GAZETTE NOTICE NO. 9594

PURSUANT to clause I ofPart III ofthe Schedule ofTariffs 2013, notice is given t}at all prices for Elecbical Energy specified in Part II of the said Schedule will be liablc to a fuel cost charge of plus 234 cents per kWh for all metcr readingsto be taken in November,2016. Information used to calculate thc firel cost charge. Total units generated and prrchased including hydros, excluding exports in October 2016 (G) =864,t38,260 kWh JOSEPH NG'ANG'4, Directo*General. Power Station Fuel Price in October,2}l6 KSh/Kg. (Ci) Fuel Displacement Charge/ Fuel Charge Acbber, 2016 KSh./klrh Yariation from Units in October, 2016 in kWh (Gi)Sentember, 2016 hic e s Incre as e/(Dec rease) Kioevu I Diesel Plant 35.42 -1.31 16.148.000 Kinevu II Diesel Plant (Tsavo) 38.75 -0.02 3.147.000 Kipevu III Diesel Plant 37.97 I 33.016.000 Embakasi Gt 1 (Muhoroni) 74.76 r.37 3290.5rC Embakasi Gt 2 (Embakasi) 96.36 0 510 Rabai Diesel with Steam Turbine 35.41 0.13 44.351 .000 Iberafrica Diesel 42.59 t.42 3.051.940 Iberafrica Diesel-Additional Plant 41.79 0.96 17.246.67Q Thika Power Diesel Plant 47.64 -c.02 3,069,000 Thika Power Diesel Plant (with Steam Unit) 47.64 -0.02 r.s22.300 Gulf Power 84.94 -0.M 1.003.840 Triumoh Power 49.55 I .01 5.837.700 Mumias Suear Co. 3.4 -0.0 r Bioioule 7.09 -0.0r 43.684 Olkaria IV Steam Charee 2.03 724U,48t Olkaria I Unit IV &V Steam Charee 2.03 83.1 34.674 Omower 4 21.558.160 Uetc I Import (Non-Commercial) 8.15 -0.58 4.39s.188 Uetcl Import (Commercial) 14. l3 0.39 2.433.912 Uetcl Export (Non-Commercial) 8.l s -0.5 g -4.106.795 Uetcl Export (Commercial) 7 .9t -0.63 Emereencv Power (Muhoroni 3) Garissa Diesel (Keneen) 85.32 Garissa Diesel (Asrekko. Kensen) 85.32 Garissa Diesel(Aqrekko. Gok) 85.32 Lamu Diesel 79.84 Lodwar Diesel (Thermal) 107.43 1.06 750.01I Mandera Diesel (Thermal) I I 8.17 0.79 738.769 Marsabit Diesel (Thermal) I 08.91 0.07 423.35 Waiir Diesel 108.73 -0.22 916,473 Movale Diesel (Thermal) 8s.61 8.922 Mpeketoni Hola (Thermal) Merti (Thermal) I r 9.29 0.68 40.1 9 1 Habaswein (Thermal) 91.96 5.3 r 134.664 Elwak (Thermal) 1t3.92 o.42 96.21 [ Baraqoi 9s.52 6.13 27.tst Mfaneano (Thermal) 104.25 14.3 51.13( Lokichoeio I 10.41 0.13 90.10( Takaba (Thermal) 1t6.79 -0.1 I 49.935 Eldas t07.76 0 24.38C Rhamu r r 6.36 -0.71 50.05s Laisamis 70.55 9.58( North Horr t41.23 0 8.08C Lokori 87.98 0 10.249 Daadab 93.89 0 15-81 I Faza Island t6622 1.47 t2.69i GnzErrE Noucp No. 9595 THE ENERGY RECULATORY COMMISSION SCHEDULE OF TARIFFS 2OI3 FOR ELECTRICIry TARIFTS, CHARGES, PRICES AND RATES FoR,EIGN EXCHANGE FLUCTUATIoN ADTUSTMENT PURSUANT to clausc 2 of Part III of the Schedulc of Tariffs 2013, notice is given that all prices for Elcctrical the said Schedule will be liable b a forcign exchangc rate fluctuation adjusffiEnt of plus 9l cents per kWh for all November,2016. Eneryy specified in Part II of rneter readings to be taken in 4660 THE KENYAGAZETTE 18th November, 2016 Information used to calcularc the adjustment: KenGen (FZ) IPPs (IPPZ) Total (ZF+ZH+|PPZ) Exchange Gatn/(Loss) 3,034,784.8) 317,707,667,46 658,713,224,91 Total units generated and purchased excluding exportg in October 2016 (G) = 864,838,260 kwh JOSEPH NG'ANG'A, Director-General, GAZBTTENoIIcENo. 9596 THE ENERGY REGULATORY COMMISSION SCHEDULE OF TARJFFS 2OI3 FOR ELECTRICITY TARIFFS, PRICES, CHAROES AND MTES WATER RESOURCE MANAOBII'BNT AUTHORITY LEVY PURSUANT to clruse 5 of Part IU of thc Schcdulc of Tariffs 2013, noticc ia givcn fiat all priccr for Elccrical Energy ryccifiod h Pafi Il.. (A) of tho said Sctrodulc will bc liablc to a Wator RceoutEc Mrnagcrncnt Authority (WRMA) lcvy of plur 2,45 ccntr pcr kWh for all mcbr rcdinjr to bc trkcn in Novombcr,2016. lnformrtion urod to crlculatc thc WRMA Lcvy: Approvcd WRMA lcvy for encrgy purchrscd from hydropowcr plante of crprcity oqual to or rbovc IMW - 5 Konyr ccnb por KWh. Totrl unitr purchucd fiom hydropowcr plants with cryrcity cqud to or lbovc lMW. 356,549,676 kWh. Totrl uniff gcnorrbd rnd prrchucd includtrg hydu cxcluding oxpottr ln Octobcr,2016 - t{t.1,t3t,260 kWh. JOSEPH NG'ANCI'A, Dlractot'"Gcneml oAZBffBNOTrcENO.9597 TIIBWATERACT (No.Eol20xJ.2) TWO RMRS WATER AND SANITATION COMPANY IJItilTED APPR,oVBD WATER TARIFF SIRUCTURE FoRTTE IEIRIoD2OI6TIJfi,?NI7a)l8,z0ls2frI9 AND 2OI92O2O the Watcr Services Regulatory Board un&r power grantcd by sections 47 and 73 of the Watcr lrct, 20/Jl2, has appovcd thc rcgular tarifi adjustment for the area servcd by the Two Rivers Warcr and Sanitation Company Limited. Under the powcrs granrcd by section 73 (l) and 73 (4) of the Watcr Act, ZD2, Athi lVater Services Board, do givc a qrc month noticp ftrom tlp date of this communication to all existing and potcntial customes of Two Riven Watcr and Sanitation Company Limitcd that thc structurc of approved tarifffor water scrvices for the financial ycar20l6D.Ol7,?.Onn0l8 afiZJlElI)I9 is as follows: 1 .0 Water Tariff Structurp for Ye ar 2O16l?.O17 , 2OL7 DOfi, ml$mlg and 2filg207J l.l SewerageTariff Scwcrage will bc chargcd at 75% of the watcr charge for domestic consurners and.85% for commercial consumen. 1.2 Miscellaneous Charges Hydropwer Plant Unlts Purchased in October,z0l6 (kwh.) Gitant 80.508.000 Kamburu 39.403.000 Kiambcrc 88,527,000 Kindaruma 19.287.190 Maeinqa .179.000 Tana 4.394.760 Waniii 2.3t4.550 Saqana 319.246 Ndula 0 Turkwcl 46.062.4E0 Goso 436.600 Sondu Miriu 10.373.000 Srnsoro 13.674.750 Residential and Commcrcial Customers of Potable Water Approved Tariff ( KSh.l nd ) Consumption lf 0-6 100 7-20 lr5 2t-s0 135 5 l-100 160 100-300 175 300s 185 Recycled water consumers (ConEactorsflandscaping and grcunds maintenance) Flat rate r50 18th November, 2016 THE KENYAGAZETTE 4661 OTHER CHARGES Fixed Charses 300 KSh. Der month Refundable deposit 2 months deoosit based on estimated demand 2.0 Analycis of Cost Strucnrrc Below is thc oummaty of thc cost sEucfirre that makcs up thc totrl costs incuned by Two Rivers later and Sewerage Compony Limited. 3.0 Conditions att chcd to the tariffapproval (i) Thc tariff adjustment is approved for four yean and during which all the asomptions made in thc oriff pmjections will be monitored and the utility will bc expcctcd to rcvicw ite tariffs oncc it obtains a.bulk connoction form NCIVSC. (ii) Ferformancc Evaluation: Ferformancc targets to be mct and aseraincd by WASREB, at the cnd of thc lst year of the miff pcriod. (iii) Rcgulaory kvy: Ttrc WSP shall rcmit thc regulatory lcvy on monthly basis bcing l% of thc billing as per [.cgal Noticc No. 36 of 2fi]8. Datcd thc l9th Octobcr,2016. MAI-AQUEN MILTGO, ChicJ Exccutive Oficcr, Athi lYater Semices Board. Approved: ROBERT GAKI.'BIA, Chicf Executive Oficer, MR/2481839 Waterservices Regulatory Board, GAzEmENcrncENo.9593 TTIEWATERACT (No.8 ol2$2) TTIIKA WATER AND SEWER.AGE COMPANY APPR,oVED WAIE, TAI,IFF $n,UCTI.IRB FoR TrE ER,Io/D2O,6TNN ,2OI72OI8 ^ND 2OftNOl9 The Watcr Serviccs Rcgulaory Board un&r powcr granted by sections {l Nnd 73 of the Watcr Act,2-OO2 has approvcd thc rcgular tariff adjustment for thc area scrvcd by thc Thika WaEr and Scwcragc Company Limird CII{IWASCO). Under thc powers grantcd by section 73 (l) and 73 (4) of the Watcr Act, 2002, Athi Water Serviccs Board, do give a one month notice from the datc of dris communication o all cxisting ard potcntial customcn of Thika Watcr and Scweragc Corpany Limitcd (flIWASCO) that the structure of appoved tarifffor wacr scrvices for thc financial year?-Ol6f20fi,?frl7lZJl8 and2OlEA)I9 is as follows: 1.0 Water Tariff Struchrre for Year mrcl20l7,20l7l20l8 and a)l820l9 2016/ t7 2017il8 2018/ t9 2019t20 Operations and Maintenance 41.337.020.42 54.574.664.6 56.584.172.67 58.960.600.77 Nairobi Watcr Fce Q% of revenue) 450,529.30 1,041 ,170.79 1,287,929.05 1,669,75 4.77 WASREB Reeulatory l.evy 225,2il.65 520,585.39 il3,964,53 834.877.38 hoiectcd Costs 42.012,814.37 56.136.420.il 58,5 rc,A66.25 61.465.232.y2 htoiected Revenue 22,728,503.20 52,575,411 65,059,388 E4,384,384 Cost Coverase 54% 94% ltt% t37% Tyoe of Customer Current Tariff ( KSh.lmj ) Aporoved Tariff ( KSh./ mr ) ResidentiallDomestic 0-6mJ 20.00 33.00 7 -2Orn' 25.00 50.00 2t-50/l// 30.00 60.00 5l - 100 mr 35.00 65.00 l0l -300 m' 45.00 70.00 > 300 mr 50.00 75.00 C ommercialt lrtdustrialt Governmcnt Institutions O-6nf 30.00 40.00 7 -20m' 45.00 55.00 2l-5Omr 55.00 65.00 51 - 100 mr 60.00 70.00 l0l -300 nd 65.00 75.00 > 3(X) m' 70.00 80.00 S choo ls/ U niv e r s itie s I C o lle ge s <ffiO m' 30.00 50.00 601 - L}ffi mr 35.00 55.00 >12ffi d 40.00 60.00 S tandp ipe s I Wate r ft losfts 20 25.00 Gated Communities/ Multi dwelling units N/A 53 Item Reeommended C har ge ( KSh. ) A. Meter Rent Per Month Meter Size !6 inches 50 94 inches 100 I inch 250 I k inches 250 2 inches 250 3 inches 450 4 inches 800 6 inches I 250 I and ebove 2000 B. Water Deposit Catenory of Consumet Domestic 2500 Water Kiosks 5.000 Commencial 25,000 lndustries 50,000 Domestic Csnstruction 15.000 Commercial Constmction 50,000 C. Ncw Connection Charges u5" -< I 2500 l, < 3tt 7,500 Above 3" 15,000 D. Other Charses Reconnection fee - at meter ooint I,000 Reconnection fee - at mains 5,000 and double deposit Illegal connectisr{ommercial. Industry. ConshrctionGraud) 100.000 plus estimated consumption durins the period of the i[egality Illceal connection(Fraud) - Domestic 30,000 plus estimatcd consumption durins the period of the illesalitv Tanker - E.O(X) limes 2500 within WSP arca for all consumers Tanker - 16,000 litrps 5,000 within WSP arca for all consumers Replacement of stolen or damaged meters l(N:% of the market cost of the meter Meter testing on request 100 I-eak Deteetion Services 1,000 Sewer eonnection- Residential 5000 Sewer Connection- Commercial 7500 Sewer Connection- Industrial 15,(x)0 Private sewer unblocking - per manhole 2,500 Sewer Reconnection 15,000 Exhauster Services (Company Exhauster) 5,000 Other customers, 4,000 - informal settlements hivate Exhausters (Dumping into the company's sewer system) 15,000 per truck per month 1.1 Sewerage Tariff Serverage will be charged at 757o of the water charge for all consumers. 1,2 Miscellaneous Charges These shall be applied as per the approved miscellaneous charges. 2.0. Analysis of Cost Structurc Below is the summary of the cost structure that makes up the total costs incurred by THIWASCO: 3.0 Conditions arached to the tariffapproval (i) The tariff adjusunent approved for thrce years and during which all thc assumptions ma& in the tariff pro!rctions will be monitored rnd TIIMASCO will be expected to meetthe targets below: Expenditure Item 2015/t6 2016t17 2017/ 18 2018/19 Operations and maintenance 448,380,665 497,94/',319 514,868 ,321 538,9E1 ,428 Regulatory [.evy 4,803,099 7 ,453,693 7 ,441 ,331 8,721,386 Investments 20,691,284 116,550,000 48,500,000 116,600,000 WSB Administrative Fees 13,959,570 14,212,622 16,195,305 16,422p39 Loan Repayment 26,261,969 80,10 I ,605 102,005,954 Total Costs 487,833,609 662,422,604 667,106,562 782,7n,707 Proiected Revenue (KSh.) 465,899,679 678,286,092 684,602,442 8l I,088,899 O&M Cost Coverase (Vo\ 96Vo 102% l03Vo lO4Vo Target 2016/ 17 2017t18 2018/ 19 Water Coverage: 96Vo 97Vo 9LVo Water qualitv standards IOOVo compliance with the quality standards l Sth November, 2016 THE KENYAGAZETTE 4663 Target 2016t t7 2017/18 2018tle Non Revenue Water SOVo 28% 27% Hours of Suoolv 2t 22 22 Meterine ratio 90% t00% 1007. Collection Efficiencv 9t% 9ZVo 938( Resale at Kiosk Ragulac rcsalc by kiosk vendors at KSh, I pcr 20.litrcs. Tariffs at kioskg must bc displayed at stratcgic points for public awartncss (ii) Pcrlonruncc Evaluatlon: Performance trargets to bo mct and asccrtairrcd by WASREB, at thc cnd of thc lst ycar of the ariff period. Non achievcnpnt of thc sct targcts withoutjustifiablc causc shall lead o penalty, (iii) Regulatory Levy: lhe WSP shall ramit the r€gulatory levy on monthly basis being l% of the billing as per Legal Notice No. 36 of 2008. Ancare of the lcvy shall bc paid up bcforc tho tariff is approved for gazettomcnt. (iv) Surpluor thc Sutptusce rcalizcd during thc tariff pcriod shrll bc applicd to the construction of an office block for the utility. (v) Invcstmentsr Tho utility shall undcrtakc thc following invcatmcnh during thc tariffpcriod: Table I: Intomally Fundcd ProFcts Projcct Desuiption Tatal ,*nount (KSfts.)20t6tnt7 2017t20t 8 20t Et20t9 hocurcment of oDeration vehicles 12,000,000.00 4,000,000 4,000,000 4,000,000 Proeurcment of Motorbikes 1.800.000.00 600,000 600,000 600,000 Procurement of 30 KV Generator 4.000.000.00 4.000.000 hocurcment of 40 KVA Generator 4,800,000.00 4,800,000 Solar powened Flood lights for Trpatmont works 1,600,000 1,600,000 Additional raw watcr pump 4.000,000 4.000.000 Thrcc phase power connection for Magogoni borehole 3,000.m0 3.000.000 Consumer mctpr tecting equipment 1.000.000 I,000,000 Proeurcment of eonsumer m€tcrsr 28,500,000 10,000,m0 7,500,000 I I,000,000 Upgrading and extension of watcr supply in lnw Income Arcas. Sce break bwn Below85.000.000 40.000.000 10.000.000 35.000.000 Procurcment of Warer tankcr ( I PC) 12.0m.000 12.000.000 Comoositc mantple covers (300 PCS) 2,500.000 1.000,000 500,000.00 1,000,000 Uogndins sewer network 66.500.000 19.500.000 15.000.000.00 32,000,000 computcrs (6 PCS) 500.000 500.000.m Furnituro (10 eots) 1,000,000 1.000.000 Consumer m€t€r rcplaocmcnt 48.000.000 24.000.000 8.t00.000 15,200,000 Information Managcment syst€ms improvement 5,450,000 s3s0000 TOTAL 281,650,000 126,550,000.00 38,500,m0.00 116,6(X),m0.00 Table l.l: Investment in Low income Areas (Item No. 10 above) PROPOSAL FOR NEW WATER PROJECTS IN LOW INCOME AREAS 2016t2017 Item Area Size of Main Linc Distance Estimated Cost I Deacon Estate DN lfl) mm 4Km 9,000,000.00 2 Salama Estate DN 150 mm 3Km 6,000,000.00 3 Kiganio Estate DN 150 mm 2Km 4,500,fr)o.00 4 Karibaribi Area DN75 mm 2Km 4,500,000.00 2 Kisii Estate DN 75 mm 2Km 4,000,000.00 5 Gatuanyaga Area DN 150 mm 6Km _12,000,000.00 SUB-TOTAL 40,000,000.00 20t7DOt& Item Area Size of lulain Line Distance Estimated Cost I Karibaribi Area DN 150 mm 1.5 Km 4,500,000.m 3 Kiangombe area DN 75 mm 2Km 4,000,000.00 4 Attren a/I(iandegw a Estate DN 75 mm lKm 1,500,000.00 10,000,000.00 SUB.TOTAL z0r8nO,9 Item Area Size of Main Line Distance Estimated Cost I Gatuanyaga Area DN 150 mm 4Km 12,000,000.00 2 Witeithie Area DN75 mm 4Km 8,000,000.00 3 Deacons Estate DN 75 mm 3Km 6,000,000.00 4 Kiganio Estate DN 75 mm 2Km 4,500,000.00 5 Kiangombe area DN 75 mm 2Km 4.500,000.00 SUB-TOTAL 35,000,000.00 GRAND- TOTAL 4664 THE KENYAGAZETTE 18th November, 2016 Table 2: Externally Funded Projects Total loan in KSh. Efficiency Imprcvement Proiect 173,019,000.00 Additional Water Supply from Kairi Intake-Marv Hill Proiect 375,000,000.00 GRAND. TOTAL 548,019,000.00 Table 2.1 : Details of Efficiency Improvement hoject Estimated Cost in KSh. Bulk and Zonal Metering and DMA Isolation Valves 20,340,000.00 Leak Detection Equipment, Training and Repair 27.450.000.00 Production Process Improvement (Incl. lSVo) Contingency 125,925,000.00 GRAND TOTAL 173,715,000.00 Dated the 24th October,20l6. MN2477799 MALAQUEN MILGO, Chief Executive Ofica, Athi Water Services Board. Approved: ROBERT GAKUBIA, Chief Executive Offica, Water Services Regulatory Board. Geznme Norncn No. 9599 THE TECHNICAL AND VOCATIONAL EDUCATION AND TRAINING ACT,aOI3 PnnscnrBED Cunncns PLJRSUANT to the provisions of section 45 (l) of the Technical Vocational Education and Training Act, 2013, the TVET Curriculum Development. Assessment and Certification Council prescribes ttre charges specified in the column as the charges payable in respect of the matters respectively specified in the first, second and third column. prepare quarterly reports setting out the number of reports made to thc Director of Public Prosecutions (DPP) under section 35 of the Anti- Comrption and Economic Crimes Act, 2003 as read with section 1l(l) (d) of the Ethics and Anti-Comrption Commission Act, 2011. Section 36 provides that: l. The Commission shall preparc quarterly reports setting out tte number of rcports made to the Dircctor of Public Prosecutions under section 35 and such other statistical information relating to those reports, as the Commission considers appropriate. 2. A quarterly report shall indicate if a recommendation of tfe Commission to prosecute a percon for comrption or econornic crime was accepted or not accepted. 3. The Commission shall give a copy of each quarterly report to the Attorney-General. 4. The Anorney-Creneral shall lay a copy of each quarterly report before the National Assembly. 5. '[he Commission shall cause each quarterly report to be published in the Gazette. This rcport is therefore made pursuant to section 36 of the Anti- Comrption and Economic Crimes Act, 2003. The report covers he First Quarter and is for the perid commencing lst January,2016 to 3 I st March, 2016. INVESTIGATION REPORTS COVERING THE PERIOD IST JANUARY, 2016T0 3IST MARCH, 2016 EACC CR.02tl48l20l5 CF: MOhIBASA ACC. ttlz0t5 Inquiry into Allegations of Corruption against a Foreman in-charge of Dockers at the Kenya Ports Authority lnvestigations'revealed that the suspect, being a person employcd by a public body to wit, Kenya Ports Authority (KPA) as a foreman in charge of Dockers corruptly solicited and received a benefit of I(Sh. 80OOO from the complainant as an inducement to facilitate him get employment at KPA, a matter relating to the affairs of the said public body. A r€port was prcpared and forwarded to Director of Public Prosecution on 4h January,20l6 with a rcoommendation to prosecutc the suspect for offences of comrptly soliciting for and receiving r benefit eontrary to section 39(3) (a) of the Anti-Comrption nd Economic Crimes Act. On I st March ,2016, the Director of hrblic Prosecutions concuntd with the recommendation for prcsecution. Dated the 26th October,20l6. N8.t2477ffi4 CHARLES M. ONDIEKI, Chaimtan, CDACC. Gnzerrr Nq,rlgr No. 9600 THE ANTI.CORRI.JPTION AI{D ECONOMIC CRIMES ACT (No. 3 of}Oo3) THE ETHICS AND AItrI-9ORRUPTION COMMISSION ACT (Np. 22 of Zott) TI{E ETHICS AND ANTI-CORRUPTION COMMISSION THe HRsr QunnrenLy REpoRT CovERTNG Tr{E PeRrou lsrJnNuARY, 2016 To 3lsrMnncH, 2016 Preamble: The Ethics and Anti-Comrption Commission is required under section 36 of the Anti-Comrption and Economic Crimes Act, 2003, to Senice Rendered @p lic ationl Ac c re ditatio n Fee (KSh.) Renewal Fee (KShsJ Applying for approval to develop or review a CBET Curriculum 15,000 N/A Internal Assessors and Verifiers 5,000 2,000 Exrcrnal Assessors and Verifiers 5,000 2,000 Accrcditation of Curriculum Developers 10,000 5,000 Curriculum Evaluation 70,000 per course/Prograrnme N/A Assessment Centrc 50,000 Initial Approval 30,000 for every subseouent apnroval 20,fi)0 per course/ hogramme l Sth November, 2016 THE KENYAGAZETTE 4665 cR.l48l28t2015 THIKA ACC. NO. 6696t2015 Inquiry into Allegations of Corruption against Aslcaris oJ the Kiambu County Governmcnt Investigations revealed that the suspects who are employees of Kiambu County Government comrptly solicited and received a benefit of KSh. 2,000 from the complainant as an inducement not to tow away his lorry and to forbear charging him with the offence of tranqporting goods without a delivery licence. A report was prepared and forwarded to Director of Public Prosecution on 5th January, 2016, recommending prosecution of the suspects with fire offences of comrptly soliciting for and receiving a benefit contrary to section 39(3) (a) of the Anti-Comrption and Economic Crimes Act, 2003. On 22nd February, 2016, the DPP concurred with the recoillmendation for prosecution.. CR.343l34212015 CF: NO.ACC .t 5 l20l 5 Inquiry into Allegations of Corruption against a Senior Probation Officer based at Marialuni Investigations revealed that the suspect who is a Probation Officer based at Mariakani solicited and received a benefit of KSh. 16,000 from the complainant as an inducement to prepare a favourable rcport in a case where the complainant was convicted of the charge of stealing by servant in a matter before Mariakani Law Courts. A report was prspared and forwarded to the Director of Public Prosecution on 5th Febru ary , 20t6, recommending prosecution of the suspect with the offences of comrptly soliciting for and receiving a benefit contrary to section 39(3) (a) of the Anti-comrption and Economic Crimes Act. On 14th March, 2016, the DPP concurred with the recommendation for prosecution. EACC/Fr,/[NQ/ I 24 t20 I 5 Inquiry into Allegations of Misapproprintion of KSh. 25 billion proceeds of the sale of thc Sovereign Bond (Eurobord) by the National Treasury Investigations revealed that: The Medium Term Debt Management Strategy 2013-n 16 which was approved by the Cabinet laid the foundation on Government burrowing. It is on the basis of Medium Term Debt Management Strategy 2013-2016 that Eurobond was floated. Among the needs to be addressed by tre Eurobond finances was to cover the Budget deficit that the Government was experiencing. The National Treasury issued instructions to the Central Bank of Kenya to open off shore collection accounts for the proceeds. The CBK opened an Account No. 60314995 known as 'Sovereign Bond Proceeds Account' held at JP Morgan Chase Bank, New York for the Original Sale of US $ 2 billion. On 27th November,20l4, CBK, under the instnrctions from the National Treasury, opened another Account No. 36341018 known as 'GOIVCBK Sovereign Bond Tap Proceeds Account' held at Citibank Ne"w York tap sale of US $ 750 million. The Government eventually raised a total of US $2.815 billion in the year 2014. This was US $2 billion of original sale received in JP Morgan Account on 24ttr June, 2015 and US $8tS million in tap sales received in the Citibank New York account on 3rd December,2Ol4. On 3rd July, ?fr15, the Government paid a syndicated loan of US$ 604,560,737 .fi off from the JP Morgan Chase Bank. After the payment of the syndicated loan the balance of KSh.l96, 916,669,316.00 was sunendered to the National Exchequer Account on diverse dates. Eurobond proceeds were utilized as part of the National Budget with withdrawals being approved by the Controller of Budget. The National Treasury in the Financial Year 20t31?fr14 and Financial Year 2Ol4D0l5 distributed funds to the various minishies and state departments. Investigations did not reveal that there was any misappropriation of the proceeds of Eurobond. A report was prepared and forwarded to the Director of Public Prosecution on 8th February, 2016, recommending that the file be closed with a referral to the Office of the Auditor-General being an independent body with the mandate to audit accounts under Article 229 of the Constitution of Kenya,2Ol0, so as to carry out a Special Audit on the Development Projects that were implemented by ministries, departments and agencies (MDA's) in the Financial Year 20I3.f2Ol4 and Financial Year 20l4l20l5 to ascertain the utilization and value for money. On 25th January, 2016, the DPP directed that further Investigations be conducted. cR. 764 t60u20t5 CF. NATVASHA NO. tt2015 Inquiry into Allegations of Corruption against two (2) KM officers in Naivaslw The investigations revealed that the suspects who are KRA officers solicited and received KSh. 50,OOO from the complainant to forbear charging him for not having complied with the provisions of section 69 of Legal Notice No. 110 of Value Added Tax Act (VAT) Cap. 476, Laws of Kenya. A report was prepared and forwarded to the Director of hrblic Prosecution on l3tlt January, 2016 with recommendation for the prosecution of the two (2) KRA suspects with the offences of comrptly soliciting for and receiving under section 39 (3) (a) of the Anti- Comrption and Economic Crimes Act. On lgth February, 2016, the DPP concurred with the recommendation for prosecution. EACC/FUOPS/rNQ.N O. 39 t20 t 5 Inquiry into Allegation of Bribery against Nairobi City County Parking Attendants Investigations commenced after EACC received anonymous reports from members of the public and the Nairobi City County (NCC) that parking attendants from specific parking areas were collecting fees from motorists and that they wire not remitting the money !o NCC. EACC carried out an Integrity Testing on the concerned Nairobi City Parking Attendants and they tailed the tests. However the nature of the tests carried out did not meet the required evidence threshold for prosecution. A report was prepared and fsnvarded to the Director of Public hosecution on l3th January, 2016 with recommendation of administrative action against the Parking Attendants and improvements of revenue collection systems of NCC. On 23fi March, ?fr16, the DPP concurred with the necommendation for administrative action. CR.I48I3II2OI5 CF. NO. ACCZ'IaOIS,MILIMANI Inquiry into Allegation of Corruption against an intern based at the Ministry of Lands The investigations revealed that the suspect, an officer attached to the Ministry of Lands based at Ardhi House solicited for and received a benefit of KSh. 1,500 from the complainant so as to rctrieve a file which was due for title deed processing. A report was prepared and forwarded to the Director of Public Prosecution on 26th January, 2016 recommending prosecution of the suspect with the offences of comrptly soliciting for and receiving a benefit under section 39(3) (a) of the Anti-comrption and Economic Crimes Act. On 9th March, 2016, the DPP concurred with the recommendation for prosecution. EACC/MSA/Fr,/rN Qt L3 taO t3 Inquiry into Allegatioru tlwt the forrner Magarini CDF Fund Marager abused his offrce by awarding burwries to himself and anotlwr Investigations revealed that the CDF manager awarded bursaries to himself and another person as students of Kenyatta University by Magarini Constinrency Development Fund yet the two did not qualify. A report was pr€pared and forwarded to the Director of Public Prosecution on 1lth January, 2016, recommending prosecution of the suspect with the offences of abuse of office conhary to section 46, Fraudulent Acquisition of Public hoperty contrary to section a5 (l) (a) of the Anti-Comrption and Economic Crimes Act and uttering a false document contrary to section 353 of the Penal Code. On l0th February, 2016, the DPP concurred with the recommendation for prosecution. fr t{ 4666 THE KEb{YA GAZETTE 18th November, 2CItr6 EACC/PLfiNQll24n4 Inquiry into Allegaflons against the Director-General of the Netionel Youth Servlce /or serulcing ard maintaining a privatety owned vehicle reg. No. KBS 4755 at the ercpense o/ Nf'S at the cost af 497,335. Investigations revealed that motor vehicle reg. KBS 4755 Land Rover Discovery is privately owned by the former Director General of National Youth Sen'ice (NYS) and that the motor vehicle reg. GK Zl85 Lald Rover Discovery helongs to NYS. motor vehicle reg. KBS 4755 was dclivercd for service at RMA Motors Umibd but the vehiclc that was registered for service was GK ZI8S.KBS 4755 was serviced at a cost of KSh. 497,335 and 0re sarn€ was pakl by NYS. A report was prepared and fonranded to the Director of Rtblic Pr,osecution on l3th January, 2016, recommending pncsecution of the concemed NYS officials with the offences of abuse of office ctnEary to section 46, Fraudulent Acquisition of Public hoperty conhary to section 45 (ll @) of the Anti-Comrption and Economic Crimes Act and conspiracy to defraud conhary to section 63 of the Penal Code. On 4th Febnrary, 2015, the DPP concuntd with the necommendation for prosecution. CR. I 48/29 I2OI5 CF NO.ACC,23I2OI 5 MIUMANI Inquiry into Alleg:ations of Corruption agalnsr, a Public Health Oficer at the City Hall, Nairobi Investigations established that the suspect, a public health officer at the City Hall, Nairobi solicited for and received KSh. 40,000 a benefit from the complainant as an inducement to forpbear charges for non- compliance with notice of inspection on sanitation of premises under the Ptrblic Health Aet. Cap. 242Laws of Kenya. A report was prcpared and forwarded to Director of htblic Prosecution on 2nd February, 2fi16, recommending prosmution of the suspect with the offence of soliciting for and receiving a benefit under section 39(3) (a) of the Anti-Comrption and Economic Crimes Act. On lSth April,2}l6, the Director of Public hosecutions concunpd with the recommendation for prosecution. EACC/MSA/ACCfi4l20t5 Inquiry into Allegations of Corruption against a Sun'q Assistant with the Ministry of lands, Mombasa Investigation revealed that the suspect, a Survey Assistant at the Ministry of Lands Mombasa solicited and received KSh. 5,000 from the complainant in order to release a sketch map to hlm. A report was prcpared and fonuarded to the Director of Public Prosecution on l0th February, 2016, rccommcnding prosecution of the suspect with the offence of comrptly soliciting and rcceiving a benefit contrary to section 39 (3) (a) of ttre Anti{omrption and Economic Crimes Act, 2003. On 3lst May, 2016, the Director of Public hosecutions concurred with our recommendation for prosecution. EACC/K Stvl/CF/g 30 I 18 5/20 I 5 Inquiry into Allegation of Corruption against a Prosecution Counsel based in Busia Law Court Investigation revealed that the suspect, a Prosecution Counsel based in Busia solicircd for and received a benefit of KSh. 7,000 from the complainant so as to facilitate the release of a motorcycle which had been confiscated by police officers and retained at Busia Police Station. A report was prepared and forwarded to the Director of Public Prosecution on I lth February,2016, recommending prosecution of the suspect with the offence of comrptly soliciting for and receiving a benefit contrary to sectioh 39 (3) (a) of the Anti-Comrption and Economic Crimes Act, 2003, On I lth March, 2016, the Director of Public Prosecutions concurred with the recommendation to prosecute. cR.421n42t20t5, MERU AC. NO. 612015 Inquiry into Allegations of Corruption against a Meru Paralegal C ommunity Or ganization C o - ordinator Investigations established that the suspect who is a co-ordinator Meru Paralegal Community Organization solicited for and received a benefit of KSh. 10,000 from the complainant as an inducement to mahe a favourable recommendation for 0re complainant who had a misunderstanding with the wife on the maintenance of their child. A repo.rt w&s prepared and forwarided to Dir€ctor of kosecution on lSth February, 2016" raao;murcnding p.rosootltion of ttw suspect with. the offences of soliciting and receiving a benefit conEary to section 39 (3) fs) of the Anti- Comrptbn and F*qnomic Crilaes Aet, 2003. On 26th May, 2016, the Direcbr of Public hosecutioRs concurred with the recommendation for prosocutirn. cR.42 I n7 4ffi1 5 MERU AC€.T ftA,s Inquiry inn Atlegafians ef Corruptian egainsl a Police fficer sanu6 at Archers Pasr Palice Srerron Investigations rpvealod that a police offic'er at Arphcrs Fost Folico Station solicited for end rccoivod a honefit of KSh. 2000 a$ ra inducement to rplearc the complainant fium police cusmdy who hrd been arested after committing sn offence of ohstruction. A report was preparcd and fonrardcd to Diroctor of hosecution oa lsth February, 2016, recommending prooecution of tho suspcct wiilt the offence of soliciting for and receiving a benefit contrary m soctitra 39 (3) (a) af the Anti-Comrption and Economie Crimes Act, 2003. On 23nd March, 2CI16, the Director of hblie hosecutions concurred with the recommendation for pnosocution. EACCIOPS/INQ.NO.4 I /20 I 5 Inquiry inta Allegation ol Bribery agein.rf IVamDd eiry County Parking Attendants in Westlands Investigations commenced aftor EACC rcceived anonymous reports from members of the public and the Nairobi City County (NCC) that parking attendants from specific parking arcas werc collecting fees from motorists and ttrat ttrey yerc not rcmiuing tho money to NCC. EACC carried out an Integrity Testing on the eqRcemed Nairobi City Parking attendants and they failed the tests. However ttre naturu of the tests carried out did not meet the required evidence threshold for prosecution. A report was prepared and fonvarded to the Dirpctor of htblic Prosecutions on l6th Febnrary, 2016, with rtcommendation for closure. On l4th June, 2016, the DPP concurred with the reeommendation for closure. EACC/rNQ/OPS/08t20t6 Inquiry into Allegations that the Governor of Murang'a County Obstructed EACC fficers from executing a search wawant Investigations establishcd that EACC secured orderc to search the Governor's office, rpsidence and business premises. EACC officen prrrceeded to the above prumises to carry out the searph and as they were carrying out the search, the Govemor indicated to them that they would not carry awsy $ome of his documents. Shortly a group of supporters of the Governor appeared and snatchod the docurnenk that had been recovered by EACC officers and took off with them. A report was prepared and forwarded to the Director of Public Prosecution on lSth February , 2016, with reconunendation for ths charge of obstnrction contrary to section 66 (l) (a) of Anti{omlption and Economic Crimes Act, n$ and that the fidingr bc forwarded to the Senate so as to take appropriate action as per pmvisions of Article I 8l of the Constitution. On 9th March, 2016, the DPP concurred with our rpcommendation, I 7 CR. t48t2t20l 5 MILIMANI ACC,2l20l6 Inquiry into Allegations of Corruption against a Draughtsman, Nairobi City County Investigations revealed that the suspect, an employee of the Nairobi City Counry working as a Draughtoman solicitcd for KSh. 30000 from ttre complainant as an inducement to allow him 0o continue with the construction of house at Lucky Summer Area. . A report was prepared on 22nd February, 2016 and forwaded to the Director of Public Prosecution recommending prosecution of thc suspect witlr the offence of soliciting for a benefit contrary to section 39 (3) (a) of the Anti-Comrption and Economic Crimes Act, 2003. On lSth April,20t6, thc Director of Public hosecutions coneunpd with the recommendation for prosecution. I i t ! F I I ; i i L I i I t I I I l I I i lSth November,2O16 THE KENYA GAZETTE 4667 EACC/FI/[NQ/104t2015 Inquiry into Allegations of lrregular Procurement of Accommdation and Conference Facilities by the National Youth Sentice (NfS) Investigations revealed that NYS officials secured h,ilS Narumoro River Lodge for conference facilities at a cost of KSh. 4,114,255 without adhering to laid down procurement procedurcs. A report was prepared on lsth Febnrary, 2016 and forwarded to the Director of Rrblic Prosecution recommending surcharging of the Acting Director-General and a charge of Abuse of Office contrary to section 46 of prosecution Anti-Comrption and Economic Crimes Act, 2003. On lOth March, 2016, the Director of Public Pr,osecutions concurred with our recommendations. EACC/I SI-TFI/IN Q.7 I2O I 4 Inquiry into Allegations of lrregular Awarding of Tender for Erection of Perimeter Fence for Proposed Site for Caunty Government Offices and Misappropriation of Funds in Marsebit County Investigations revealed ttrat Marsabit County Government Tender Committee used Restricted Tendering without meeting the prescribed conditions in an attempt to rcgularize a flawed procurement process used to award a tender to undertake the erection of a perimeter fence on a land proposed to house county headquarters. A report was prepared on lsth February , 2016 and forwarded to Director of Public Prosecution recommending several charges among then wilful failure to comply with applicable Procurement Procedures contrary to section 45 (2) (b), abuse of office contrary to section 46 of prosecution Anti-Comrption and Ecomrmic Crimes Act, 2003. On 9th March, 2016, the Director of Public hosecutions concurred with our recommendations. EACC/K SM/rNQ/FU0 6 tz0t 4 Inquiry into Nlegations of CorrrEt Conduct against the Chief Manager, Finance in the Payment of Salaries to Persons who are not Employees of the lake Victoria South Water Seruice Board Investigations revealed that Chief Manager, Finance used to insert the names of his wife and a mason who was constructing his residential house, persons who were not employees of the board in the pay roll of board employees and a total of KSh. 12,009,590 was irregularly paid out. A report was prepared on lsth February, 2016 and forwarded to Director of Public Prosecution recommending ssveral charges among then, Fraudulent Disposal of hblic Property contrary to section 45 (l) (b) and abuse of office confiary to section 46 of pnrsecution Anti- Comrption and Economic Crimes Act, 2003. On 9th March, 2016, the Director of Public Prosecutions concuned with the recommendations for prosecution. cR.r48/35n0t5 CF. ACC.NO 30n0,5 Inquiry into Allegation of Corruption against a Police Officer attached to Tassia Police Patrol Base and another Investigation revealed that the suspect who is a police officer solicited for and received a bribe of KSh. 5,000 from the complainant as an inducement to release the complainant's brother from custody after having been arrested by ofFrcials from the Music Copyright Society of Kenya for playing music in a public place without a licence. A report was prepared and forwarded to the Directror of Public Prosecution on 23nd February,2016, reconunending prosecution of the suspect for an offence of comrptly soliciting for and receiving a benefit under section 39 (3) (a) and (b) of Anti-Comrption and Economic Crimes Act, 2W3. On l0th May, 2016, the Director of Public Prosecutions concurred with the recommendation for prosecution. cR. EACC/g r 6/INQI 426t20 t5 Inquiry into Allegations of Corruption against Police Officers attached to the Webuye Weighbridge Investigations revealed that police officers who iue employees of National Police Service failed to discharge their duty of diverting all trucks for weighing and taking action against those that disobeyed their orders to divert. A report was prepared and forwarded to Director of Public Prosecution on 24th February, 2016, recommending that the suspects be charged with the offence of abuse of office contrary to section 46 as read with section 48 of the Anti-Comrption and Economic Crimes Act, 2003. On 13th July, 2016, the Director of Public hosecutions concuned with our recommendation to prosecute. I48,B3NO I 5 CF. NO.ACC .27 NOIS MILIMANI Inquiry into Allegations of Corruption against Police Oficers attached to logoo House Police Station Investigations established that the suspects are police officers who are employees of National Police Services, solicited and received KSh. 300,000 ftom the complainant as an inducement to forebear the charges of possessing fake bank currency. A report was prepared and fonuarded to Director of Rrblic Pr,osecution on lOth March, 2016, recorrunending prosecution of the suspects with an offence of soliciting and receiving a benefit under section 39 (3) (a) and (b) of Anti- Comrption and Economic Crimes Act,2003. On 24th June, 2016, the Direcbr of hrblic hosecutions concurrcd with our recommendation to prosecutre. EACC: MOMBASA RP/INQ.022t20l5 CF. CR. 1091 lz0ts Inquiry into Allcgation of Corruption against an Employee ol Kenya Power and Lighting Company Limited Investigations established that the suspects who arc employees of Kenya Power and Lighting Company corruptly solicited and rcceived KSh.15,000 from the complainant as an indrcement to forbear charging him for an illegal connection of a meter box. A report was prepared and fonrarded to Director of Public Prosecution on 23rd February,2016, rccomrrcnding prosecution of the suspects with the offence of soliciting and rcceiving a benefit conEary 'to section 39(3) (a) of the Anti-Comrption and Economic Crimes Act, 2003. On 7th April, 2016, the Director of Public Prosecutions accepted recommendation for prosecution. cR. 148 t23t2015 CF THIKA ACC. 6005/2015 Inquiry into Allegations of Dcaling with Suspect Property against two Police Oficers attached to Kabete Police Station The Commission commenced investigation following complaints from members of the public that Traffic Police Officers along Waiyaki Way at Kabete Police Station were taking bribes from motorists without conducting traffic inspections. The Commission conducted surveillance on the Traffic Police Officers along the Waiyaki Way. two police officens were captured receiving bribes from motorists and thereafter the vehicles would be allowed to pass without a traffic inspection. On 25th February, 2016, a report was prepared and forwarded to Director of Public Prosecution recommending charges of dealing with suspect property under section 47 of the Anti-Comrption and Economic Crimes Act, 2W3. On 22nd March, ?fr16, the Director of Public Prosecutions concurred with our necommendation to prosecute cR. 78 U574t2015 ACC . t583120t5 Inquiry into Allegations of Corruption during KDF Recruitmcnt Exercise at Narok County Investigations established that at tre recruitment exercise of KDF officers in Olololunga Stadium in Narok South Sub{ounty the suspects offered to give Ksh.l00,0(n to the KDF officers conducting the interviews in order 0o secure slots in the recruitment. Investigations further revealed that the suspects were taken to DCI Narok where they were interrogated for bribing KDF officers. DPP directed that the matter be taken over by EACC. A report was prepared and forwarded to Director of Public Prosecutions ?Jlth February , 2016, recomrrnding that the suspects be charged with offences of comrptly offering a benefit contrary to section 39(3) (b) of Anti-Comrption and Economic Crimes Act, 2W3. On l4th June, 2016, the Director of Rrblic Prosecutions concurred with our recommendation to prosecute. 4668 THE KENYAGAZETTE 18th November, 2016 cR.42ln80t201s MERU ACC. NO. 8l20ts Inquiry into Altegation of Corruption a Chief Adiudication and Settlemcnt Officer Tigania East Sub-County, Meru County Investigation revealed that the suspect is a Chief Land Adjudication and Settlement Officer, Tigania East Sub-County, Ment County cornrptly solicited for a benefit of and received KSh. 30O00 as an inducement to make a ruling in favour of the complainant in a land dispute. A report was prepared and fonrarded to Director of Public Prosecution on 25th February,2016, recommending prosecution of the suspects for soliciting and receiving a benefit conffary to section 39 (3) (a) of the Anti-Comrption and Economic Crimes Act. On 25th May, 2016, the Director of Public hosecution concurred with our necommendation to prosecute. EACC/FVOPS/rNQ.NO. 39/20 I 5 Inquiry into Allegation of Bribery against Nairobi City County Parking Attcndants within Ngara Area and Kijabe Street Investigations commenced after EACC rcceived anonymous reports from members of the public and the Nairobi City County (NCC) that parking attendants from specific parking areas wele collecting fees from motorists and that they were not remitting the money to NCC. EACC carried out an Integrity Testing on the concerned Nairobi City Parking attendants and they failed the tests. However the nature of the tcsts carried out did not meet the threshold evidence required for a criminal matter. A report was prepared and forwarded to the Director of Public Prosecution on lstMarch, 2016, with rccommendation for closure. On 22nd March, 2016, the Director of hblic Prosecutions concurred with our recommendation. STATISTICAL SUMMARY OF FILES FORWARDED TO THE DIRECTOR OF PUBLIC PROSECUTIONS HALAKHE D. WAQO Se crenry I Chie! Exe cut* " O5r rr. SOPHIA LEPUCHIRIT, Vice-Chairperson.