Bomet Governor Hillary Barchok.
Bomet Governor Hillary Barchok and the County Public Service Board (CPSB) have been granted two weeks to take disciplinary action against 18 officers implicated in Sh1.573 billion fraud.
Members of the County Assembly on Thursday voted in support of a motion demanding that the officers fingered by the Ethics and Anti-Corruption Commission (EACC) in the alleged fraud be removed from office forthwith.
The assembly’s resolution compels Prof Barchok to take action against the officials named by EACC for gross violation of the Leadership and Integrity Act, the Constitution 2010 and the Public Officers Act among others.
They include three County Executive Committee (CEC) members - Andrew Sigei (Finance), Dr Joseph Kirui (Administration), and Eric Ngetich (Roads) who were arrested, questioned and made to record statements on their alleged involvement in the fraud.
Others are Chief Officers Erick Chepkwony (Finance), Solomon Kiprotich Kimetto (Water and Sanitation), former Chief Officer Finance Bernard Cheruiyot, and Beatrice Chepkoech Rotich the Director of Procurement.
The officials are alleged to have siphoned public funds paid to companies owned by themselves, family members and proxies, that they abused their position of trust and authority to embezzle public funds through collusion and fraud, and by making payments for substandard work or nonexistent services.
“It is noteworthy that the County Assembly rose to the occasion by sending home three CECs through an impeachment long before EACC took action.
"We also want the governor and County Public Service Board to take administrative action against the officers named in the ongoing investigation,” said Mogogosiek Ward Representative Ernest Rotich Kipkemoi, the mover of the motion.
Mr Kipkemoi said should the CPSB fail to act on the matter within the stipulated period, Prof Barchok is empowered by resolution of the House to have the officers step aside.
“For the county to lose Sh1.573 billion, there are officers in senior and junior positions who colluded in the fraud that is under investigation. It is important that all those involved are asked to step aside until the investigation is completed,” Mr Kipkemoi said.
Mr Stephen Changmorik, the Longisa County Assembly Member who seconded the motion, said legal and administrative action should be taken against the officers involved in the fraudulent activities.
Nominated Member of the County Assembly Victor Rop moved an amendment to the motion, requiring the County Public Service Board (CPSB) to ensure action is taken against the said officers within 14 days of the motion being passed and adopted by the Assembly.
“Investigating agencies are on the ground investigating the matter, yet the same officers who have recorded statements are still in office. Those who have recorded statements should step aside to facilitate investigation to be conducted,” Mr Rop said.
Probe interference
Mr Rop said the officers’ continued stay in office would jeopardise the investigations and that should they be cleared by EACC, they could resume their duties.
A total of 18 officials have in the last two weeks been arrested, interrogated and made to record statements with EACC. Initially, eight suspects were arrested on October 24, 2024 in a raid conducted simultaneously in their homes and offices.
Another 10 suspects were added to the list following emerging vital information the investigators uncovered in the course of the operation.
The CECs - Mr Sigei, Dr Kirui and Mr Ngetich - who were impeached on August 30, 2024, by the County Assembly are serving under suspension. The governor suspended them when the motion for removal from office was filed at the County Assembly.
The CECs are currently negotiating for reversal of the impeachment proceedings and their release from service by the county executive and they will be paid for the remainder of the contract term, which lapses in the next one year.
Houses of the officials were raided by EACC officers who carted away several documents in an investigation that is ongoing.
On November 23, 2024, EACC obtained search and seizure warrants from a chief magistrate’s court in Nairobi, leading to the raid in the homes of the initial eight suspects.
The commission later obtained more orders to widen the net in the corruption purge that has ensnared owners of proxy companies, relatives and associates of the architects of the graft in the devolved government unit, traced to more than six years ago.
Orders obtained from the court gave the commission powers to confiscate “documents, sale agreements, transfers, undertakings, jewelry, money, safe boxes, electronic gadgets, and things that are necessary for the conduct of any investigation into an offence”
EACC was also given powers by the court to use any reasonable force for the purposes of the search, and inform the court of the documents seized in the course of the operation.
The targeted officials were accused of taking part in the procurement of Sh 373 million roads equipment by the devolved government unit without due process being followed, while others face a probe over Sh1.2 billion allegedly paid out to several companies for work that was not done.
“Documents seized during the raid included incriminating material hidden in the houses of the many suspects show a top county official is a key beneficiary of the graft proceeds,” a detective involved in the investigations said.
The commission is finalizing plans to arraign the officials and their business associates in court over unexplained wealth that has been unearthed in the ongoing investigations with suspects arrested having revealed those involved in the syndicate and the paper trail
It is understood that the commission would also be seeking to recover the Sh 1.2 billion said to have been stolen by the suspects through dubious claims.
