The Ethics and Anti-Corruption Commission (EACC) has been investigating allegations of a Conflict of Interest against a former Kwale County Executive Committee Member for Tourism who is currently the Member of Parliament for Mandera.

The Commission commenced investigations following an anonymous complaint that the Kwale County Government had for a period of two years awarded a contract/tender for catering services and accommodation of County officials to Lofta Resort Diani Ltd, a hotel associated with the County Executive Member for Tourism (CEC) of Kwale County Government.

Wife, Son and Nephew Co-Directors

Investigations established that the County Executive member of Tourism who was employed at Kwale County Government, was a director and a controlling shareholder of Lofta Resort Diani Ltd alongside his wife, son and nephew who were co-directors during the award of several prequalified tenders. Lofta Resort Diani Limited was a prequalified supplier of Kwale County Government from the years 2014-2018 and received payments in the said period totaling Ksh. 51,539,424.

Lofta Resort Diani Ltd

Investigations also established, in the financial year of 2014/2015 Lofta Resort Diani Ltd had been disqualified for being non responsive. However, the Tender Committee awarded the tender to Lofta Resort Diani Ltd and other non-responsive. The evidence confirmed that there existed a conflict of interest on the part of the CEC.

On 11th February, 2021, a report was compiled and forwarded to the DPP with the recommendation that the CEC and other Kwale County Government officials be charged with the following offences:

• One Count of Conflict contrary to section 42 (3) of ACECA;
• One Count of willful failure to comply with the law relating to procurement contrary to section 45 (2);
• One Count of Deceiving the principal contrary to section 41 (2);
• One Count of abuse of office contrary to section 46;
• All as read together with section 48 of the ACECA.

The Commission is awaiting the DPP’s response.

Source: The Kenya Gazette, 2nd July, 2021, Ethics and Anti-Corruption Commission (EACC) Quarterly Report 1st January to 31st March 2021