180 million to the State Department of Devolution, which then transferred the funds to IGRTC but, as the accounting officer, the 1st Respondent (Leley) used his discretion unlawfully to transfer the money to the personal account,” he said in an affidavit.

He wants the court to freeze the operations of the account, pending the determination of the petition.

Omtatah also wants the court to direct the Auditor General to conduct a forensic audit all accounts operated by IGRTC, showing the flow of money to and from the said account.

“It is the petitioner’s case that the decision to use a personal account to handle public funds is both unlawful and unconstitutional and, therefore, invalid,” he said.

He says there was no public participation in the decision to use the personal account to handle the Committee’s funds and delaying the case might render the petition useless as the funds might be transferred or spent.

Omtatah further wants the Auditor General ordered to conduct a forensic audit of all IGRTC accounts and file a report in court showing the flow of money from the Intergovernmental Relations Technical Committee to the said personal bank account which Monica Wambua holds at CFC Stanbic Bank, Kenyatta Avenue Branch, Nairobi, and then onto any third parties.

Omtatah adds that he is apprehensive that the large sums of public funds which have been deposited in the said personal account are exposed since the account is not subject to the checks and balances in law which govern public accounts to safeguard public money.

“The petitioner has established that the use of the personal account to handle public money is based on a letter Ref: IGR/LGL/10/20/Vol. II, dated December 13, 2019, through which the 1st Respondent informed the Branch Manager, CFC Stanbic Bank, Kenyatta Avenue Branch, that large sums of public funds belonging to the Committee would be channelled through the 2nd Respondent’s personal account held at the branch”, he adds.

High Court Anti-Corruption Judge Esther Maina certified the matter as urgent and directed it to be heard on January 25 for hearing and further directions.