Kenya Insights has obtained a memoranda and petitions dated 7th March 2023 with first hand primary information, the leadership of Ministry of Labour And Social Protection has failed to remedy the very sad situation which is ailing NITA addressed to Felix Kosgei Head of Public Service and Chief of Staff State House.
The letter highlights, the corrupt, highly conflicted, compromised and inefficient Director General indirectly involved in the theft of public resources, deliberate Violation of procurement laws and procedures, Insider trading with NITA by the Director General through fictitious companies owned by proxy employees and accredited trainers and massive theft through creative accounting under an entity called Home Care Management.
Persistent employee harassment, intimidation and open discrimination, employee stagnation and promotions lacking fair competition and merit.
The impunity by the Director General under the support of FKE & COTU representatives at the NITA Board who have treated the Authority as a private members club.
The memoranda describes Mr. Stephen Ogenga as a delinquent public official who has failed to maintain devotion to public duty. That on account of inefficiency, his engagement in subversive activities, violation of several provisions of the Constitution; be considered the need to suspend Mr. Stephen Ogenga to pave way for a serious investigations into the veracity and gravity employees’ claims against him.
“NITA is a captured state entity”
1 / 13
Ø Public service at NITA has degenerated into a closed priesthood without any semblance of accountability.
Ø The hands of members at the Board from FKE &COTU are not clean.
Ø FKE &FKE representatives are responsible for the inefficiency, negligence, incompetence by the Director General, Stephen Ogenga.
Ø The FKE & COTU representation combined hassix members while the government has five members. The government is the minority.
Ø This has made the NITA become a private members club held hostage by members who come for meetings and never-ending retreats thathave no meaningful results or output to the authority.
Ø The Board has turned out and is likened to the proverbial ostrich; it has buried its head in the sand instead of taking an assertive position on the Director General’s inefficiency, incompetence and improper exercise of hisadministrative authority while in discharging of publicduty.
Ø FKE & COTU members of the NITA Board havesustained abuse of their numerical strength toimpose unpopular decisions on recruitments,administrative actions, procurement etc.
2 / 13
Ø As a matter of URGENCY the composition of the NITA Board should be restructured to have and expanded membership that will help to reversethe perpetual in-breeding of outrageous andoutdated ideas fronted by the FKE & COTUmembers of the NITA Board.
Ø A huge chunk of critical stakeholders need to beconsidered for representation at the NITA Boardsuch as Kenya Association of Manufacturers,KNCCI, KNQA and Jua Kali when restructuring ofthe Board.
3 / 13
Ø There is an unholy union between; the Director General, FKE & COTU representatives who sit at the NITA Board. They are the onesprotecting Mr. Stephen Ogenga from being called toquestion over his unbecoming conduct which hasprejudiced the interest and reputation of theAuthority.
Ø All issues raised to the Board against the Mr. Ogenga are traded as false complaints or vexatious allegations because he enjoys a lot ofprotection by the FKE & COTU members sitting atthe NITA Board.
Ø In spite of the effective and stringent laws inplace, NITA is run like private members club whilerampant cases cronyism, open discrimination andnepotism.
THE DIRECTOR GENERAL – MR. STEPHEN OGENGA
Ø NITA is ailing because of Mr. Ogenga’s multiple lapses while in discharge of public duty attributed tohis negligence and impunity.
Ø As a public servant of doubtful integrity, Mr.Ogenga has become a dead wood because he doesnot discharge public duty as per the expectations of employees, critical stakeholders and the general public.
Ø Mr. Ogenga is an arrogant public servant, he isnot people friendly and by and large, he has losttouch with the ground realities. He practices untouchability knowing that NITA is a private members club controlled by FKE & FKE overvested and competing interests.
4 / 13
Ø Due to Mr. Ogenga’s intimidation and harassmentleadership style. he has created fear psychosis tothe extent that senior staffs are afraid of taking bold decisions in the public interest especially those involving tender evaluations of big amounts ofmoney and important commercial decisions. It is hisway or the highway.
Ø Severally, we have written to the parent ministry toprotest that Mr. Ogenga conducts himself as if the rule of law does not apply to him. What follows ourcomplaints is invitation of senior members of the
5 / 13
Ministry to attend NITA functions locally andinternationally as an enticement to suppress and do away with employee concerns.
Ø The former cabinet secretary Amb. Ukur Yattani was rewarded with a lucrative position to employ his relative as the Center Manager, NITA Mombasa and given other junior positions to go show on employee concerns escalated to the Ministry which included;
· Favoritism and nepotism
· Open discrimination
· Cruel, inhuman and degrading treatment ofemployees
· Wrongful dismissals premeditated
· Sexual harassment by two HR personnel whohave since existed the Authority
· Strangers taking up job opportunities declared asinternal job advertisements.
· Irregular and biased promotions offending faircompetition and merit
· Compulsory and forced job re-designations
· Arbitrary and perpetual harassment of employees
· Forced transfers
Ø One of the biggest problems faced by NITA is Mr. Ogenga’s antagonistic threats and blackmail of Internal Audit staff to scare them fromraising audit queries. Internal audit department issilenced and is now likened to a lame duck. Consequently, the lack of
6 / 13
accountability for official misconduct has contributed to the widespread impunity by Mr.Ogenga.
Ø NITA employees have lost and confidence in theintegrity of Mr. Ogenga’s administrative andleadership style on official matters because of its conflict with acceptable standards expected of him by stakeholders.
7 / 13
Ø Mr. Ogenga is a microphone parrot who talks big English and hullabaloos to suit the ears of his audience.
Ø NITA is ailing because of Mr. Ogenga’s peripheralapproach in addressing issues affecting theAuthority.
· No action on employees’ memorandum
· Several employees have stagnated in the same rank for years with a chosen few benefiting because of ethnic and sex-oriented favours.
· Employers are not reimbursed on time and an instant survey will reveal the frustrations experienced by such stakeholders.
· Several instances of injustice remain unattendedto because of impunity.
· It is frustration over frustration.
Ø Mr. Ogenga prioritize what he directly benefits from especially taking big DSA or Per diems accumulated to fund his local andforeign trotting. More recently he has been to theKingdom of Saudi Arabia, South Korea, Europe andsome parts of Africa including Benin without anymeaningful benefit to the Authority.
Ø He accumulated DSA for bribery and to enticeFKE & COTU members with no return on investment to NITA. It is simply wanton wastage of publicresources.
8 / 13
Ø Mr. Ogenga committed himself during a presidential function that he was going to support on–site skilling and assessment as a wayof supporting the Affordable Housing Project.Internally, he has never initiated any discussions or called a meeting to discuss anything angling towards his commitment before the President of The Republic of Kenya.
Ø Mr. Ogenga ;
· Has conducted himself in a manner that is prejudicial to the interest and reputation of the
9 / 13
· Displays a conduct which is inconsistent or incompatible with the due or peaceful discharge of public duty to the Authority.
· Has made it unsafe for the Authority to retain himin service.
· Is grossly immoral that all reasonable men willagree that he cannot be trusted.
· Is habitually negligent in respect of the duties forwhich he is engaged.
· Is not meritorious and non- partisan in discharge ofpublic duty
BID RIGGING AND PROCUREMENT FRAUD
Ø Mr. Ogenga used his official position to influence the outcome of tender evaluations which he has vested interest by directing procurement officers through intimidation to compromise procurement laws and procedures.
Ø Nothing is done at procurement which is in accordance with government policies and regulations on procurement because Mr. Ogenga engages himself in the business of canvassing in the procurement functions and processes.
Ø Mr. Ogenga causes intentional inefficiencies anddelays when he is required to sign contracts andaward letters.
Ø Successful bidders are tactically compelled toappear before the him before their contracts andaward letters are signed.
10 / 13
Ø Some successful bidders have complained insilence about Mr. Ogenga’s deliberate delays ofholding of procurement files in his office in a scheme orchestrated to facilitate structural bureaucracy and frustration to lure them to givenin to bribery and kickbacks.
Ø Corruption at NITA is an ongoing serious issue which has dampened the Authority’s growth and
lowered the quality of service delivery.
11 / 13
Ø Employees are questioning Mr. Ogenga’s directives founded on harassment and intimidation to split the job roles of theProcurement Manager.
Ø Without any justification, some roles of the Procurement Manager were taken up by her immediate junior. Is it that the Procurement Manager is incompetent or a scheme designed by Mr. Ogenga to further his illegal scheme of divide and rule to cause confusion and paralysis in the procurement department? It is outrageous to have two procurement officers reporting to the Director General directly in asmall organization like NITA.
Ø Information available shows that procurement filesare deliberately retained by Mr. Ogenga in his office and very silently and with no written directive, he hasmade it mandatory for successful bidders to see himin person before their contracts and award lettersare signed.
Ø Bribery is a fact of life and necessary at NITA toget most procurement jobs done.
Ø EACC officers and sleuths from DCI are frequentvisitors to the office of the Director General following up on inquiries and investigations which turn out asmere public relations charades. Most of them leave the office smiling with brown envelopes.
THE RIP-OFF THROUGH HOME CAREMANAGEMENT
Ø Illegal insider trading is a serious breach offiduciary duty or other relationships of trust andconfidence.
12 / 13
Ø It is unbelievable that Mr. Ogenga and a number of rogue employees have conspired and registered training entities which are used tosiphon millions of funds intended for NITA.
Ø Mr. Ogenga is unlawfully using his position jointly with the said rogue employees to derive financial benefit from NITA through fraud.
Ø Through the proxy companies, certificates with result slips for modules passed and proficiency certificates in Home care managementare issued illegally in the name of NITA.
Students pay fees directly to Mr. Ogenga’s proxies and factious receipts are presented to NITA in a conspiracy facilitated by one, James Omwoyo Nyangau, an accountant tasked withcreative accounting to conceal the massive theft.
Ø Home Care Management is a cash cow and another KEMSA like scandal requiring the immediate attention of DCI
Ø Mr. Ogenga is back stabbing junior officers by using renown activists within the Home care Management, especially some selected trainers andagents in the infighting over this rip-off.
Ø The real fraudster in this scam is Mr. Ogengahimself who has perfected the art of acting throughjunior employees to steal from the Authority.
Ø It is not rocket science to establish that the Mr. Ogenga is in bed with some accredited trainers and agents under Home CareManagement to steal from the Authority and todefeat its efforts to regulate this sector.
Fees are collected, students are examined andcertificates are issued, fictitious receipts arepresented to NITA for creative accounting andmillions ends up in the pockets of criminalemployees in a complex web of theft facilitated byan FKE & COTU protected Director General.