EACC hits 38 counties in mega tender probe

EACC chairman David Oginde/FILE

The theft of public resources has intensified in the counties, with at least 38 devolved units currently under the radar of the Ethics and Anti-Corruption Commission.

A dossier by the agency shows that completed, active or preliminary probes are ongoing in nearly all the counties over suspected theft of millions of shillings.

In some cases, suspects have already been charged in court with various corruption-related offences, while in others the EACC has sought legal advice from the Attorney General before proceeding.

In other counties, investigations are still pending due to a shortage of investigators against the huge backlog of cases.

The revelations underscore the scale of graft in devolved units tasked with implementing development projects and delivering essential services to wananchi.

The EACC has trained its guns on Nyamira, Busia, Isiolo, Bungoma, Embu, Garissa, Kakamega, Kisumu, Kwale, Laikipia, Lamu, Makueni, Meru, Mombasa and Nairobi.

Others are Nyandarua, Nyeri, Kericho, Marsabit, Kiambu, Trans Nzoia, Bomet, Samburu, Tharaka Nithi, Taita Taveta, Uasin Gishu, Vihiga, Kitui, Mandera, Kisii, Kilifi, Tana River, Siaya and Nandi.

The commission tabled the status report on the graft investigations in the county executives and assemblies before the Senate County Public Accounts Committee on Wednesday.

EACC chairman David Oginde and CEO Abdi Mohamud presented the report before the panel.

“There is rampant corruption in nearly all the counties, and this is a concern to us. There is no way you can spend money and fail to prove how you spent it,” CPAC vice chairperson Johnes Mwaruma said.

Nyamira Senator Okong’o Omogeni said, “We are worried that we have devolved corruption instead of services. The money we are sending to counties is ending up in the pockets of a few people.”

  “It seems like it has become a normal way of life, where you send money to counties and only a few people benefit. It is a big concern, and something needs to be done.”

The investigations were triggered by the EACC’s own motion, referrals from the Senate oversight committees and reports of the Auditor General.

“In addition to the matters referred by the Senate to EACC, the commission has initiated investigations on numerous matters affecting the counties, which are at different stages," Oginde said.

The EACC has completed investigations involving millions of shillings in the six counties of Bungoma, Bomet, Garissa, Kiambu and Marsabit.

In Bungoma, former Governor Wycliffe Wangamati has been charged in court following the completion of investigations.

In this case, the EACC investigated alleged embezzlement of Sh70.2 million through fraudulent award of tenders to companies associated with the family of a former top county official in the previous administration.

This happened between 2018-19 and 2021-22 financial years.

In Bomet, Governor Hillary Barchok was recently arraigned over alleged graft.

In the case, a senior county official allegedly received Sh2.83 million from directors of six companies that traded with the county and received a sum of Sh151.22 million between 2019-20 and 2024-25 financial years.

The EACC has completed an inquiry into alleged fraudulent payments of Sh270 million by the officials of the Garissa county government to three companies between July 2021 and August 2022.

The file has been forwarded to the Office of the Director of Public Prosecutions for action.

In Trans Nzoia, accused persons in alleged procurement irregularities, irregular payments, conflict of interest and unlawful acquisition of public property have been arraigned.

In Kiambu, the commission has launched further investigations into allegations of conflict of interest and unlawful acquisition of public property through the influence of the award of tenders amounting to Sh1.27 billion by a top county official.

The EACC has also launched further investigations into the allegations of conflict of interest in the award of tenders valued at Sh728.84 million in Marsabit county.

The commission is probing the alleged embezzlement of funds in the procurement of a revenue automation system for Sh39.5 million.

“The supplier allegedly supplied 277 revenue gadgets; however, 144 were not functional. The contract was irregularly extended for six more months, costing the county an extra Sh7 million,” the report states.

The commission is also investigating alleged misappropriation of pension remittances amounting to Sh150 million by senior county officials.

Investigations involving Sh491 million are underway in Kericho county.

The funds were allegedly embezzled through contracts awarded to companies associated with county officials in the 2023-2024 and 2024-25 financial years.

The second case involves alleged embezzlement of Sh164.4 million in the irregular award of a tender for the construction of the Kericho Modern Market project during the 2023-24 and 2024-25 financial years.

The commission is also probing allegations of fraudulent payments of fictitious pending bills amounting to Sh27 million in 2023-24.

In Busia, the commission is investigating six county officials whose companies allegedly traded with the county government and earned Sh1.4 billion in 2023-24 and 2024-25 financial years.

In Bungoma, the EACC is investigating procurement irregularities in the construction and completion of Masinde Muliro Stadium. The county officials allegedly overpaid the contractor.

In addition, the commission is probing procurement irregularities in the award of a Sh1.57 billion tender for the construction of Kanduyi Sang’alo dual carriageway.

In Embu, the commission has initiated preliminary investigations into 717 transactions with a value of Sh324.52 million allegedly diverted during the 2023-24 fiscal year without explanations.

Preliminary investigations have also been launched in Garissa, where some 17 projects valued at Sh504.29 million have stalled.

In Kakamega, investigations into the alleged irregular increase of contract price on the addendum to a fertiliser contract from Sh582.96 million to Sh661.08 million are pending.

“There is no evidence provided to show that a report on the variation was submitted to the authority as required by Section 139(5) of the Public Procurement and Asset Disposal Act, 2015,” the report states.

The commission is also investigating an alleged procurement irregularity in the proposed construction of a milk processing plant in Malava subcounty.

A probe is also underway into the procurement irregularity in the award of tender for the construction of Navakholo-Chebuyus road and Butali-Malekha road at a contract sum of Sh448.49 million and Sh257.86 million, respectively.

In Kisumu, the commission is set to launch an investigation into alleged procurement irregularities in 2023-2024 amounting to Sh2.69 million made for the provision of documentary services for the state of county address by the Governor.

In addition, an investigation is pending into Sh2.99 million for the provision of catering services during the World Food Day and World Rabies Day, Sh2.99 million for inspectorate uniforms and Sh2.30 million for office stationery supplies whose deliveries were made beyond 30 days after issuance of LSO.

In Makueni, Kwale, Wajir, Lamu and other counties, the commission has written to the Attorney General seeking her opinion on the irregular payment of millions of shillings to the Council of Governors and regional blocs.

In Laikipia, the commission is set to launch investigations into allegations that there were irregularities in the tender for the supply of equipment to Nyahururu Level 4 Hospital.

The contract involved the delivery of dialysis equipment for Sh96.29 million spent for the supply of 10 dialysis beds, 10 dialysis machines, and one water treatment plant. Two beds were faulty.

Investigations are pending into allegations of irregular procurement of fuel, oil and lubricant totalling Sh81.59 million by the various departments of the county.

“The payments were made to only two companies of the 39 pre-qualified suppliers under the category, contrary to Regulation 91 (5) of the Public Procurement and Asset Disposal Act,” the report states.

INSTANT ANALYSIS

Corruption has emerged as a significant problem involving bribery, nepotism, patronage, and embezzlement of public resources, according to the Ethics and Anti-Corruption Commission and other reports. Recent surveys show high rates of bribery for services like bursary applications, land surveying, and county inspectorate services, particularly in certain counties and ministries. The EACC is actively working with county governments and the Council of Governors to implement anti-corruption prevention measures, conduct risk assessments, and support initiatives aimed at enhancing transparency and accountability.