The Ethics and Anti-Corruption Commission (Eacc) is on a war-path with Water, Irrigation and Sanitation Cabinet Secretary Alice Wahome for shielding the Athi Water Works Development Agency (AWWDA) Engineer Michael Thuita from Sh25billion graft probe involving construction of three dams where he is adversely mentioned in alleged procurement malpractices, The Informer Media Group can authoritatively reveal.
In a debacle that manifests two government institutions working in cross-purposes, when Eacc requested the Water CS to suspend Thuita to facilitate the probe, the CS defied the notice and instead demanded to be furnished with complaint file or complaint filed to enable her heed to anti-graft body demand.
According to the anti-graft body, Thuita is adversely mentioned in tendering irregularities in the Sh24billion Ruiru Damm II project, Karimenu and the Kitui Matuu Water Projects respectively.
Our investigations have established that Eacc CEO Twalib Mbarak made the turned-down request on May 24, 2023 and the CS responded in a record seven days, May 31, 2023.
“The commission is undertaking the investigations on procurement irregularities in the award of tender for the construction of Ruiru –II, Karimenu and Kitui Matuu Water Projects that were undertaken by the Athi Water Work’s Development Agency where the Chief Executive POfficer (CEO) Eng. Michael M. Thuita has been adversely mentioned. The CEO being the accounting officer of the agency was involved in the implementation of these three projects. Therefore, there is a likelihood that his being in the office will interfere with the smooth provision of documents and persons who may be called upon as witnesses.” Twalib told CS Wahome.
Eacc want Thuita out of office to deter possible interference with the investigation.
According to Regulation 25 (2) of the Leadership and Integrity Act 2012, one can be suspended from office if he or she is likely to conceal, alter, destroy, remove records, documents or evidence; is likely to intimidate, threaten or otherwise interfere with witnesses or interfere with investigations in any other manner.
Further, Regulation 25 (3) of LIA provides that: “An officer under suspension shall be on half pay pending investigations and determination of the allegations made against the officer.” The letter to CS Wahome adds in part.
At the time the suspension request against Thuita was made, we established that the AWWDA CEO was out of the country.
“Section 47(2) of Leadership and Integrity Act 2012, (LIA) states that; “Subject to the constitution and any regulations for enforcement of the code of conduct, a state/public officer may be suspended from office pending the investigation and determination of allegations made against that state/public officer where such suspension is considered necessary.” … To this end, based on the reasons stated, it is advised that you consider invoking the above cited provisions and take administrative action against the CEO to pave way for the investigations. Kindly appraise the commission on the action taken.” Twalib told the CS vide letter reference number EACC.6/8/5 VOL.IV (39) dated May 24, 2023.
In response, CS Wahome cited inadequate basis to justify the suspension request against Thuita and the alleged crimes.
“The subject matter should be investigations into procurement illegalities in the award of tender of the projects mentioned in your said letter and not suspension as referenced above. To enable me to consider the recommended action of suspension of the officer alleged to have been involved in the irregularities, kindly let me have the letter of complaint or the complaint file.” The rejoinder by CS Wahome to Twalib reads in part.
Whenm contacted by The Informer Media Group for comment over the matter, CS Wahome did not respond to phone calls and messages sent to her.
Late last month, while announcing the government plans to lay off over 200 employees working on contract basis at Kenya Medical Supplies Authority (Kemsa) beginning today, July 1, 2023, Chief of Staff and Head of Public Service Felix Koskei warned public officers and civil servants against engaging in corrupt practices saying that conflict of interest, wastage of public resources and abuse of power will not be tolerated in the public service.
“We are not going to entertain corruption in government.” He affirmed after touring the Kemsa ultra-modern warehouse in Embakasi, Nairobi, where he met the authority’s management and employees.
Present were Principal Secretary State Department of Medical Services, Harry Kimtai, Kemsa board chairman Irungu Nyakera and acting Chief Executive Officer Andrew Mulwa.
