The Ethics and Anti-Corruption Commission (EACC) has released a report highlighting some of the key corruption cases in the country.

In a statement the Commission noted it had received a report alleging procurement irregularities in tender No. MOH/CHERP/003/2021-2022 for supply, delivery, installation testing, training and commissioning of a Medical Oxygen Generating Plant at Kenyatta National Hospital (KNH) awarded to M/s Biomax Africa Ltd. at Ksh 443,659,400/= by the Ministry of Health, State Department for Medical Services during the FY 2021/2022.  

Investigation established that the Tender Evaluation Committee failed in carrying out its duty of care by not conducting due diligence on the bid documents before awarding the tender to Biomax Africa Ltd. 

Investigation revealed that the Principal Secretary (PS), Ministry of Health and the Evaluation Committee failed to ensure that the procurement process conformed to the law before awarding the contract. 

Biomax Africa also failed to deliver a functional oxygen plant at KNH yet it had received a payment of Kshs. 290,704,072/=, hence fraudulent practice by the said company.

Another case involves a report on allegations of abuse of office and embezzlement of public funds by officials of the Nakuru Water & Sanitation Company  Limited (NAWASSCO) through irregular payments amounting to Ksh 314,918,919/= during the FY 2018/2019 and FY 2023/2023. 

Investigations established that the Managing Director, the Commercial Manager, the Financial Manager and the Cost & Management Accountant conspired to commit an offence of corruption namely abuse of office by preparing, approving and authorizing transactions amounting to Kshs. 314,918.919 in favour of the Cost & Management Accountant for goods not delivered and services not rendered.

In addition EACC received a report on allegations of conflict of interest against the Governor, Marsabit County in the award of tenders valued at Ksh 728,842,489/= by Marsabit County Government to Blue Nile E. A Ltd, Midrock Water Drilling Co. Ltd and M/S Al Imran Investment Limited, during the Financial Years 2017/2018 to 2023/2024. 

Investigations established that Blue Nile E. A Ltd, Midrock Water Drilling Co. Ltd, M/S Al Imran Investment, M/S Damme Investment Construction Limited and M/s Burga Ventures Ltd supplied goods and offered services between the year 2023 and 2025.

Investigations also established that the spouse of the Governor is the Director of M/s Burga Venture Ltd whereas the Directors of M/s. Damme Investment Construction Company Ltd and M/s Ororo Company Ltd are employees of the Marsabit County Government. 

The Commission received a complaint on allegation of embezzlement of public funds by the County Government of Garissa through payment of Kshs. 94,400,000/= for the provision of ambulance service by Emergency Plus Medical Services between 4th May 2023 and 9th June 2023. 

It was further alleged that Emergency Plus Medical Services were handpicked and no procurement procedure was followed.

According to the report, there was gross financial malfeasance, conflict of interest and embezzlement of funds by Garissa County officials relating to several companies. However, this inquiry focused on one company, namely Qorjarey Enterprise and General Supplies Limited. 

Investigations revealed that there was neither budget nor procurement plan for all the items purported to have been procured and paid for during the Financial Year 2021/2022.

In Garissa County, the Commission received a report on allegations, that the County Government of Garissa made irregular payments of Ksh253 million to three companies namely; Sky Resource International Limited, Tackticks Business Solutions and Eastes Business Solutions associated with officials of Garissa County Government between February 2022 and August 2022. 

Investigation established that Sky Resource International Limited, Tackticks Business Solutions and Eastes Business Solutions were not prequalified in any category of supplies in the prequalification list for Financial Years 2020/2021– 2021/2022 for the County Government of Garissa. 

In a similar case, EACC received a report that there were procurement irregularities in the disposal of non-conforming maize seeds by the Kenya Seed Co. Ltd (KSC) in the tender number KSC/RT/DSM/02/2022/23 with a value of Ksh 198,162,065/=.

It was further alleged that the Managing Director KSC disregarded the opinion of the Disposal Committee on setting a reserve price of Ksh 4,800 per 90 kg bag and instead sought the advice of National Cereals and Produce Board (NCPB) which gave a reserve of Ksh 4,000 per 90 kg bag.

In Meru County, the anti-graft agency received a report on suspected abuse of office, conflict of interest and procurement fraud against a nominated member of the Meru County Assembly (MCA). 

It was alleged  that she was a Director and a bank account signatory of Kadesh Limited, a company that traded with Meru County  Government between 6th July 2018 and 2nd May 2023. 

It was further alleged that the said Company received a total of Ksh 32,853,630 15 from Meru County Government between 8th May 2018 and 8th February 2023.

In addition, it was alleged that her salary remittances to her bank account were unusually high during the same period and that on various dates, she had received Ksh 2,000,000/= and Ks. 6,900,000/= narrated as salary.

EACC also received information that the Governor of Trans-Nzoia County was involved in conflict of interest by receiving money from entities that had traded with the County Government of Trans-Nzoia. 

It was further alleged that the Governor abused his position by receiving kickbacks from various contractors engaged by the Trans-Nzoia County Government. The said kick backs were  allegedly channelled through the Chief Officer, Finance. 

Investigations established that Maira Stores, Lyma Agro Science Limited and Easterly Winds Limited, supplied goods and offered services between the year 2023 and 2025. Investigations further revealed that Chief Officer Finance would receive money from the proprietor of Lyma Agroscience Ltd and Maira Stores, and would subsequently send the money to the Governor. 

Elsewhere in Kilifi County, EACC received a report on allegations that a proprietor of a private school  namely  Mary’s Junior School in Malindi Sub-County, was buying textbooks meant for the free primary education. 

Investigations established that the suspect was in possession of ninety nine(99) books which the Commission’s officers seized from his residence and school premises. 

The Head teachers of two public schools namely Amkeni Primary School and Burangi Primary School confirmed that the books belonged to their schools, but they went missing before distribution to the students