Ethics and Anti-Corruption Commission (EACC) Quarterly Report 1st January to 31st March 2021.

An investigation into an allegation of conflict of interest by a Kenya Ports Authority Employee, Senior Clerical Officer who was alleged to have Influenced the award of tenders worth Ksh. 40 Million to Chemiso East Africa, a business entity associated with him through his proxies.

Chemiso East Africa

Investigations by the Commission commenced following reports of a conflict of interest in the award of a contract worth Ksh. 40 Million to Chemiso East Africa which was won by a proprietor who happened to be the mother of a Senior Clerical Officer who worked for the Kenya Ports Authority (KPA), the procuring entity.

Investigations established that the procurement was irregular which resulted to unlawful payments amounting to Ksh. 67,732,772 to the proprietors of Chemiso East Africa. The investigations further established that the Evaluation Committee did not conduct proper technical evaluation and there was a conflict of interest.

On 4th January, 2021,, a report was completed and forwarded to the Director of Public Prosecutions (DPP) with recommendations to charge the Senior Clerical Officer, Head of Procurement and Supplies, Head of Civil Engineering, Members of the Tender Evaluation Committee, the proprietor and signatory of Chemiso East Africa with the following offences:

• Two counts of conflict of interest contrary to section 42 (1);
• One count of fraudulent acquisition of public property contrary to section 45 (1) (a);
• Two counts of willful failure to comply with law relating to procurement contrary to Section 45 (2) (b);
• All as read together with Section 48 of the ACECA;
• One count of money laundering contrary to section 16 of the Proceeds of Crime and Anti Money Laundering Act;
• One count of obtaining a contract from a public institution by false pretense contrary to Section 313 of the Penal Code;
• One count of fraudulent practice in procurement contrary to section 41 (4) as read with Section 137 of the Procurement and Disposal Act;
• One count of forgery contrary to Section 349 as read together with Sections 345-348 of the Penal Code.

The EACC is awaiting the DPP’s response.

Source: The Kenya Gazette, 2nd July, 2021