The anti-graft body has filed an application seeking to recover Sh233 million from a civil servant working at the Nairobi Metropolitan Services (NMS) alleged to have awarded tenders worth millions to companies linked to him and his relatives.
The Ethics and Anti-Corruption Commission (EACC) says in a petition filed at the High Court that David Kinyae Isika awarded tenders worth Sh233 million to companies ran by his son, a nephew, and a sister-in-law.
Mr Kinyae previously worked as the director supply chain management in the Housing and Urban Development Ministry and lately NMS. He was employed in 1988 as a clerical officer and sent to Garissa.
“That consequently, the payments received by the defendants pursuant to the subject tenders and/or contracts constitute proceeds of corruption and/or economic crime,” EACC says in documents filed in court.
Also named in the case is Joyce Wairimu, a sister-in-law and a director of Wanga-Tech General Enterprises Ltd, Urbanus Kioko Mbithi, his nephew who is a director and shareholder of Davinka Suppliers and General Merchants Ltd.
The EACC says Wanga-Tech received tenders worth Sh75.8 million between 2014-2021. The contracts were allegedly awarded by NMS through corrupt conduct and in conflict of interest.
Further, the EACC says Davinka Supplies allegedly received Sh102 million worth of contracts from NMS in the same period, while Bruce Isika, who runs a company known as Brycen Smart Innovations got contracts worth Sh55.4 million during the same period.
The ant-graft agency has accused Mr Kinyae of knowingly abusing his office by signing Local Purchase Orders, receiving goods in store and signing and issuing professional opinion while participating in inspection and acceptance committees.
The High Court had in last year frozen about Sh12 million in two bank accounts and attempts by the public servant to lift the order was dismissed in April by Justice Esther Maina saying the court can only release the money if it is satisfied on a balance of probabilities that the money was not acquired as a result of corrupt conduct.
“That in my view can only become evident upon conclusion of the investigations being conducted by the Commission and after this court has heard evidence from both sides,” the judge said.
The anti-graft body further alleges that the contracts were awarded through circumvention of procurement laws or in an uncompetitive manner, owing to his position as a senior supply chain management officer at the Housing department in the Ministry of Transport and Urban development
The documents filed in court revealed that although Mr Kinyae’s net salary from 2014 to April this year stood at Sh8.3 million, more than Sh77.4 million has passed through his accounts in the same period. He receives a monthly salary of Sh149,348.
