EACC seeks to recover Ksh.233 million from Gov't officer earning Ksh.66K

EACC seeks to recover Ksh.233 million from Gov't officer earning Ksh.66K

An image of David Kinyae Isika, a Senior Deputy Director Supply Chain Management Officer at Ministry of Transport. PHOTO| COURTESY

  • EACC case files indicate that Isika, accumulated the said funds while holding the position of Senior Supply Management Assistant 1, at the Nairobi Metropolitan Development between the year 2014 and June 2021.

The Ethics and Anti-Corruption Commission (EACC) has moved to court seeking to recover Ksh.233 million believed to have been fraudulently acquired by a procurement officer at the Ministry of Transport and Infrastructure.

According to EACC documents, David Kinyae Isika accumulated the said funds while holding the position of Senior Supply Management Assistant 1, at the Nairobi Metropolitan Development between January 2014 and June 2021.

During the period under review which translates to 90 months, Kinyae earned a net salary of Ksh.5,950,783 which translates to a net monthly pay of Ksh.66,000.

He is believed to have accumulated the funds through the fraudulent allocation of government tenders to companies associated with him directly or through members close to him contrary to the provisions of the law.

“Between January 2014 and June 2021, while working as a Senior Supply Chain Management Assistant 1, at the Nairobi Metropolitan Development within the Ministry of Lands, Housing & Urban Development and currently Senior Deputy Director, Kinyae abused his position of trust by participating in the award of tenders to companies associated with him,” read the statement by EACC.

“Being a public officer, Kinyae knowingly held a private interest in the transactions by companies with the ministries he worked with which private interest was in conflict with his public office.”

EACC investigations revealed that Kinyae awarded tenders to three companies namely; M/s Davinka Suppliers & General Merchants Ltd, M/s Wanga-Tech General Enterprises Limited and Bruce Isika Kinyae t/a Brycen Smart Innovations, owned by himself, his wife and son respectively.

“Records obtained from Registrar of Companies show that during the period under investigations, David Kinyae was a director of M/s Davinka Suppliers & General Merchants Limited while his wife Eunice Wangari and his son Bruce Isika Kinyae were the directors of M/s Wanga- Tech General Enterprises Limited and Brycen Smart Innovations respectively,” EACC noted.

In the said period, public funds were distributed with Davinka getting Ksh.102,175,003, his wife’s M/s Wanga ltd. securing Ksh.75,877,074 while his son's company got Ksh.55,434,690, all amounting to the Ksh.233 million in question.

The Anti-corruption agency now wants the court to seize the amount owing to the fact that Kinyae wilfully failed to comply with laws relating to the procurement process by not declaring a conflict of interest in his dubious deals.

"Kinyae was the ultimate beneficial owner of the companies as he exercised substantial controlling interest over their financial activities. Consequently, the payments received by the companies from the tenders constitute proceeds of corruption and/or economic crime," stated the EACC.

“He abused his office by signing and issuing requisition, LPOs, receiving goods in the store and signing S13, issuing professional opinions, participating in Inspection and Acceptance Committees, thus involving himself in the tendering process of the Companies associated with him.”

The commission similarly accuses Kinyae of forgery of Inspection and Acceptance reports by superimposing signatures of other members of the Committee after failing to convey the required committees.

“David Kinyae is the beneficial owner of M/s Davinka Suppliers & General Merchants Ltd and he attempted to disguise his ownership by transferring his shares/directorship as well as signing mandates, ” EACC wrote.

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