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"speaker_name": "Hon. (Eng.) Gumbo",
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"legal_name": "Nicholas Gumbo",
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"content": "The Committee finds the then Principal Secretary, Eng. Peter Oganga Mangiti as responsible for the loss of public funds. The Committee apportions responsibility to individuals at the Ministry and NYS as per article 226 (5) of the Constitution which has been cited above. Those found guilty are recommended for barring from holding public office and/or specific punitive sanctions. Business persons were used in the scheme, led by Ms. Josephine Kabura Irungu and Mr. Benson Gethi Wangui, with a complicit financial system aiding money laundering. The Committee recommends prosecution of the individuals, blacklisting of the firms, as well proposals for financial institutions to strengthen the law to seal loopholes which aid in money laundering. The Committee further recommends investigations of the relationship between the directors of certain companies with public officials at the Ministry and the NYS, including a thorough audit of their lifestyles. Further, the Committee makes the following recommendations:- (1) That the Judiciary expedites the prosecution of criminal case CMC Court Cr. C No.1905/2015 (Republic vs. Eng. Peter Mangiti and 24 others) (Charge sheet annexed this report as Appendix 4). The Committee recommends that Eng. Mangiti be barred from holding public office, if found guilty after due process. (2) The Judiciary expedites proceedings of money laundering case No.301/206 (Republic vs. Josephine Kabura Irungu and 10 others) (Charge sheet annexed this report as Appendix 5); (3) The Directorate of Criminal Investigations (DCI) and the EACC conduct thorough investigations into all payments made through IFMIS from the Ministry of Devolution and Planning including the NYS over the audit period amounting to Kshs23 billion to establish: i. The names of the directors/proprietors of all companies/businesses which received these payments; ii. Whether the directors/proprietors had any relations with senior Ministry/NYS officials; iii. Names of the banks into which the payments were made including names of signatories to each of the accounts; iv. Names of all the end recipients of funds from these accounts; v. The procurement process leading to the award of these contracts and/or whether any contract agreements were signed prior to commencement of the works/services. Copies of such contract agreements should be availed for scrutiny; vi. Whether local purchase orders/local service orders were issued prior to award of these contracts; vii. Whether actual goods and services were delivered prior to payments being made, including a demand for presentation of authenticated/signed/stamped delivery notes/inspection and acceptance reports; viii. Whether the Kenya Revenue Authority (KRA) received the due portions of taxes from the payments on the purported goods and services delivered over this period from the individual firms and recipients of the funds. Where due taxes were not paid, the KRA immediately commences recovery processes, complete with applicable penalties. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}