The Director of Public Prosecutions (DPP) Noordin Haji has ordered the arrest of Malindi Member of Parliament (MP) Aisha Jumwa over alleged misappropriation of Ksh19 million Constituency Development Fund (CDF).
At first, it was alleged that the lawmaker embezzled Ksh57.7 million. However, the DPP was able to establish that only Ksh19 million could not be accounted for.
It was first alleged that several businesses controlled by the lawmaker -- through her proxies -- received CDF monies and channeled the funds to MP Jumwa’s bank accounts.
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The companies had been identified as Multserve Contractors Limited, Kaseru Construction Limited, Bizcot Limited and Gadu Stores Limited.
However, subsequent investigations indicated that only Multserve Contractors Limited had a case to answer. The company had been awarded a tender to build Malindi Sub-County Education Office.
Haji says the Directorate of Criminal Investigations (DCI) completed the first probe into the alleged embezzlement on November 13, 2019, and that the file was forwarded to his office for further legal action.
“Upon review of the inquiry file, we found some areas that required to be covered by way of further investigations before final directions could be issued,” Haji said in a statement dated Thursday, August 27, 2020.
The Office of the Director of Public Prosecutions (ODPP), consequently, assembled a team that guided the investigations by the DCI.
Haji says his office received a report of the follow-up probe on July 9, 2020.
The investigations revealed that Ksh19 million, and not Ksh57.7 million, was irregularly paid to Multserve Contractors Limited, whose director is Robert Katana Wanje.
“The procurement process spearheaded by the CDF Account Manager and the Tender Committee was awfully flawed and marred with irregularities, skewed in favour of Multserve Contractors Limited, the company earmarked to undertake the project,” said Haji.
Out of the Ksh19 million that Multserve received in payment, Ksh2.5 million was illegally transferred to MP Jumwa’s bank accounts, said the DPP. “This amounted to conflict of interest,” he added.
“Evidence showed that Aisha Jumwa concealed the said sums, being proceeds of crime, through depositing an installment towards the purchase of an apartment situated on Argwings Kodhek Road in Nairobi.
“I am therefore satisfied that there is sufficient evidence to support charges under the Anti-Corruption and Economic Crimes Act No. 3 of 2003 and the Proceeds of Crime and Anti-Money Laundering Act No. 9 of 2009 against the suspects,” said Haji.
The persons listed for arrest include: MP Aisha Jumwa, Malindi CDF Account Manager Wachu Omar Abdalla, CDF Tender Evaluation Committee members: Kennedy Otieno Onyango, Bernard Riba Kai, Sophia Saidi Charo and Margaret Faith Kalume.
Also marked for arrest, is Multserve Contractors Limited Dirctor Robert Katana Wanje.
Haji says the seven will be charged with conspiracy to commit corruption, money laundering, acquisition of proceeds of crime, forgery and willful failure to comply with law related to procurement.
Malindi DCI boss, Mike Muia, told K24 Digital that the five Malindi CDF Committee members and CDF account manager, Wachu Omar, who are suspected to have aided in the theft, were arrested on Thursday evening.
"We are now going for the MP (Aisha Jumwa)," said Muia.
