GAZETTE NOTICE NO. 965

pursuant to section 36 of the Anti- Corruption and Economic Crimes Act, 2003. The report covers the fourth Quarter of the year 2014, and is for the period commencing|st October, 2014 to 31st December, 2014. INVESTIGATION REPORT COVERING THE PERIOD 1ST OCTOBER TO 31ST DECEMBER, 2014 KACC/FI/INQ/25/20005 Inquiry into allegations that the Office of the President irregularly entered into a Suppliers Financing Agreement for the sum of EUROS 40,000,000 with a Corporation in the United Kingdom for the modernization of the Police Equipment and Accessories Project for the Kenya Police Department Investigations established that whereas the GOK entered into a contract with the company in the UK, no requisition for modernization of the police equipment and accessories had been made by the Police Department. The Police who were the user Department were never involved in the preparation of specifications for the project, nor were they involved in the identification of the companies being contracted. Investigations also established that no technical specifications were provided by the Police for the project and the PS, Ministry of Internal Security unilaterally engaged the foreign company without following the laid down procurement Regulations. Investigations further established that no due diligence was carried out in respect of the two companies contracting with the GOK. The GOK paid a sum of KSh. 120,000,000 as management fees for the contract. However, investigations established that no equipment was delivered to the Police under the contract, and thus there was no performance of the contract. The evidence obtained established culpability in regard to the officers involved in the contract. A Report was compiled and forwarded to the Director of Public Prosecutions on 16th October, 2014 with recommendations that the suspects culpable be charged with various offences of breach of procurement Regulations, abuse of office, conspiracy to defraud and fraudulent acquisition of public property. The DPP advised that further investigations be carried out in the matter. KACC/FI/INQ/19/2005 Inquiry into allegations that the Office of the President irregularly entered into a Suppliers Financing Agreement for the sum of EUROS 59,688,250 with a Swiss Company for the computerization of the Security, Law and Order Systems and Procedures for the Kenya Project Code named E-Cops. The investigations established that the contract for the computerization of the Kenya Police systems (E-cops) was entered into after the Swiss Company submitted a technical proposal to the Office of the President. Investigations further established that the identification of the company was not done through the requisite procurement procedures. In addition, the Police Department was not involved in the preparation of the technical specifications for the project. The investigations also established that the technical, competence, capability, and financial status of the company was also not established before the office of the President entered into a contract with them. The computerization of the Police had also not been planned for nor did the project have sufficient direct budget ¢ allocations. The evidence obtained in the investigations revealed several breaches by public officers involved during and up to the time the contract was entered into. Formatted: Indent: Left: 0.42 cm, Hanging: 0.42 cm, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 1.9 cm + Tab after: 2.54 cm + Indent at: 2.54 cm 13th February, 2015 The evidence revealed that the contract was entered into after several breaches and irregularities. A Report was compiled and forwarded to the Director of Public Prosecutions on 16th October, 2014, with recommendations that the suspects that the suspects culpable be charged with various offences of breach of procurement Regulations, abuse of office, conspiracy to defraud and fraudulent acquisition of public property. The DPP advised that further investigations be carried out in the matter. KACC/FI/INQ/29/2005 Inquiry into allegations that the Government of Kenya irregularly entered into a contract on a single sourcing basis with a foreign company for the installation of a National Early Warning (Security and Safety) System (NEWSS) for the KENYA Meteorological Department at a cost of US Dollars 35,000,000. The investigations established that the NEWSS project for the meteorological Department was not a security project and therefore should have been subjected to competitive procurement process instead of direct procurement. Investigations further established that the project was not budgeted for by the Ministry of Transport and Communications. The technical specifications were not prepared by the user Department as required, but by the foreign company whose capacity was not known. _ It was also established that due diligence was not carried out in regard to the companies that the Meteorological Department was contracting with to ascertain their technical, legal, financial, competence and capability status. Investigations further established that the GOK paid commitment fees, down payment, interest and instalments towards loan repayment, yet no loan was advanced. The project was also overpriced and the market price/value was not ascertained before the contract price was agreed upon. The investigations established culpability on the part of the officers involved in the contract and private persons who benefit from the irregular award. A Report was compiled and forwarded to the Director of Public Prosecutions on 16th October, 2014 with recommendations that the suspects culpable be charged with various offences of breach of procurement Regulations, abuse of office and breach of trust. The DPP advised that further investigations be carried out in the matter. KACC/FI/INQ/33/2005 Inquiry into allegations of an irregular contract between the Government of Kenya and a private company for the supply and installation of a dedicated multi-channel security system for the Administration Police at a cost of EUROS 49,650,000. The investigations established that the Office of the President irregularly contracted two foreign companies for the supply of and installation of a telecommunication system for the Administration Police and financing of the said project. The investigation established that no due diligence was performed in regard to the companies before being engaged to satisfy the OP on the legal, financial, competence and technical capacity of the two. It was further established that there was non-compliance with the Procurement and financial Regulations in identifying and engaging with the two companies. Investigations further established that no budgetary allocations had been set aside for the project nor were any estimates to cater for the project approved by Parliament in the financial year that the contract was entered into. The project had also not been planned for. The investigations established culpability in respect of the officers involved in the contract. A report was compiled and forwarded to the DPP on 16th October, 2014 with recommendations that the suspects involved in the transaction that the suspects culpable be charged with various offences of breach of procurement Regulations, abuse of office and breach of trust. The DPP advised that further investigations be carried out in the matter. CR.660/101/2014 MIGORI ACC. NO.690/2014 Inquiry into allegations of corruption against an Investigation Supervisor, South Nyanza Sugar Company Limited (SONY) The investigations established that the suspect corruptly solicited for a benefit of KSh. 60,000 from the complainant as an inducement to facilitate the collection of scrap metal the complainant had purchased from Sony Sugar. The suspect also received a benefit of KSh. 30,000 from the complainant. He was arrested and arraigned before the Migori Anti- Corruption Court and charged with the offences of corruptly soliciting for and receiving a benefit contrary to section 39 (3 ) (a) of the Anti- Corruption and Economic Crimes Act, 2003. A report was compiled and forwarded to the Director of Public Prosecutions on 16th December, 2014 with recommendations that the case against the suspect proceed to its logical conclusion. On 5th January, 2015, the DPP accepted the recommendation for prosecution CR.NO.145/215/2014 NAIROBI ACC NO. 24/2014 Inquiry into allegations of corruption against a Police Officer attached to the Railways Police Station Nairobi. The investigations established that the suspect corruptly solicited for a benefit of KSh. 2,000 from the complainant as an inducement to facilitate the release of the complainant’s husband from the police station. The suspect however did not receive the benefit that she had solicited for. She was arrested and arraigned before the Nairobi Anti- Corruption Court and charged with the offences of corruptly soliciting for a benefit contrary to section 39 (3 ) (a) of the Anti- Corruption and Economic Crimes Act, 2003. A report was compiled and forwarded to the Director of Public Prosecutions on 9th December, 2014 with recommendations that the case against the suspect proceed to its logical conclusion. On Sth January, the DPP accepted the recommendation for prosecution. CR.145/183/2014 NAIROBI ACC. NO. 20/2014 Inquiry into allegations of corruption against a Police Officer attached to the Kibera Law Courts The investigations established that the suspect corruptly solicited for a benefit of KSh. 15,000 from the complainant as an inducement to forbear charging him with a traffic offence. The suspect also received a benefit of KSh. 5,000 from the complainant. He was arrested and arraigned before the Nairobi Anti- Corruption Court and charged with the offences of corruptly soliciting for and receiving a benefit contrary to section 39 (3 ) (a) of the Anti- Corruption and Economic Crimes Act, 2003. A report was compiled and forwarded to the Director of Public Prosecutions on 27th November, 2014 with recommendations that the case against the suspect proceed to its logical conclusion. On 30th December, 2014, the DPP accepted the recommendation for prosecution. CR.767/265/2014 NAKURU ACC. NO. 9/2014 Inquiry into allegations of corruption against an Operations Officer, Kenya Power and Lighting Company Limited. The investigations established that the suspect corruptly solicited for a benefit of KSh. 20,000 from the complainant as an inducement to reconnect electricity supply to the complainant’s house. The suspect also received a benefit of KSh. 15,000 from the complainant. He was arrested and arraigned before the Nakuru Anti- Corruption Court and charged with the offences of corruptly soliciting for and receiving a benefit contrary to section 39 (3 ) (a) of the Anti- Corruption and Economic Crimes Act, 2003. A report was compiled and forwarded to the Director of Public Prosecutions on 24th November, 2014 with recommendations that the case against the suspect to proceed to its logical conclusion. On 30th December, 2014 the DPP accepted the recommendation for prosecution. CR.780/586/2014 NAKURU ACC. NO. 6/2014 Inquiry into allegations of corruption against a Police Officer attached to the Criminal Investigations Department (CID) Nakuru County The investigations established that the suspect corruptly solicited for a benefit of KSh. 50,000 from the complainant as an inducement to drop charges of obtaining money by false pretences against the complainant. Investigations established that the suspect later reduced the benefit to KSh. 10,000. The suspect also received a benefit of KSh. 10,000 from the complainant. He was arrested and arraigned before the Nakuru Anti- Corruption Court and charged with the offences of corruptly soliciting for and receiving a benefit contrary to section 39 (3 ) (a) of the Anti- Corruption and Economic Crimes Act, 2003. A report was compiled and forwarded to the Director of Public Prosecutions on 6th November, 2014 with recommendations that the case against the suspect proceed to its logical conclusion. On 7th December, 2015, the DPP accepted the recommendation for prosecution. CR. 627/500/2014 KAKAMEGA ACC.NO 1/2014 Inquiry into allegations of corruption against two Enforcement Officers, Vihiga County and a Police Officer attached to Luanda Police Station. The investigations established that the suspects corruptly solicited for a benefit of KSh. 10,000 from the complainant as an inducement to release the complainant’s motor vehicle which had been impounded for flouting the Vihiga County by-laws. The Police Officer received a benefit of KSh. 10,000 from the complainant for himself and on behalf of the two Enforcement officers. Investigations further established that the two county Enforcement Officers escaped when the EACC investigators went to arrest them. The suspects were later arrested and arraigned before the Kakamega Anti- Corruption Court and charged with the offences of corruptly soliciting for and receiving a benefit contrary to section 39 (3 ) (a) of the Anti- Corruption and Economic Crimes Act, 2003. A report was compiled and forwarded to the Director of Public Prosecutions on 29th October, 2014 with recommendations that the case against the suspect proceed to its logical conclusion. It was further recommended that the two County Officers be charged with the offence of obstruction contrary to section 66(1) of the Anti- Corruption and Economic Crimes Act, 2003. On 29th January, 2015 the DPP accepted the recommendation for prosecution. 1. Inquiry into allegations of corruption against the Jomvu Ward Member of the Mombasa County Assembly The investigations established that the suspect corruptly solicited for a benefit of KSh. 200,000 from the complainant as an inducement to forestall a planned demonstration by the residents of Jomvu Ward in connection to a factory operated by the complainant; and to stop the effecting of a Notice issued by the Mombasa County Chief Public Health Officer. The suspect also received a benefit of KSh. 100,000 from the complainant. He was arrested and arraigned before the Mombasa Anti- Corruption Court and charged with the offences of corruptly soliciting for and receiving a benefit contrary to section 39 (3) (a) of the Anti- Corruption and Economic Crimes Act, 2003. A report was compiled and forwarded to the Director of Public Prosecutions on 24th October, 2014 with recommendations that the case against the suspect proceed to its logical conclusion. On 24th October, 2014, the DPP accepted the recommendation for prosecution. KACC/FI/INQ/20/2005 Inquiry into allegations of irregular single sourcing of a contract between the government of Kenya and a Corporation in the USA for the supply and installation of VSAT Equipment to the Postal Corporation of Kenya (PCK) Investigations established that the PCK entered into a contract with a foreign company for the supply of equipment to PCK. Investigations established that due procurement procedures were not complied with and the Accounting Officer unilaterally awarded the contract to the said company. Further, the investigations established that PCK did not carry out due diligence to establish the legal, technical and financial status of the company they engaged. It was also established that project by PCK was not budgeted for nor the estimates approved by Parliament. The investigations established that the VSAT equipment was supplied and the contracted company received the contract sum. The investigations established culpability on the part of the public officers who were involved in the contract. A report was compiled and forwarded to the Director of Public Prosecutions 16th October, 2014 recommending that the suspects culpable be charged with various offences of breach of procurement Regulations. The DPP advised that further investigations be carried out in the matter. CR.735/293/2014 NAKURU ACC. NO 7/2014 Inquiry into allegations of corruption against a Primary School Teacher at the Arap Moi Primary School The investigations established that the suspect corruptly solicited for a benefit of KSh. 2,000 from the complainant as an inducement to admit the complainant’s child in the school. The suspect also received a benefit of KSh. 2,000 from the complainant. She was arrested and arraigned before the Nakuru Anti- Corruption Court and charged with the offences of corruptly soliciting for and receiving a benefit contrary to section 39 (3 ) (a) of the Anti- Corruption and Economic Crimes Act, 2003. A report was compiled and forwarded to the Director of Public Prosecutions on 9th October, 2014 with recommendations that the case against the suspect proceed to its logical conclusion. On 7th November, 2014, the DPP accepted the recommendation for prosecution. CR.141/341/2014 NAIROBI ACC. No. 16/2014 Inquiry into allegations of corruption against two former employees of the Ethics and Anti- Corruption Commission. The investigations established that the suspects corruptly solicited for a benefit of KSh. 180,000 from the complainant as an inducement not to disqualify her company from the list of pre-qualified suppliers for the EACC in the 2014-2015 Financial year. Investigations further established that one of the suspects received a benefit of KSh. 50,000 from the complainant through Mpesa whereas the other suspect received KSh. 100, 000 through an agent. The suspects were arrested and arraigned before the Nairobi Anti- Corruption Court and charged with the offences of corruptly soliciting for and receiving a benefit contrary to section 39 (3 ) (a) of the Anti- Corruption and Economic Crimes Act, 2003. A report was compiled and forwarded to the Director of Public Prosecutions on 9th October, 2014 with recommendations that the case against the suspect proceed to its logical conclusion. On 26th November, 2014, the DPP accepted the recommendation for prosecution. CR. 123/426/2014 CF. NAIROBI ACC. 4367/2014 Inquiry into allegations of corruption against an employee of the Nairobi Water and Sewerage Company Limited. The investigations established that the suspect corruptly solicited for a benefit of KSh. 25,000 from the complainant as an inducement to solve a water problem in the complainant’s residence. The suspect also received a benefit of KSh. 25,000 from the complainant. He was arrested and arraigned before the Nairobi Anti- Corruption Court and charged with the offences of corruptly soliciting for and receiving a benefit contrary to section 39 (3 ) (a) of the Anti- Corruption and Economic Crimes Act, 2003. A report was compiled and forwarded to the Director of Public Prosecutions on 9th October, 2014 with recommendations that the case against the suspect proceed to its logical conclusion. The DPP accepted the recommendation for prosecution. EACC/MSA/INQ/RP/06/2014 Inquiry into allegations of corruption against a Police Officer attached to Mombasa Central Police Station. The investigations established that the suspect corruptly solicited for a benefit of Kshs. 10,000 from the complainant as an inducement to release the complainant’s relative who was held in the Police Station. The suspect also received a benefit of Kshs. 10,000 from the complainant. He was arrested and arraigned before the Mombasa Anti- Formatted: Indent: Left: 0 cm, First line: 0.42 cm, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 0.63 cm + Indent at: 1.27 cm 13th February, 2015 THE KENYA GAZETTE 289 Corruption Court and charged with the offences of corruptly soliciting No. of files recommended for prosecution and the cases 11 for and receiving a benefit contrary to section 39 (3 ) (a) of the Anti- are already lodged before Court Corruption and Economic Crimes Act, 2003. No. of files where recommendation to prosecute accepted 1 A report was compiled and forwarded to the Director of Public No. of files where recommendation for administrative or 0 4 i : other action accepted Prosecutions on 9th October, 2014 with recommendations that the case - : 5 - : No. of files where recommendation for closure accepted 0 against the suspect proceed to its logical conclusion. - —— No. of files returned for further investigations 5 On 10th December, 2014, the DPP accepted the recommendation No. of files where recommendation to prosecute not 0 for prosecution. accepted No. of fil h dation for administrati 0 STATISTICAL SUMMARY OF FILES FORWARDED TO chepactionnetawented THE DIRECTOR OF PUBLIC PROSECUTIONS P No. of files where closure not accepted 0 Total No. of files forwarded to the Director of Public 16 No. of files awaiting Director of Public Prosecution’s 0 Prosecutions action No. of files recommended for prosecution 16 Dated the Sth Febi 2015. No. of files recommended for administrative or other 0 areca’ eoruarys action HALAKHE D. WAQO, No. of files recommended for closure 0 Secretary/Chief Executive Officer. GAZETTE NOTICE NO