Day: June 14, 2024

Nine officials of the Vihiga County Government and three others have been charged at the Kakamega Ethics and Anti-Corruption Court over embezzlement of Sh17 million.

The officials, who were charged separately with 11 counts, are accused of failing to comply with the law during the construction of a blood transfusion centre at the Vihiga County Level Four hospital, which it is claimed was fraudulently awarded to Sava Construction Company.

Those charged were Dr. Arnold Kimiya Mamadi, Chief Officer, Health Services; Godfrey Oyaro, Director, Supply Chain Management; Eugene Wandera Wamalwa, Principal Quantity Surveyor, but who failed to appear in court; Wesley Ng’ang’a Asubwa, Architect; Sunday Undisa Mwangi; Vincent Juma Muyera; and Laura Naliaka Kisaka, officers from supply chain management.

Others are Dalton Benson Amokua, Eddy Mirera, Simon Kiama Maina, and Anastacia Njeri Kaguri.

The accused who appeared before Justice Joseph Ndururi were released on a Sh1 million bond each or Sh300,000 cash bail.

Dr. A
rnold Kimiya Mamadi, the Chief Officer, Health Services; Godfrey Oyaro, Director, Supply Chain Management; Wesley Ng’ang’a Asubwa (Architect); Sunday Undisa Mwangi; Vincent Juma Muyera; and Laura Naliaka Kisaka are charged with conspiracy to commit an economic crime contrary to Section 47(3) of the Anti-Corruption and Economic Crimes Act, No. 3 of 2003.

The officials, being a Chief Officer of Health Services, a Director Supply Chain Management, Supply Chain Management officers, a Quantity Surveyor, and an Architect, all public officers, are alleged to have conspired to commit an economic crime by willfully failing to comply with the applicable law relating to procurement.

They committed the offence during the award of tender No. VCG/HLT/702190/2018/2019 for the construction of a blood transfusion centre at the Vihiga County Level Four hospital to Sava Construction Limited.

Dr. Mamadi also separately faces two other counts of abuse of office contrary to Section 46 as read with Section 48 of the Anti-Corrupt
ion and Economic Crimes Act No. 3 of 2003 and failure to comply with the law relating to procurement contrary to Section 45(2)(c) as read with Section 48 of the Anti-Corruption and Economic Crimes Act No. 3 of 2003.

Particulars of the charge state that on March 6, 2019 at Vihiga County, being a person employed in the public service (Chief Officer Medical Services), he allegedly used his office to confer a benefit of 17,000,989 shillings to Sava Construction Limited by improperly awarding the company Tender No. VCG/HLT/702190/2018/2019 for the construction of a blood transfusion centre at the Vihiga County level four hospital.

Dr. Mamadi is alternately charged that between January 2019 and December 30, 2019 within Vihiga County, she willfully failed to comply with the law relating to procurement, to wit, Section 44(2)(a) of the Public Procurement and Assets Disposal Act, 2015, by engaging in the procurement process for Tender No. VCG/HLT/702190/2018/2019 for the construction of a blood transfusion centre at
the Vihiga County level four hospital without sufficient budget.

Quantity Surveyors Eugene Wandere, Sunday Undisa Mwangi, Vincent Juma Muyera, Laura Naliaka Kisaka, and Lillian Ambenge are facing a charge for willfully failing 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, No. 3 of 2003.

On February 28, 2019, within Vihiga County, being supply chain management officers, senior clerical officers, and principal quantity surveyors, all members of the Tender Evaluation Committee willfully failed to comply with the law relating to procurement, Section 80(2) of the Public Procurement and Assets Disposal Act, 2015.

They allegedly subverted the law by recommending the award of a tender to Sava Construction, a company that did not meet the evaluation criteria for Tender No. VCG/HLT/702190/2018/2019 for the construction of a blood transfusion centre at the Vihiga Count Level Four Hospital.

Simon Kiama Maina and Anas
tacia Njeri Kaguri, being the directors of Sava Construction Limited and a limited liability company, face a charge of fraudulently acquiring public property to the tune of 10,125,522.70 shillings from the County Government of Vihiga as payment for an irregularly awarded Tender No. VCG/HLT/702190/2018/2019 for the construction of a blood transfusion centre at the Vihiga County level four hospital.

This is alleged to have happened between July 4, 2019 and December 30, 2019 in Vihiga County.

The three accused also face an alternate charge of uttering false documents, contrary to Section 353 as read with Section 349 of the penal code.

They are accused that on or around February 18, 2019 at the County Government of Vihiga, they knowingly and fraudulently uttered to the County Government of Vihiga a false tender document, NCA 5 registration certificate no. 45205/B/1018, purporting it to be a genuine NCA5 issued by the National Construction Authority, a fact that they knew to be false.

On his part, Dalton Benso
n Amokua was arraigned for knowingly and fraudulently uttering a false tender document to the County Government of Vihiga, purporting it to be a tender document for Oceanic Construction Company Limited, a fact that he knew to be false.

Eddy Mirera faces two counts of forgery and uttering a false document, contrary to Section 353 as read with Section 349 of the penal code, with intent to defraud.

The Court issued a warrant of arrest against Eugene Wandera Wamalwa (Principal Quantity Surveyor), who is on the run.

Justice Ndururi directed that the case be mentioned on July 17, 2024.

Source: Kenya News Agency

The Coast Development Authority (CDA) is rushing against time to complete the Sh889 million Malindi Integrated Social Health Development Programme Phase II (MISHDP-II) in Malindi and Magarini sub-counties.

The Authority successfully implemented phase one of the programme funded by the Italian government between June 2008 and 2012.

The programme funded by the Italian government to the tune of Euros 6,395,373 (equivalent to Sh889 million in the current exchange rates) through the National Treasury is implemented by CDA in collaboration with the National Land Commission, Kenya Space Agency, Kilifi County Government, and the local community.

The three-year programme began in May 2022 and was designed to improve the social and economic development of the two sub-counties.

Speaking during a stakeholders meeting to review the progress of implementation of phase II, CDA Acting Managing Director (MD) Pamela Ngure said all the completed projects in MISHDP-I are in operation and the local community is benefiting.

The Italian government, through the National Treasury, has so far disbursed a total of Sh271 million to MISHDP-II. The projects are in advanced stages of construction.

To improve the education facilities and school enrollment in Malindi and Magarini sub-counties, phase II of the project involves the construction of a dining hall, kitchen, dormitory, and four classrooms at Ngomeni Secondary School.

The project also has provisions for an award scheme for the five best-performing students from Form 1 to Form 4 at Ngomeni Secondary School.

Other school infrastructure development projects are: the renovation of six classroom blocks at Ngomeni Primary School; the construction of six classroom blocks; a laboratory; and a pit latrine at Rasi Primary School.

Construction of an Intensive Care Unit (ICU) Block is underway at Malindi Sub-County Hospital, and Sh571 million has been allocated for the tarmacing of the 12-kilometre Mjanaheri-Ngomeni road.

‘Phase II will improve education in the area. In Malindi, we had
only one ICU during the COVID-19 era. We realised that patients had to go all the way to Mombasa to access ICU facilities, but now we will have a fully operational ICU,’ said Ag. CDA MD Ngure.

CDA chairman Mzee Mwinyi said the ICU will not only serve the residents of Kilifi but also the neighbouring counties of Tana River, Lamu, and Garissa counties.

CDA Chairman Mwinyi divulged that he received a no-objection letter for the construction of the road that will open up the Ngomeni and Mjanaheri areas.

‘The economy of the area will improve. Access to a fish landing site that was opened by the Head of State will be easy,’ said the CDA Chairman, urging coastal legislators to lobby for more development projects to improve the region’s economy.

Joseph Katana, Assistant Chief of Ngomeni Sub-Location, said through the project, education standards will improve and businesses will thrive.

‘Our children will no longer walk long distances to access secondary school. We have a pristine beach, but the road has been a h
urdle. With the construction of the road, it will boost tourism,’ said Assistant Chief Katana.

Kassim Abdalla said that since the commencement of the projects, the livelihood of Ngomeni has significantly improved.

‘The road will make the value of our land soar,’ said Abdalla.

Source: Kenya News Agency

Bomet Governor Hillary Barchok has committed to providing land for the planned establishment of courts in each of the five subcounties in Bomet.

Prof. Barchok said the move was aimed at bringing justice closer to the people.

The governor, who was speaking Thursday at Bomet Law Court grounds, said there were thorny issues in society that the courts could not conclusively handle using the laws of Kenya.

He cited land succession issues, which he termed high-voltage disputes among beneficiaries, saying many conflicts ended in murder.

Governor Barchok said litigation over succession issues in court was not only expensive but usually took a long time.

‘To address such issues, the courts have put in place an alternative justice system, one that usually involves a mediator,’ he said.

‘The mediator usually brings the disputing parties to a round table where they can reach an amicable solution, and thus justice is served to everyone.’

Therefore, he said, to enhance the Alternative Justice System, the County Gov
ernment of Bomet was committed to strengthening village councils led by village managers who were to resolve such issues before they reached the courts.

Barchok joined the host, Lady Justice Roseline Korir, representatives from the Law Society of Kenya, officials from the Office of the Director of Public Prosecutions, and representatives from the Office of the Attorney General during the open day as part of the transformative agenda under the Social Transformation through Access to Justice.

Source: Kenya News Agency

Kiambu County has embarked on a transformative week-long land verification exercise in Ngecha/Tigoni Ward.

The verification aims at providing land titles to plot owners of the Mwanamukia Housing Cooperative Society Limited.

This initiative, led by the Kiambu County Government in collaboration with the Ministry of Lands and the National Land Commission (NLC), seeks to bring long-awaited land ownership documentation to the residents.

The Acting Director of Land Survey, Isaac Kinuthia, detailed the meticulous process involved in the exercise.

‘Our technical officers are substantively verifying documents, while county surveyors are rigorously checking survey ground control. This thorough approach is essential to prevent potential land disputes and bolster the economic prospects and development in our rural areas,’ Kinuthia stated.

Molu Halake, the County National Land Commission Coordinator, underscored the importance of the exercise and highlighted the myriad benefits it would bring to landowners once they
were issued titles.

‘This initiative is crucial for the residents who have long sought legal documentation for their properties. We urge the community to cooperate fully with all involved institutions to ensure a smooth process,’ Halake emphasised.

He reassured MwanaMukia stakeholders of the steadfast commitment from the County Government, the Ministry of Lands, and the NLC in achieving the goal of securing land tenure for the area residents.

The exercise was spearheaded by County Executive Committee Member for Lands, Housing, Physical Planning, Municipal Administration, and Urban Development, Ms. Salome Wainaina, with the assistance of Acting Chief Officer Mr. Martin Kangiri.

Ms. Wainaina, while overseeing the process, stressed the significance of regulating land tenure and urged residents to seize this vital opportunity.

‘The absence of title deeds has not only hindered development in this rural area but has also led to continuous border disputes, as evidenced by the cases in our land office,’ she rema
rked.

The exercise, Wainaina noted, is pivotal in resolving issues and unlocking the region’s potential for growth and prosperity.

The land verification initiative marks a significant milestone for Kiambu County, promising a brighter, more secure future for the residents of the Ngecha/Tigoni ward.

The exercise targets a total of 1004 plots, of which 991 are individually owned and 13 are designated for public utilities.

The distinction has further underscored the county’s commitment to both private property rights and the provision of essential public services.

Source: Kenya News Agency

A digital hub has been launched in Kitutu Masaba Constituency to assist youths and constituency residents tap into readily installed infrastructure and internet connections to access online platforms where they can search for online jobs and business opportunities.

Dagorreti North Member of Parliament (MP) Beatrice Elachi, while opening the innovation hub in Kitutu Masaba Technical Training Institute (TTI), observed that the youthful population in Kenya is decrying joblessness and a lack of entrepreneurial opportunities, but the innovation hub will be a game changer in tackling joblessness.

‘One of the President’s key six pillars in his Bottom-Up Economic Transformative Agenda (BETA) is the digital super highway and creative economy to boost the ability of the youth and interested entrepreneurs to seek employment online to work and earn from the comfort of the constituency hubs, which have been availed of for free,’ MP Elachi stated.

She said that office jobs are no longer attractive because they are very
competitive and logistically inflexible when the world is transforming into work environments that provide the opportunity to work online from the comfort of wherever they are. She urged youths to diversify their job search links and try millions of available opportunities online.

Kitutu Masaba MP Clive Gisairo said the computers were issued by the president to give youths in the constituency opportunities for ease of study and networking while at the same time availing themselves of unlimited access to job and business opportunities online so that one does not have to fly out of the country to seek employment.

‘The job seeking strategies are shifting from the delivery of hardcopies of your qualifications physically to prospective employers to applying for the same opportunities online, and some assignments require one to have a laptop and internet connection, and they are good to execute their duties. Youths therefore need to equip themselves with the necessary computer skills to be able to sustain their l
ivelihood without having to decry joblessness and beg for handouts,’ the legislature advised.

Kitutu Masaba TTI received a complete set of 100 computers, which will be connected to the internet with the help of Nyamira County Information Communication and Technology Authority (ICTA) officers, so that youths from the constituency will benefit from them.

Mr. Peter Nyaribo, Principal of Kitutu Masaba TTI, thanked the area MP for his efforts to enable youths in the institution to be connected with the world and promised to provide an enabling training environment for ICT skills so that no youth is left behind.

‘We welcome all the youths and interested residents to make use of this digital innovation hub and gain relevant skills to enable them to have knowledge on how to search for jobs and business opportunities online, be self-reliant, economically secure and stable, and boost the country’s economy,’ Mr. Nyaribo said.

The project of installing innovation hubs in all constituencies countrywide is key to provi
ding safe working spaces for youths to enhance their awareness and uptake of online platforms for employment and business opportunities and supporting their innovative ideas at the centres.

Source: Kenya News Agency

The judiciary has strongly condemned the shooting incident involving a police officer and a magistrate at Makadara Law Courts on June 13, 2024.

Chief Registrar of Judiciary Winfridah Mokaya explained that during an open court session earlier on the said date, the Magistrate cancelled the bond for an accused person who had jumped bond and had failed to offer satisfactory explanations for jumping bond.

Principal Magistrate Monica Kivuti was shot by Chief Inspector Samson Kipchirchir Kipruto, husband of accused, Jennifer Wairimu, 48, who is charged with obtaining Sh2.9 million by false pretences.

‘Immediately after this decision was pronounced, a person shot at the magistrate and injured her on the hip,’ explained Mokaya in a statement to newsrooms.

She explained that police officers at the scene responded and neutralised the shooter as the magistrate was rushed to the hospital for treatment.

Mokaya said preliminary reports indicate that the shooter is a police officer who is married to the suspect, whose
bond was cancelled.

‘As the Judiciary family, we wish our colleague a quick recovery. We also send our condolences to the family of the officer who lost his life in this unfortunate incident,’ she said.

She continued: ‘We urge calm from all court users as our law enforcement agencies further investigate this incident. We would also like to assure all judicial officers, staff, and court users of their safety and security on all our premises. We will enhance our security protocols for civilians visiting our courts as well as security officers who visit courts in circumstances that do not require them to be armed.’

Meanwhile, Chief Justice Martha Koome last evening announced the closure of the Makadara Law Courts until Monday, June 17, to reinforce security. She has directed that all matters be heard virtually, with those requiring physical appearance being transferred to Milimani Law Courts.

Source: Kenya News Agency