This archive report was first published on 24 November 2019.
On October 14, the Ethics and Anti-Corruption Commission (EACC) tabled a report in Parliament detailing the status of cases investigated between April 1 and June 30. The report revealed widespread corruption among senior employees of parastatals and government agencies, with millions of shillings embezzled.
According to the report, dated October 14, 2019, EACC forwarded 28 files to the Director of Public Prosecution (DPP) recommending prosecution. However, only one case has been lodged in court so far, while seven other cases are awaiting prosecution and six have been returned for further investigation.
One of the most significant cases involves former National Land Commission Chairman Muhammad Swazuri and other officials, who are recommended for prosecution along with partners of a law firm. The allegations stem from irregular compensation of land, where the suspects allegedly pocketed Sh54.5 million. The EACC report reveals that the land acquisition and compensation committee approved the payment schedule, which included splitting the payment between the land owners and the law firm's bank account.
“The money from the bank account of the law firm was disbursed to several beneficiaries who included public officers employed at NLC and their relatives,” the EACC report states, recommending that the named persons be charged with conspiracy to commit an economic crime and abuse of office.
Another case involves the Kenya Ports Authority's general manager, finance, and accountant, as well as the directors of Nyali Capital Limited, who are recommended for prosecution over irregular transactions amounting to Sh214,548,340.80. The investigators found that the private company was associated with a senior manager at KPA and had made millions in unscrupulous deals.
According to the EACC, firms contracted to supply goods and works were being directed to seek financing from NLC to service the tenders at an interest of 10 per cent. Upon supply of the goods and services, KPA would deduct the principal amount plus the interest accrued and directly pay to NLC and the rest paid to the contracted firm.
