Looming arrests in Busia over alleged Sh24.8 million dam graft

EACC headquarters /HANDOUT

A number of current and former officials in Busia county are staring at possible arrest over alleged corruption in a Sh24.8 million dam project.

The Ethics and Anti-Corruption Commission said investigations into anomalies in the construction of the Changara Water Pan are nearing completion and have revealed major irregularities.

Appearing before the Senate’s Lands, Environment and Natural Resources Committee, EACC director of investigations Pascal Mweu said the commission is finalising its probe.

“Investigation is a process. The commission has not vanished with all the documents. What is remaining in this case is valuation. Valuers are currently on site. In two weeks, we shall be able to send the file to ODPP,” he said.

Mweu, who presented the statement by EACC CEO Abdi Mohamud, said preliminary investigations have established failure by the county officials to comply with procurement laws.

The commission also established fraudulent payments as well as fraudulent acquisition of property among other offences.

According to the commission, the procurement for the World Bank-funded project was flawed due to a systematic disregard of the procurement and other related laws.

For instance, the probe established that the tender for the construction of the dam was opened, evaluated and a contract signed on the same day, contrary to the law.

Section 135 of the Public Procurement and Asset Disposal Act, CAP 412 A stipulates that contracts should be signed after the lapse of 14 days after the award of the tender.

In addition, the county used a request for quotation tendering method involving Sh24 million beyond the Sh2 million provided for in law.

Already, some Sh17.74 million has been paid to the contractor.

Appearing before the panel chaired by Mombasa Senator Mohamed Faki, moments after the EACC laid bare the rot in the project, Governor Paul Otuoma landed in trouble after senators disputed his responses.

Members of the committee, who recently visited the site, disputed the county’s claims that the project has been completed.

“I was there and I can say the project is not complete,” Murango said.

The governor also submitted that two irrigation systems have been installed, but the committee said the pipes have been vandalised and wondered how the same could channel water to the farms.

“If the pipes are vandalised, how is the water reaching the farmers. It's not possible,” Murango said.

The governor also found himself in the eye of the storm after he submitted that a door toilet has been built on the site.

The senators said they did not see any toilets during their visit.

“There were no toilets in that compound,” Murang’a Senator Joe Nyutu said.

Senator Okiya Omtatah’s county manager, who represented him during the meeting, said the toilet being referred to was one done on another piece of land.

The committee chairman directed the EACC, the county and the senator’s office to visit the site to verify whether a toilet has been constructed.

Further, the committee directed the governor to provide the tender documents, a copy of the contract, payment vouchers and a completion certificate issued by the contractor.