Charges against M/L Tahal Consulting Engineers Limited were also filed by the DPP. The company was awarded tenders unlawfully and fraudulently and were paid in million by the Nyandarua County Government officials.
In a press statement on 26 July 2018, Haji said that after reviewing files sent to his office on 22 May, 2018, by the Ethics and Anti-Corruption Commission (EACC), he discovered sufficient evidence to warrant arrest and prosecution of former Nyandarua Governor Daniel Waithaka Mwangi along with Grace Wanjiru Gitonga, Kihiu Gichinga Gaiko and John Ngigi Daniel.
“Upon my perusal and independent consideration of the evidence contained in the inquiry files, I am satisfied that there is sufficient evidence to charge the named persons as recommended by the EACC,” the DPP said
The fourth accused member is Jesse Mwangi Wachira, a Nyandarua County Officer. Also, to be charged are M/L Tahal Consulting Engineers Limited, Albert Attias and Chen Yochanan Ofer.
The accused face charges ranging from abuse of office to willful failure to comply with the laws relating to public procurement, contrary to Section 45 (2) of the Anti-Corruption and Economic Crimes Act, 2003.
The EACC on December 4, 2014, received a report that county officials flouted procurement laws and regulations in awarding a contract to M/L Tahal Consulting Engineers Ltd, a company with international expertise on water and sewage projects. A similar report was made to the EACC on May 15, 2016, prompting the anti-graft detectives to swing into action.
Following up on the report, the EACC investigated them and found out that the named suspects awarded a KShs 50 million tender to M/L Tahal unlawfully. The tender was on the Water Master Plan design and review of the Ol Kalou Twon sewerage system.
“It was established the county government did not have procurement plan or funds for the purposes of the said projects for the 2013/14 financial year. The relevant procurement laws under the Public Procurement and Disposal Act, 2005, were flouted in procuring the services of M/L Tahal Consulting Engineers Ltd,” Haji noted.
The charges facing the Nyandarua county officials are almost similar to those that were filed against Busia County governor Sospeter Ojamoong’ who was on July 4 arrested alongside several county officials.