Embakasi North MP James Gakuya

Inquiry into Allegations of Procurement Irregularies at the Embakasi North Constituency Amounting to KSh51,351,357

The Ethics and Anti-Corruption Commission (EACC) commenced investigation after receiving a report on 21st August, 2021 on allegations of procurement irregularities and embezzlement of public funds amounting to KSh51,351,357 at the Embakasi North Constituency.

It was further alleged that the Member of Parliament for Embakasi North Constituency, James Gakuya, used his office to award tenders to his children and close associates. The tenders were allegedly for construction of classrooms, event hosting and roadworks within Embakasi North Constituency.

Allegation: MP’s daughter linked to four companies

Investigations established that the constituency awarded various tenders to four companies associated with the daughter of the Member of Parliament for the constituency.

Financial investigations revealed that several payments were made to the companies for various projects allegedly undertaken with the Embakasi Constituency.

Allegation: MP received Ksh10 million

Investigations revealed that the Member of Parliament received a total of KSh10,482,298 either directly or indirectly from the companies associated with the daughter and other close associates.

The MP is a signatory to bank account in one of the companies namely Ndakaini Hardware and Property Agencies.

Charges recommended to DPP

On 12th October, 2023 a report was compiled and forwarded to the DPP with recommendations to charge the Member of Parliament, the Fund Account Manager and directors of the four companies namely Ndakaini Enterprises Limited, Allica Investment Limited, Pride Wind Africa Limited and Ndakaini Hardware with the following offences;

(a) Two counts of conflict of interest contrary to section 42 (3) as read with section 48 of the Anti-Corruption and Economic Crimes Act, 2003;

(b) Five counts of unlawful acquisition of public property contrary to section 45 (1) (a) as read with section 48 (1) of the Anti-Corruption and Economic Crimes Act, 2003;

(c) One count of abuse of office contrary to section 46 as read with section 48 (1) of Anti-Corruption and Economic Crimes Act, No. 3 of 2003;

On 6th December, 2023, the DPP returned the inquiry file with recommendations for further investigations.

Primary source: Kenya Gazette