EACC freezes Ksh.28M belonging to KNH CEO Evanson Kamuri in Ksh.634M graft probe

Kenyatta National Hospital CEO Evanson Kamuri during a past address. PHOTO | COURTESY
The Ethics and
Anti-Corruption Commission (EACC) has obtained court orders freezing funds
belonging to the Kenyatta National Hospital (KNH) CEO Dr. Evanson Njoroge
Kamuri, who is under investigation over a Ksh.634.5 million corruption scandal
at the medical facility.
EACC obtained
court orders granting it permission to freeze Ksh.28 million held in two
Housing Finance (HF) accounts, that the KNH boss is suspected to have corruptly
acquired from the hospital.
In an affidavit
filed at the Milimani Law Courts, EACC wanted to examine and obtain copies of
various documents in regards to the accounts.
These include account
opening records, statements, cheques, deposit slips, bankers' books, payment
vouchers, or any other pertinent information from January 1, 2019 onwards.
The anti-graft
watchdog likewise made a formal request for electronic evidence to be
produced by Housing Finance in compliance with legal procedures and court
orders.
"The
petitioner (EACC) is asking the esteemed court to issue an order compelling the
CEO of Housing Finance to appoint an authorized representative who will be responsible
for providing a certificate confirming the production of electronic evidence,
as required by Section 106B(4) of the Evidence Act," court document read
in part.
"The evidence
in question consists of certified copies generated electronically or from
electronic devices. This certificate of production is to be provided to the
petitioner's investigator, Paul Mugwe, or any other investigator duly appointed
by the petitioner. The petitioner stresses that this evidence must be provided
in compliance with the court's orders."
The EACC had
requested the court to freeze Ksh.10 million held in one account and Ksh.18
million held in another account both under Housing Finance for a duration of 21
days while additional investigations are conducted.
The court ruled
that preliminary investigations by EACC had found Kamuri, in his role as KNH CEO,
guilty of abuse of office, conflict of interest, and procurement
irregularities.
The offenses were
related to the awarding of a tender for the supply, delivery, installation,
testing, and commissioning of a medical oxygen generating plant at KNH to
Biomax Africa Ltd, as well as another tender for the supply, delivery,
installation, testing, commissioning, and support of the Enterprise Resource
Planning (ERP) System and its supporting hardware and software components.
"Investigations
are still ongoing and it is necessary that the Commission investigates the
above stated bank accounts through which suspected proceeds of the transactions
may have been channeled through," added court document.
"The order
sought herein to freeze Ksh.10 million in bank account no 9783822870-0 and
Ksh.18 million in account no 0620223401-0 for a period of 21 days will aid in
the investigations and avert any and/or further dissipation of the monies which
will in turn frustrate and/or render the investigations futile to detriment of
the public."
The court further
ruled that; "For purposes of the ongoing investigations, it is necessary
for the said bank to confirm the account balances and to make accessible
certified copies of account opening documents, statements, cheques, deposit
slips, ATM and cash withdrawals, standing orders, direct debits, debit and
credit cards documents, cash deposit slips, bankers' books, mandate cards and
authorizations, payment vouchers or any other relevant information for the
period indicated above for the above identified account number."
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