The Director of Public Prosecutions has approved corruption charges against former Sports Principal Secretary Ambassador Peter Kirimi Kaberia and nine other individuals over the alleged misappropriation of Sh330 million allocated for Kenya’s preparations to host the 2018 Africa Nations Championship (CHAN), with six companies also facing prosecution over the alleged financial misconduct.
DPP Renson Ingonga announced the approval in a press statement dated September 7, confirming that the charges followed investigations carried out by the Ethics and Anti-Corruption Commission (EACC), whose inquiry file was submitted to his office for review and guidance.
“Upon an independent and thorough evaluation of the evidence, the DPP has determined that sufficient grounds exist to prosecute the suspects and the companies involved,” the statement read.
Alongside Kaberia, those facing charges include four other former Ministry of Sports officials: Senior Principal Finance Officer Stephen Njoroge Muthuma, Director of Administration Harun Chebet Komen, Principal Accountant Enock Ondwari Onditi, and Senior Superintendent Engineer John Kiende Ruga.
Five businessmen have also been charged: Marcos Gonzalez Puente, director of Auditel Kenya; Samuel Mbaa Njoroge, director of Taxwise Consulting Limited; Kitheka Muema, director of Restea Enterprises Limited; Anthony Mwangi Kimanthi, director of Lease Pride Limited; and Ephrahim Kinyua Muchangi, director of Leasepath Limited.
The companies named for prosecution are Auditel Kenya, Taxwise Consulting Limited, Restea Enterprises Limited, Lease Pride Limited, Leasepath Limited and Liroma Assurance Services.
According to a draft charge sheet setting out the case in detail, the charges centre on a contract signed on September 14, 2017, between the Ministry of Sports, Culture and the Arts and Auditel Kenya for the design, supply, testing, commissioning and supervision of security, access control, communications, audio-visual and pitch lighting systems at stadiums, tender number MOSCA/CHAN/001/2017-2018.
Prosecutors allege that Kaberia signed the contract without following the procurement process required under the Public Procurement and Disposal Act, 2015, before authorising an advance payment of USD 3,154,322.40, equivalent to roughly Sh330.57 million, to Auditel Kenya.
The charge sheet details how that payment was allegedly processed. It alleges that Muthuma and Onditi, on January 18, 2018, instructed the National Bank of Kenya to credit Sh330,573,997.50 to an Auditel Kenya account held at Bankinter, a bank in Madrid, Spain, without confirming that a proper procurement process had taken place.
Komen is separately accused of signing the payment voucher for the advance without ensuring that the accompanying payment guarantee had been issued by a bank in Kenya recognised by the Central Bank, as required, rather than directly by the Spanish lender.
Ruga, then a member of the CHAN 2018 infrastructure sub-committee, is accused of requesting the advance payment despite being aware that Auditel Kenya had not yet taken over the relevant stadia to begin the contracted works.
Puente, as director of Auditel Kenya, is separately charged with unlawfully acquiring the Sh330.57 million payment and failing to carry out the works required under the contract. Several of the businessmen face additional charges of acquiring proceeds of crime, accused of receiving funds traced back to Auditel Kenya’s Spanish bank account between January 2018 and July 2020.
Kitheka Muema allegedly received Sh25.68 million through Restea Enterprises, Ephrahim Kinyua Muchangi allegedly received Sh2.96 million through Leasepath, Anthony Mwangi Kimanthi allegedly received a combined Sh8.8 million across three separate transactions through Lease Pride, and Samuel Mbaa Njoroge allegedly received a combined Sh3.5 million through Taxwise Africa Consulting and Liroma Assurance Services.
Kaberia, Komen, Muthuma and Onditi additionally face financial misconduct charges under the Public Finance Management Act, 2012, over the same transactions. In total, the accused face charges including abuse of office, unlawful acquisition of public property, wilful failure to comply with procurement law, acquisition of proceeds of crime and financial misconduct.
Kenya was originally selected to host the 2018 CHAN tournament before being stripped of hosting rights after failing to meet the required infrastructure and preparation standards, with the tournament ultimately going ahead in Morocco instead.
Former Football Kenya Federation (FKF) president Nick Mwendwa, who had previously come under investigation in connection with the same matter, does not appear among those named for prosecution in this latest announcement.
The EACC has separately confirmed that it has initiated civil proceedings seeking the recovery and forfeiture of public funds and assets it alleges were acquired through proceeds of crime linked to the case.
The Office of the Director of Public Prosecutions said the case reflects its wider commitment to upholding the rule of law and accountability in the management of public affairs.
“The Office of the Director of Public Prosecutions (ODPP) reaffirms its unwavering commitment to upholding the rule of law, safeguarding public resources, promoting integrity, and ensuring accountability in the management of public affairs,” the statement read.
Email your news TIPS to Editor@nairobilawmonthly.com, and to advertise with us, call +254715061658 anytime of the day
