The Ethics and Anti-Corruption Commission (EACC) Inquiry into Allegation of Procurement Irregularities in the Award of a contract for the Construction of Kwale County Headquarters to Green County Construction Company Limited in the Financial Year 2014/2015 amounting to KSh 462,197,054.88

Former MP and Former County Executive Committee Member Investigated

The EACC commenced investigation following a report relating to allegations of procurement irregularities amounting to KSh.462,I97,054.88 in the construction of Kwale County Headquarters in the Financial Year 2014/2015 after the tender was allegedly awarded to Green County Construction Company Limited, which is associated with a former Member of Parliament (MP) for Mandera South and a former County Executive Committee Member (CECM).

Investigations established that there existed an indirect private interest on the part of the Member of Parliament (MP) for Mandera South and the former County Executive Committee Member (CECM) in the payments made to Green County Construction Company Limited.

Green County Construction Company Limited a ‘Proxy’

It was established that Green County Construction Company Limited was a proxy through which the suspects indirectly and directly acquired public funds fraudulently and that there is sufficient evidence to infer that the suspects were the beneficiaries of the public funds paid to Green County Construction Company Limited.

Further investigations established that Green County Construction Company Limited submitted fake documents/certificates in support of their bid to Kwale County Government purporting that they were genuine and issued by various institutions.

EACC Recommend Charges

On 30th August, 2022, a report was compiled and forwarded to the DPP with recommendations to charge jointly or severally the former MP for Mandera South and the former CECM at Kwale County, the Director of Green County Construction Company Limited, County Engineer and a Statistician in the Ministry of Finance, Planning Department at Kwale County Government and members of the Technical Evaluation Committee be charged with the following offences:

Conflict of interest contrary to section 42(3);

Fraudulent acquisition of public property contrary to section 45(1);

A wilful failure to comply with the law relating to procurement contrary to section 45 (2) (b) as read with section 48 (1) of the Anti-Corruption and Economic Crimes Act, 2003;

Uttering false documents contrary to section 353 of the Penal Code;

Fraudulent practice in procurement proceedings contrary to section 41 as read with section 137 of the Public Procurement and Disposal Act, 2005.

On 28th October, 2022, the DPP returned the inquiry file for further investigations.