EACC goes for civil servant’s Sh233m in graft case

The EACC headquarters in Nairobi.

Integrity Centre, the EACC's headquarters in Nairobi. 

Photo credit: File | Nation Media Group

The Ethics and Anti-Corruption Commission has moved to court seeking orders to recover Sh233 million from a senior procurement officer at the State Department of Housing and Urban Planning Development, which the agency says is proceeds of corruption.

The suspect, identified as David Kinyae Isika, started working as a supply chain manager. The anti-graft agency believes that Mr Kinyae, who has gone through the ranks and currently serves as a senior deputy director at the State Department of Housing and Urban Planning Development, abused his position of trust and awarded multiple tenders to companies associated with him.

Investigations by EACC sleuths traced three companies linked to the civil servant. The companies are Wanga-Tech General Enterprises that received  Sh75.8 million; Davinka Suppliers and General Merchants Limited that received Sh102 million and Bruce Isika Kinyae T/A Brycen Smart Innovations that has so far received Sh55 million. The commission believes that the Sh233 million was obtained illegally from public coffers under Mr Kinyae’s watch.

During the period of interest, the suspect earned a net salary of Sh5.95 million from the ministries of Transport, Infrastructure Housing, Urban Development and Public Works as well as Lands.

Controlling interest

The probe also revealed that the suspect was the ultimate owner of the companies as he exercised substantial controlling interest over the financial activities and consequently received payments wired to the companies from the tenders.

As such, the commission believes the money are proceeds of corruption and that the act constitutes economic crimes.

“Investigations established that David Kinyae used his office to confer benefit to himself through awarding several tenders to companies owned by his son, wife and himself and further failed to declare conflict of interest,”  said EACC.

Records at the Registrar of Companies show that during the period under investigations, Mr Kinyae was the director of M/s Davinka Suppliers and General Merchants Limited while his wife, Eunice Wangari and his son, Bruce Isika Kinyae were the directors f M/s Wanga Rech and Brycen Smart Innovations respectively.

Committee meetings

Documents on the opening of the companies’ bank accounts revealed that the suspect was a bank signatory of M/s Davinka while his wife and son were the signatories of the other two companies under probe.

Also, the commission faulted Mr Kinyae for failing to comply with laws relating to procurement process that call for convening inspection and acceptance committee meetings.

To avoid being caught by the law, Mr Kinyae is accused of forging the inspection and acceptance reports by superimposing signatures of other members of the committee.

“Furthermore, he abused his office by signing and issuing requisition, local purchase orders (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,” EACC stated.

To disguise himself and hide the fact that he is the beneficial owner of M/s Davinka, the senior director transferred his shares/directorship as well as signing mandates, the anti-graft commission said.

He started as a clerical officer at the Garissa District Commissioner office in November 1998 before being promoted to the position of a senior supply chain manager assistant 1 at the Nairobi Metropolitan Development within the ministries of Land and Transport.