EACC seeks to recover Ksh.233 million from Gov't officer earning Ksh.66K
The Ethics and Anti-Corruption Commission (EACC) has moved
to court seeking to recover Ksh.233 million believed to have been fraudulently
acquired by a procurement officer at the Ministry of Transport and
Infrastructure.
According to EACC documents, David Kinyae Isika accumulated
the said funds while holding the position of Senior Supply Management Assistant
1, at the Nairobi Metropolitan Development between January 2014 and June 2021.
During the period under review which translates to 90
months, Kinyae earned a net salary of Ksh.5,950,783 which translates to a net
monthly pay of Ksh.66,000.
He is believed to have accumulated the funds through the fraudulent allocation of government tenders to companies associated with him
directly or through members close to him contrary to the provisions of the law.
“Between January 2014 and June 2021, while working as a
Senior Supply Chain Management Assistant 1, at the Nairobi Metropolitan
Development within the Ministry of Lands, Housing & Urban Development and
currently Senior Deputy Director, Kinyae abused his position of trust by participating
in the award of tenders to companies associated with him,” read the statement
by EACC.
“Being a public officer, Kinyae knowingly held a private
interest in the transactions by companies with the ministries he worked with
which private interest was in conflict with his public office.”
EACC investigations revealed that Kinyae awarded tenders to
three companies namely; M/s Davinka Suppliers & General Merchants Ltd, M/s
Wanga-Tech General Enterprises Limited and Bruce Isika Kinyae t/a Brycen Smart
Innovations, owned by himself, his wife and son respectively.
“Records obtained from Registrar of Companies show that
during the period under investigations, David Kinyae was a director of M/s
Davinka Suppliers & General Merchants Limited while his wife Eunice Wangari
and his son Bruce Isika Kinyae were the directors of M/s Wanga- Tech General
Enterprises Limited and Brycen Smart Innovations respectively,” EACC noted.
In the said period, public funds were distributed with
Davinka getting Ksh.102,175,003, his wife’s M/s Wanga ltd. securing Ksh.75,877,074
while his son's company got Ksh.55,434,690, all amounting to the Ksh.233
million in question.
The Anti-corruption agency now wants the court to seize the
amount owing to the fact that Kinyae wilfully failed to comply with laws
relating to the procurement process by not declaring a conflict of interest in
his dubious deals.
"Kinyae was the ultimate beneficial owner of the
companies as he exercised substantial controlling interest over their financial
activities. Consequently, the payments received by the companies from the
tenders constitute proceeds of corruption and/or economic crime," stated
the EACC.
“He abused his office by signing and issuing requisition,
LPOs, receiving goods in the store and signing S13, issuing professional
opinions, participating in Inspection and Acceptance Committees, thus involving
himself in the tendering process of the Companies associated with him.”
The commission similarly accuses Kinyae of forgery of
Inspection and Acceptance reports by superimposing signatures of other members
of the Committee after failing to convey the required committees.
“David Kinyae is the beneficial owner of M/s Davinka Suppliers & General Merchants Ltd and he attempted to disguise his ownership by transferring his shares/directorship as well as signing mandates, ” EACC wrote.
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