Inquiry into allegation of financial impropriety against officials of Migori County Assembly, for the irregular cash payments of KSh.2,863,086 to suppliers from public county funds.

The Ethics and Anti-Corruption Commission (EACC) commenced investigation of financial impropriety against officials of the Migori County Assembly for the irregular cash payments of KSh2,863,086 to suppliers from public county funds on 24 December 2014, without supporting documentation.

‘Suppliers’ deny receiving cash payments

Investigation established that on 24 December 2014, the Assembly clerk and an accountant of the County drew a cheque of KSh12,127,000. This was later cashed by the accountant from the Migori County Assembly KCB account.

The Clerk of the Migori County Assembly who is the main suspect has since died.

Investigation established that the KSh12,127,000 was intended for use as petty cash. However, it was established that out of the KSh12,127,000 that was withdrawn, KSh2,863,086 was allegedly paid to 6 suppliers, however 5 suppliers denied receiving payments.

Investigation further established that two accountants working for the Assembly, irregularly prepared payment vouchers for the payment of 5 suppliers without any supporting documentation. Since the threshold for paying suppliers in cash is KSh50,000, investigation established that the cash payments to the suppliers was irregular.

One accountant and two clerical officers face charges

On 26 August 2024, a report was compiled and forwarded to the Director of Public Prosecutions (DPP) with recommendations to charge one accountant and two clerical officers working for Migori County as follows: –

(i) 1 count of conspiracy to commit an offence involving corruption in violation of section 47A (3) as defined by section 48 of the Anti-Corruption and Economic Crimes Act No. 3 of 2003.

(ii) 1 count of abuse of office in violation of section 46 as defined by section 48 of the Anti- Corruption and Economic Crimes Act No. 3 of 2003.

(iii) 2 counts of wilful failure to comply with the applicable law relating to expenditure of public funds in violation of 45 (2) (b) as defined by section 48 of the Anti-Corruption and Economic Crimes Act No. 3 of 2003.

(iv) False accounting contrary to section 331 of the Penal Code.

On 17 October 2024, the DPP returned the Inquiry file with recommendations for further investigation.

Principal source The Gazette