Inquiry into allegations of conflict of interest against a senior accountant at the Kenya Rural Roads Authority, through the award of tenders amounting to KSh146 million to ANTCO Investment Limited, a company associated with him during the financial years of 2018/2019 to 2022/2023.

The Ethics and Anti-Corruption Commission (EACC) commenced investigation after receiving a complaint that a senior accountant at the Kenya Rural Roads Authority (KeRRA) Nyanza and Western regional offices was involved in irregular procurements. Allegedly, through the award of tenders amounting to KSh146 million to his company Antco Investment Limited (ANTCO) by KeRRA, during the financial years of 2018/2019 to 2022/2023.

Investigation established that KeRRA had lists of registered contractors in the financial year 2018/2019 and 2020/2021 to 2021/2022, and that ANTCO was among the registered contractors across the constituencies in five regions. Investigation further established that ANTCO was registered on 17 November 2006, and that a senior accountant at KeRRA Nyanza and Western regional offices and his wife, were directors of ANTCO and signatories to the company’s bank account.

Busia, Vihiga, Kakamega, Siaya and Trans Nzoia

Investigation established that during the financial years 2018/2019, 2019/2020, 2020/2021 and 2021/2022, Ancto was awarded 27 contracts for road works by five KeRRA regional offices, namely; Busia, Vihiga, Kakamega, Siaya and Trans Nzoia.

Investigation further established that the senior accountant at KeRRA participated in four tenders amounting to KSh33,836,028 where ANTCO had submitted bids and further signed payment vouchers of KSh9,513,554 in favour of ANTCO.

On 13 September 2024, a report was compiled and forwarded to the Director of Public Prosecutions (DPP) with recommendations to charge the senior accountant at KeRRA and Directors of ANTCO as follows: –

EACC recommends charges

(i) 1 count of failure to disclose a private interest to one’s principal, in violation of section 42 (1) (a) as defined by section 48 of the Anti-Corruption and Economic Crimes Act No. 3 of 2003.

(ii) 8 counts of conflict-of-interest in violation of section 42 (3) as defined by section 48 of the Anti-Corruption and Economic Crimes Act No. 3 of 2003.

(iii) 2 counts of unlawful acquisition of public property in violation of section 45 (1) (a) as defined by section 48 of the Anti-Corruption and Economic Crimes Act No. 3 of 2003.

On 30 October 2024, the DPP returned the inquiry file with recommendations for further investigation.

Primary source Kenya Gazette Notice No.16427