City cartels behind Elachi governorship court case – Weekly Citizen

A move to control and loot billions owed to suppliers and contractors is linked to the current leadership war at Nairobi county City Hall.

Ethics Anti-corruption Commission cleared for payments of what it termed genuine pending bills.

In a letter to the county secretary Leboo Morintat, EACC chief executive officer Twalib Mbarak dated February 5 2020 reads: “We are of the view that the county government can pay the genuine suppliers and contractors in line with the existing laws and regulations on public finance management.

Sonko

Informed sources say, after EACC green light, cartels moved fast and prevailed upon speaker Beatrice Elachi to move to Supreme Court regarding a lacuna in the law in the absence of both Governor Mike Mbuvi Sonko and his deputy.

If the court allows Elachi to run, then the cartel will be free to loot City Hall as business as usual. It is said, the cartel’s worry is that recently Sonko reshuffled his cabinet indicating he is still calling shots at the county.

The cartel’s initial thought was the court had locked Sonko out of City Hall management until his case was determined.

Other sources indicate, county MCAs are worried that with the current crisis at City Hall, Uhuru Kenyatta has mooted a plot to dissolve it and all the MCAs and county assembly team including Elachi will be sent home.

Analysts aver, fearing the state is bound to dissolve the county, MCAs have decided not to impeach Sonko as they will be caught in the crossfire.

In the petition, lawyer John Diro wants the court to give direction whether there is a vacuum in the office of the governor and whether Sonko is allowed to appoint a deputy in current circumstances.

Kahiga

The petition also seeks constitutional interpretation on whether the speaker of the assembly can assume the office as per the law with full powers vested in the governor in the absence of both the governor and deputy.

Already, EACC has unearthed suspicious payments at City Hall days after Sonko was charged in court.

Informed sources reveal that the governor was privy to fraud payment of pending bills in finance department by officers in charge who were capitalising on the current crisis being experienced at City Hall ever since Sonko was denied access to his office by the courts.

Weekly Citizen has information that the queen of corruption on EACC radar is embattled and transferred Pauline Kahiga who was heading the finance docket. Recently, Sonko replaced her with Allan Igambi, initially trade CEC.

Documents we have show that Kahiga enlisted firms associated with her mother to mint millions of shillings at City Hall to avoid trace in banking payments. The three firms at the centre of corruption are Nanku company operated by Nancy Kahiga who is a sole director. Wanjiku is the embattled CEC finance. Another firm Castan Enterprises is owned by Pauline’s blood relative while Great Lakes International Company is associated with her sidekick-cum-secret lover. Although married, Kahiga is known for her loose pants at City Hall even in her office.

Mbarak

Sources reveal that using her position in the finance docket, she pushed to have the three companies paid millions of shillings in questionable pending bills that saw whistleblowers in the department fearing arrest leak information that led to her removal from docket.

To cover up and win protection, Kahiga brought on her side Nairobi assembly speaker Beatrice Elachi. Information we have is that, Kahiga used to claim that Uhuru Kenyatta and ODM leader have secretly anointed Elachi to run City Hall activities by virtue of deputy governor office being vacant. To this effect, Elachi was receiving protection fee running into millions for those to get pending bills paid.

At one time, Elachi tried to to force the director of Ifmis at National Treasury to upload some payments amounting to millions of shillings in the system before the passing of the supplementary budget using the name of Uhuru and Raila. As Elachi was using Uhuru and Raila names, Kahiga was using a top Treasury official to push for payment of the suspicious pending bills at City Hall.

Already, the Auditor General has flagged Kahiga’s firm Nanku Ltd after it was paid millions of shillings in pending bills for supplying air.

The EACC at one time wrote a letter instructing National Treasury PS Julius Muia to stop payment of pending bills at City Hall after Kahiga was exposed for using her influence to pay millions of shillings to three firms owned by her mother. Kahiga is now facing investigations over conflict of interest, flouting of PFM Act among other crimes.

Kahiga was overheard boasting that Elachi associated with Kieleweke in Jubilee government had helped her clear with EACC and that is why genuine pending bills had been allowed to be paid.

Using her connections Kahiga fought and lobbied to be reinstated as the CEC for finance to counter her moves,

City Hall’s lawyer Harrison Kinyanjui filed a suit at Milimanii Court against the Government Printer CEO and Attorney General.

Kinyanjui in court papers petitioned a letter that was written by Government Printer CEO to be quashed and furthermore he be compelled to revoke the contents in the letter. Sources say the CEO was dropping the name of Karanja Kibicho, the powerful Interior principal secretary to protect Kahiga.

“Leave be granted to operate as stay of any effecting implementation of the said letter,” Kinyanjui said.

Through the Government Printer, the CEO rejected a purported Gazette notice, that had degazetted the appointment of Kahiga as the county executive for finance as of December 5 2019, terming it illegal and was not in accordance with law; Article 179 of the constitution and other applicable laws.

Leboo

“The purpose of this letter, therefore, is to inform you and all relevant authorities that we have done appropriate corrigenda in the Kenya Gazette, reverting to the status quo prior to notice number 172 of December 13 2019,” the CEO stated. City Hall has accused Government Printer of acting in a subjective manner of imposing himself powers which he does not hold.

Kinyanjui accused printer for declaring the notice illegal, thus challenging the governor’s power to reorganise his already appointed CECs.

The lawyer claimed, operations at City Hall involving payment of creditors and other financial affairs risk coming to a standstill if the current CEC for trade Igambi is not recognised as the CEC for finance.

A section of ward reps at evicted Kahiga from office.

Sonko reshuffled the cabinet that saw suspended executives Charles Kerich (lands, urban planning and housing) and roads and transport’s Mohamed Dagane return.

New faces in the cabinet to be vetted are Karen Nyamu (agriculture) and George Fredrick (trade and commerce).

Vesca Kangogo, who has been in environment and acting for health has been moved to devolution.

Hitan Majevda is CEC health as Newton Munene holds ICT docket and Lucia Mulwa remains in education ministry.

Kahiga was sacked together with Winfred Gathangu on January 30 2019.

Kahiga before her sacking had written a letter to acting controller of budget Margaret Nyakango regarding the payment of pending bills by the county government of Nairobi.

“The county treasury intends to immediately commence payment of the eligible pending bills. For purpose of accountability and transparency, we hereby request your institution to nominate a person who will sit with our county treasury team to vet the list of payments against the list verified by the Special Audit of the Office of the Auditor General at Committee Room, City Hall beginning Monday February 3 2010,” reads her letter.

The letter was copied to head of public service, cabinet secretary of the National Treasury, acting Auditor General, EACC CEO Twalib Mbarak, director of Criminal Investigations George Kinoti, speaker of the county assembly and the acting county secretary