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EACC raids senior Bomet officials' homes as Ruto visits

Bomet County procurement offices where some of the officers were arrested on October 24, 2024.

Photo credit: By Vitalis Kimutai/ Nation Media Group

Officers from the Ethics and Anti-Corruption Commission (EACC) on Thursday raided the homes and offices of senior officials in Bomet County over a corruption scandal tied to the suspicious procurement of Sh373 million worth of road construction equipment.

The crackdown which started at 4 am targeted County Executive Committee (CEC) members and Chief Officers (COs) and coincided with President William Ruto's visit to the county. 

EACC arrests eight Bomet officials over alleged Sh1.573bn fraud

Plainclothes officers arrived at the homes of the officials and confiscated documents before moving to the county headquarters to continue their search.

 According to a senior security officer, the operation caught the officials and their families by surprise. 

"Officers in plain clothes raided the homes of the CECs, COs, and other senior officers and carted away documents before proceeding to the county headquarters to search their offices," said the source, who requested anonymity due to the sensitive nature of the operations.

When contacted, EACC spokesperson Eric Ngumbi in a statement said the operation is pursuant to court orders in relation to allegations of conflict of interest and embezzlement of public funds to the tune of Sh1.2 billion through fraudulent payments made to companies owned by the officials, their family members and proxies.

The investigations, according to Mr Ngumbi, also delve into allegations of abuse of office, conflict of interest, unexplained wealth and theft of Sh373 million in the procurement of 12 heavy road construction machines and trucks during the financial 2022/2023, which cannot be accounted for.

“The suspects allegedly abused their positions of trust and authority to embezzle public funds through collusion, procurement fraud and payments for non-existent or substandard services,” he stated.

Mr Ngumbi explained, “Today’s operation has yielded valuable evidentiary material that will support the ongoing investigations. Meanwhile, the suspects arrested during the exercise have been released after recording their statements at various EACC and other government offices. Upon completion of the inquiry, the outcome will inform appropriate action, including prosecution of any culpable persons and/or recovery of unexplained wealth or proceeds of corruption.

President at Tenwek

The operation was underway even as President William Ruto was hosted by Governor Hillary Barchok at Tenwek Hospital for the launch of a Sh4.5 billion Cardio Thoracic Centre. 

The presence of the President added a layer of intensity to the already high-stakes operation.

Workers at the county headquarters who were preparing to attend the presidential event were caught off guard as the officers took over the premises.

By press time, several officers had reportedly been arrested in their rural homes and were being driven to the county headquarters for processing.

The scandal first came to light in August when the EACC recorded statements from 13 officers in relation to the procurement of road construction equipment, including five crawler excavators, five motor graders, and one drum roller. 

The equipment worth Sh373 million was purchased in a deal that has since come under intense scrutiny.

The EACC has been analysing 26 key documents related to the transaction with EACC South Rift Regional Manager Ignatius Wekesa stating that those found guilty of fraudulent activities will face arrest and prosecution.

"The commission has received the documents, which are currently being analyzed as we prepare to take statements from those involved in the procurement and purchase of the road construction equipment," Mr Wekesa said in August.

He said those found to have engaged in fraudulent activities in connection with the acquisition of the equipment will be arrested and prosecuted.

The office of the auditor-general also raised concerns about the transaction in its latest report, which flagged discrepancies in the payments and ownership of the machinery.

According to the report, payments for the equipment were made outside of the County Integrated Development Plan (CIDP), the Annual Development Plan (ADP), and the approved budget. These violations have raised serious questions about the transparency and legality of the procurement process.

One of the most glaring discrepancies involves the payment for part of the equipment.

According to documents tabled at the County Assembly by Singorwet Ward Member of County Assembly (MCA) Josephat Kipkirui, the supplier was paid Sh250 million, despite the signed sale agreement showing a price of Sh244.4 million.

Mr Kipkirui also noted that the equipment had been insured for only Sh232 million, a further indication of the irregularities in the procurement process.

“The Controller of Budget report shows that the supplier was paid Sh250 million, while the signed agreement between the parties indicates it was costing Sh244,425,410. Still, the insurance cover secured shows the vehicles were insured for Sh232 million,” Mr Kipkirui stated.

He also raised concerns about the poor management of the equipment, which is currently lying unused and exposed to the elements at public works offices. "The roads construction equipment are lying at the public works offices, and have been exposed to risks of vandalism as they are under the operation and custody of casual employees,” the MCA added.

Audit verification by the auditor-general revealed that while some of the equipment had been delivered, supporting documents for payment and ownership were missing.

“The procurement was not included in the 2018-2023 CIDP and 2022-2023 ADP. Further, audit verification in August 2023 revealed that the Prime Mover, 46-601 semi-trailer, low bed 35,000-45,000 kilograms payload, and large tippers, 11-13 ton, 150-200hp were delivered but the County Executive has to date not obtained logbooks confirming ownership,” the auditor-general’s report stated.

EACC has demanded documentation on the tendering process, procurement plan, payment records, and ownership details for the equipment.

The investigation was launched following a whistleblower’s report to the commission which also raised concerns about the lack of transparency and possible misuse of public funds.

The whistleblower alleged that the procurement was not included in the county’s development plans, and the payment process violated legal requirements.