Thread by @ODPP_KE

1)DPP’S PRESS STATEMENT ON INVESTIGATIONS INTO KPLC TENDERS FOR SUPPLY OF TRANSFORMERS, LABOUR AND TRANSPORT CONTRACTS cc @DCI_Kenya #KPLC #BreakingNewsODPP

2)KPLC as an institution has been and still is under active investigations by the DCI over a number of issues raised by the public recently. cc @DCI_Kenya #KPLC #BreakingNewsODPP

3)I have received 2 files from the DCI touching on the tenders for supply of transformers and contracts for supply of labor and transport services. cc @DCI_Kenya #KPLC #BreakingNewsODPP

4)Upon review of the 2 files, it has emerged that the KPLC management has been in cahoots with private individuals and companies engaging in criminal activities requiring decisive and robust action. cc @DCI_Kenya #KPLC #BreakingNewsODPP

5)Whereas it is regrettable the decision to charge herein will affect most of the KPLC top management this action is, however necessary and in the public interest in order to combat and deter corrupt activities within the organization. cc @DCI_Kenya #KPLC #BreakingNewsODPP

6)I have noted the emerging trend of corruption as an interwoven scheme involving persons employed by the organization concerned, family members and friends. cc @DCI_Kenya #KPLC #BreakingNewsODPP

7)It is also clear most of the firms involved in such schemes are shadowy and incapable of delivering quality service for the works assigned to them. cc @DCI_Kenya #KPLC #BreakingNewsODPP

8)No doubt weeding out corruption from our public entities will guarantee Kenyans improved service delivery and enhance protection of public property. cc @DCI_Kenya #KPLC #BreakingNewsODPP

9)TENDER FOR THE SUPPLY OF TRANSFORMERS BY MUWA TRADING COMPANY LIMITED cc @DCI_Kenya #KPLC #BreakingNewsODPP

10)The DCI received complaints regarding substandard and faulty transformers lying at the KPLC depot (Nairobi South Main Store – Donholm) and initiated investigations into the matter. cc @DCI_Kenya #KPLC #BreakingNewsODPP

11)Upon investigations, it was established Tender No. KPI/9AA-2/PT/09/11-12 involving seven (7) Suppliers were to supply KPLC with transformers for a cumulative sum USD 45,866,100.21 (Appr Kshs. 4,586,610,021 at the current exchange rate). cc @DCI_Kenya #KPLC #BreakingNewsODP

12)In regard to Muwa Trading Company Limited, contract was entered into on the 3rd August, 2012 for a contractual sum of USD 4,081,920.29 (Approximately Kshs. 408,192,029 at the current exchange rate). cc @DCI_Kenya #KPLC #BreakingNewsODPP

13)Company embarked on procurement & deliveries of transformers & in the course of the transactions issues arose about the massive failure rate of the transformers supplied by the company and also delays in the delivery of the transformers. cc @DCI_Kenya #KPLC #BreakingNewsODPP

14)KPLC on its own motion terminated the contract giving rise to a civil suit for breach of contract. cc @DCI_Kenya #KPLC #BreakingNewsODPP

15)Investigations have revealed KPLC had cancelled the contract allegedly on account of poor quality transformers but despite this clear position on the part of KPLC, cc @DCI_Kenya #KPLC #BreakingNewsODPP

16)the suit was compromised at the appellate stage in that a consent was recorded by the parties “marking the mater as settled”. cc @DCI_Kenya #KPLC #BreakingNewsODPP

17)Notably the details of the deed of settlement which had been negotiated between KPLC and Muwa Trading Co. Limited were not spelt out in the recording of the consent thereby keeping the court in the dark as to the term of the consent. cc @DCI_Kenya #KPLC #BreakingNewsODPP

18)I make mention of the consent deliberately since it would appear the parties carefully avoided expressly stating the terms to the court and in doing so they were actuated by bad faith cc @DCI_Kenya #KPLC #BreakingNewsODPP

19)considering this being a matter of public interest they chose to keep the terms under wraps knowing too well the public was entitled to a full disclosure to such terms. cc @DCI_Kenya #KPLC #BreakingNewsODPP

20)I appeal to the Honorable Chief Justice and the entire Judiciary in matters concerning public funds and contracts to insist on full terms consent being recorded cc @DCI_Kenya #KPLC #BreakingNewsODPP

21)and filled with the court as part of holding persons charged with the management of public entities to account and promoting accountability in the management of public affairs. cc @DCI_Kenya #KPLC #BreakingNewsODPP

22)To ensure that this happens the rules committee of the court should consider appropriate amendments to the Civil Procedure Code. cc @DCI_Kenya #KPLC #BreakingNewsODPP

23)As a result, the Kenyan tax payer lost a total of USD 3,101,297.43 (Approximately Kshs. 310,129,743 at the current exchange rate) cc @DCI_Kenya #KPLC #BreakingNewsODPP

24)and were it not for the intervention by the investigators payments would have continued unabated for the entire contractual sum of USD 4,081, 920.29 (Approximately Kshs. 408,192,029 at the current exchange rate). cc @DCI_Kenya #KPLC #BreakingNewsODPP

25)Goods were accepted without inspection upon waiver which was issued because KPLC felt that it was too costly to have engineers travel to the factory to inspect the transformers. No inspection was undertaken upon receiving goods in Kenya. cc @DCI_Kenya #KPLC #BreakingNewsODPP

26)Sadly, acceptance of transformers by KPLC was done in complete violation of procurement procedures& guidelines &waivers were granted in the most unusual manner thus allowing KPLC to expend public funds on goods not of merchantable quality cc @DCI_Kenya #KPLC #BreakingNewsODPP

27)I have directed the DCI to immediately cause the arrest of the following persons and have them arraigned in court to answer charges as set out below: cc @DCI_Kenya #KPLC #BreakingNewsODPP

28) KPLC OFFICERS
1.Dr. Ben Chumo – Former MD & CEO KPLC
2.Dr. Ken Tarus – GM, Finance (as he then was)
3.Beatrice Meso – GM, Corporate Affairs & Company Secretary
4.Peter Mungai Kinuthia- GM, Business Strategy

@DCI_Kenya #KPLC #BreakingNewsODPP

29)
5.Joshua Mutua- GM, Commercial Services
6.Abubakar Swaleh – GM, Human Resource & Administration
7.Samuel Ndirangu – GM, Information Communications Technology
8.Stanley Mutwiri – GM, Infrastructure Development

@DCI_Kenya #KPLC #BreakingNewsODPP

30)
9.Benson Muriithi – GM, Network Management
10.Peter Mwicigi – GM, Regional Co-Ordination
11.John Ombui – GM, Supply Chain

@DCI_Kenya #KPLC #BreakingNewsODPP

31) The above named officers will be charged with the following offences:-
a.Conspiracy to commit an offence of economic crime contrary to Section 47 A(3) as read with section 48 of the Anti-Corruption and Economics Crimes Act 2003
@DCI_Kenya #KPLC #BreakingNewsODPP

32)Aiding the Commission of a felony contrary to Section 128A (a ) of the Penal Code @DCI_Kenya #KPLC #BreakingNewsODPP

33)Abuse of Office contrary to Section 46 as read with Section 48 (1) of the Anti-Corruption and Economic Crimes Act @DCI_Kenya #KPLC #BreakingNewsODPP

34)Wilful failure to comply with the Law relating to Procurement contrary to Section 45(2)(b) as read with section 48 of the Anti-Corruption and Economic Crimes Act 2003 @DCI_Kenya #KPLC #BreakingNewsODPP

35)Conspiracy to defeat justice Contrary to section 117(a) of the Penal Code @DCI_Kenya #KPLC #BreakingNewsODPP

36)MUWA TRADING CO. LTD.
1.James Njenga Mungai – Director, Muwa Trading Co. Ltd
2.Grace Wanjira Mungai – Director, Muwa Trading Co. Ltd
3.John Anthony Mungai – Director, Muwa Trading Co. Ltd
4.M/s Muwa Trading Co. Ltd

@DCI_Kenya #KPLC #BreakingNewsODPP

37)Conspiracy to defraud contrary to Section 317 of the Penal Code @DCI_Kenya #KPLC #BreakingNewsODPP

38)Conspiracy to commit an offence of economic crime contrary to Section 47 A(3) as read with section 48 of the Anti-Corruption and Economics Crimes Act 2003 @DCI_Kenya #KPLC #BreakingNewsODPP

39)Fraudulent Acquisition of public property contrary to Section 45(1)(a) as read with Section 48 of the Anti-Corruption and Economic Crimes Act @DCI_Kenya #KPLC #BreakingNewsODPP

40)LABOUR AND TRANSPORT CONTRACTS The investigations conducted in this matter have revealed the following: @DCI_Kenya #KPLC #BreakingNewsODPP

41)The tender for supply of labor and transport was floated in the year 2017 and the contracts awarded to various companies. @DCI_Kenya #KPLC #BreakingNewsODPP

42)The tendering process was riddled with irregularities of the 525 companies prequalified it was established the numerous companies could not pass the test of prequalification for failure to meet the basic prequalification criteria. @DCI_Kenya #KPLC #BreakingNewsODPP

43)Further, the allocation of contracts for works was shrouded in mysteries since a select group of companies / firms were found to have been assigned projects severally without a clear indication as to the criteria used to allocate the works. @DCI_Kenya #KPLC #BreakingNewsODPP

44)That most of the companies used fake documents to wit:-CR12, National Construction Authority Certificates and Energy Regulatory Certificates (ERC) certificates to apply for the tenders. @DCI_Kenya #KPLC #BreakingNewsODPP

45)It has also emerged that 39 of the companies had not been registered at the time of application and prequalification. @DCI_Kenya #KPLC #BreakingNewsODPP

46)Contractual amount under investigations amounts to KShs. 255,000,000 The payments made so far to contractors amount to KShs. 160,000,000 Million & the pending payments are KShs.95 Million shillings despite the obvious irregularities noted. @DCI_Kenya #KPLC #BreakingNewsODPP

47)Upon review of the file, I have established criminal culpability against KPLC management, employees, the directors of the firms, and the companies or entities involved. @DCI_Kenya #KPLC #BreakingNewsODPP

48)I am therefore satisfied there is a prosecutable case made out against each and every one of the following persons jointly/severally: @DCI_Kenya #KPLC #BreakingNewsODPP

49)CATEGORY A: KPLC TOP MANAGEMENT
1.Dr. Ken Tarus – Managing Director & CEO KPLC
2.Harun Karisa – Acting General Manager, Finance
3.Eng. Daniel Tare – General Manager, Network Management
4.Eng. Noah Ogano Omondi – Manager, Network Management
@DCI_Kenya #KPLC #BreakingNewsODPP

50)
5.Eng. Daniel Ochieng Muga – Acting General Manager Supply Chain
6.Eng. John Mwaura Njehia – Manager, Labour and Transport Projects

@DCI_Kenya #KPLC #BreakingNewsODPP

51)
7.James Muriuki – Chief Accountant
8.Bernard Githui Muturi – Tender Opening Committee
9.Ass. Eng. Evelyne Pauline Amondi - Tender Opening Committee

@DCI_Kenya #KPLC #BreakingNewsODPP

52)
1.The suspects will be charged with several offences which include:
•Abuse of office
•Wilful failure to comply with the law relating to procurement
@DCI_Kenya #KPLC #BreakingNewsODPP

53)
•Conspiracy to commit an offence of economic crime
•Wilful failure to comply with the law relating to management of public funds
@DCI_Kenya #KPLC #BreakingNewsODPP

54)CATEGORY B: DIRECTORS OF FIRMS AND COMPANIES IRREGULARLY AWARDED TENDERS
1.Catherine Wamarwa Mwangi – Director, Millers Enterprises
2.Catherine Wanjiku Njuguna - Director, Millers Enterprises

@DCI_Kenya #KPLC #BreakingNewsODPP

55)
3.Christine Nyawara - Director, Millers Enterprises
4.Edwin Macharia Ngamini - Director, Millers Enterprises
5.Millers Enterprises
6.Catherine Wambui – Director, Kazimix Enterprises

@DCI_Kenya #KPLC #BreakingNewsODPP

56)
7.Jackliine Mbaria - Director, Kazimix Enterprises
8.John Waweru Kangethe - Director, Kazimix Enterprises
9.Kazimix Enterprises
10.Susan Wanjiru Kamau – Director, Petsus Investments Limted

@DCI_Kenya #KPLC #BreakingNewsODPP

57)
11.Linet Njeri Ndama - Director, Petsus Investments Limted
12.Petsus Investments Limted
13.Jason Morara Kiriri – Director, Jake Building and Construction Limited

@DCI_Kenya #KPLC #BreakingNewsODPP

58)
14.Jeremiah Onduko - Director, Jake Building and Construction Limited
15.Jane Wanjiku Kingori - Director, Jake Building and Construction Limited
16.James Ongechi Kirere - Director, Jake Building and Construction Limited

@DCI_Kenya #KPLC #BreakingNewsODPP

59)
17.Jake Building and Construction Limited
18.Richard Muchimi Wairagu – Director, Thotec Agencies
19.Elizabeth Wambui Michure - Director, Thotec Agencies
20.Thotec Agencies
21.Stephen Njoroge Maina – Director, Wachema Investment Limited

@DCI_Kenya #KPLC #BreakingNewsODPP

60)
22.Alice Wanjiku Chege - Director, Wachema Investment Limited
23.Raphael Mathiri Wanjiku - Director, Wachema Investment Limited
24.Wachema Investment Limited
25.Hillary Njaramba – Director, Touchline Electrical Limited

@DCI_Kenya #KPLC #BreakingNewsODPP

61)
26.Esther Nyambura - Director, Touchline Electrical Limited
27.Touchline Electrical Limited
28.Petty Wanjiku Kigwe – Director, Mint Ventures Limited
29.Francis Thuku Chege - Director, Mint Ventures Limited

@DCI_Kenya #KPLC #BreakingNewsODPP

62)
30.Mint Ventures Limited
31.Samuel Gichina Njogu – Director, Appenco Holding Limited
32.Charles Muthui Mathenge - Director, Appenco Holding Limited
33.Appenco Holding Limited

@DCI_Kenya #KPLC #BreakingNewsODPP

63)
The above suspects will be charged with the offence of fraudulent acquisition of public property.

@DCI_Kenya #KPLC #BreakingNewsODPP

64)Having reviewed the evidence so far gathered and the documentary exhibits in support thereof, I have directed the DCI to immediately cause the arrest of the persons named and have them arraigned in court.

@DCI_Kenya #KPLC #BreakingNewsODPP