Wajir County vehicles cash frozen

The Ethics and Anti-Corruption Commission (EACC) has obtained a court order stopping the withdrawal of some Sh12 million allegedly meant for buying vehicles for the Wajir county executive.

High Court judge John Onyiego agreed with EACC that the funds being held in an account at Kenya Commercial Bank (KCB) Wajir branch should remain frozen until a case filed by the anti-graft body is determined.

The judge said any act or omission resulting to or perpetrating plundering of government or public resources is “a great injustice to the Kenyans and in particular taxpayers”. He said public interest cannot be quantified in monetary terms.

“I do not want to pre-empt the final decision at this point. However, on the face of it and from material placed before court, there was no specific budget for the purchase of the two motor vehicles for the governor’s office. Whether the purchase of the motor vehicles was budgeted for nor not will be a matter of evidence,” the judge said.

The EACC through Philip Kagucia told the court that they had received information that Sh26 million intended for the purchase of two motor vehicles for the governor had been misappropriated.

Daayo construction & General Supplies Ltd was awarded the tender to purchase two motor vehicles at a cost of Sh26 million. And out of the amount, Sh14 million was spent on the purchase a car whose number plate is KCQ 004U. The balance was transmitted to Fine Trust, a company that had nothing to do with the contract.

According to the State counsel, the contract was tainted with illegalities as the company submitted a forged tender bond from KCB.

He said the tender ought to have been declared unresponsive because the winning bidder did not meet the required conditions.

Further, he said even though the county entered the contract with Daayo, its directors did not sign the contracts documents. He also submitted that the purchase of the motor vehicles had not been budgeted for and the motor vehicle supplied was not new.

EACC had named Mr Jammad Kassai, Ahmed Sahal Omari, Yusuf Dayib Ali, Bare Idris Ami, Daayo Construction & General Supplies ltd, Osman Abdi Jimale, Ahmed Abdi Jimale and Fine Trust Construction Co. Ltd as respondents in the case.

In reply, the respondents, through Bare Idris Amin denied being involved in any fraudulent activities. He said there was no proof that the tender was irregular or it was not budgeted for.

Mr Amin said once money had been paid, the county government had no business following how the money was spent.

Justice Onyiego said the issue as to whether the cars were budgeted for and whether it was within the expenditure allowed within county government, will be determined during the hearing.