If you thought the NYS cases against Josephine Kabura- the hairdresser and Ann Wambere Wanjiku Ngirita were shocking, wait till you hear about a prison cleaner Eric Kipkurui Mutui.
According to EACC detectives, Kipkurui got a small chunk of Ksh 270 million believed to have been spirited away by corruption cartels at the Department of Kenya prisons.
Documents seen by K24 Digital filed at Anti-Corruption and Economic Crimes Division of the High Court reveal that Kipkurui, who is under probe, was used as a proxy by senior officers at the State Department of Corrections to defraud the government millions of shillings through fictitious contracts for the supply of food and ration to the State Department of Corrections between the financial years 2016/2017 and 2017/2018, which goods were never supplied.
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According to preliminary investigations, EACC established that Kipkurui is a sole proprietor of seven firms registered between 2012 and 2016 and has never tendered to supply goods and services to the government.
On paper, he was supposed to supply foodstuff at seven prison facilities in Nairobi county
Nevertheless, Kipkurui received money in accounts held by some of the companies associated with him including Homex enterprises, Hygiene Ventures and Unique supplies.
It is alleged that Kipkurui who is a cleaner at the prisons and whose salary was Ksh 20,800 has seven cars worth Ksh 32 Million, a Ksh17.5 Million house in Nairobi and others in Kericho and Nyaribari worth Ksh 47.5Million and is also a sole owner of seven companies which received millions of shillings from the Kenya prisons department.
An affidavit filed in court by the Investigating officer Dorothy Mnjala indicates that Kipkurui while not being authorized, obtained S13 forms used in procurement by the State Department of Corrections which formed the basis of payments of millions of shillings made as they were attached to the payment vouchers.
"Preliminary investigations have established that the 1st Respondent (Kipkurui) is the sole proprietor of seven business names registered between 2012 and 2016, which enterprises or business names were the conduits for embezzlement or fraudulent acquisition of Ksh 257 Million from the State Department of Corrections," the commission states in the court papers.
He adds that investigations have also established that the suspect purported to have supplied food and ration to seven prison facilities in Nairobi through his firms.
"Preliminary investigations have also revealed that Kipkurui subsequently withdrew the funds from the enterprises’ accounts and utilized them for the purchase of the landed properties subject of this suit through proxies or fellow employees of the State Department of corrections whom he colluded with as well as relatives, " the affidavit by the officer reads.
EACC informed the court that Kipkurui and his companies purchased three land properties in Nairobi, Nyaribari and Kericho and the seven motor vehicles for KSh 65 Million and Ksh 32million respectively using money fraudulently acquired from the State Department of Corrections.
The court documents further reveal that with regards to the property known as LR. NO. 20857/62 located in Nairobi I.R 75635, Kipkurui utilized Ksh 17.5 Million from the three firms' bank accounts to purchase the property.
It is said that the sums were paid to the sellers, Ephraim Wanjohi and Mary Wanjohi account and the sale agreement signed by the Kipkurui’s proxy and colleague at the State Department of Corrections namely Joseph Ochoki Omayio.
The Anti-graft agency also says that with regards to a property known as Nyaribari Chache/B/B/Boburia/9927 parcels 51821 and 51822, Kipkurui utilized Ksh 15 million each from the cash received on his two firms' bank accounts to purchase the property. It is said a further Ksh 10 million was paid from Hygiene Ventures bank account.
"The sums were paid to the seller’s account, Matthew Kiriago Akama and registered in the name of Stephen Jeremiah Ogeto, Kipkurui's colleague at the State Department of Corrections," EACC officer reveals.
Following the purchase, Ogeto is said to have issued instructions to the seller to transfer the property to a third party, in a bid to further conceal the property purchased through proceeds of corruption.
Kipkurui also purchased a property known as LR. NO.KERICHO/KIPCHIMCHIM/6604 at Ksh 17.5 Million from Dennis Cheruiyot Chumba and was registered in the name of his father, Joshua Kimutai Kikwai.
However, the EACC informed the High court that it is investigating Kipkurui, his firms and state officials over fictitious contracts for the supply of food and ration to the State Department of Corrections between the financial years 2016/2017 and 2017/2018.
Through lawyer Diana Mwendwa, the Commission says that is undertaking investigations relating to public officers at the State Department of Correctional Services suspected to have fraudulently acquired approximately Ksh 450 million on account of goods that were never supplied.
"EACC is investigating allegations of conflict of interest, embezzlement and or fraud on the part of public officials in the State Department of Corrections," Diana informed the court.
High Court judge Esther Maina has ordered the freezing of Kipkurui's assets bought through proceeds of crime for a period of six months to enable EACC complete investigations into the matter and file a forfeiture of the property to the state.
The court further ordered Kipkurui to surrender motor vehicles registration numbers KCH 360G, KCL 050T, KCH 593S, KCL 125R, KCN 475L, KCN 417B, KCL 778P together with their logbooks to the EACC within 7 days of the order failing which the Applicant shall be at liberty to seize, tow and detain the motor vehicle for purposes of preservation.
