EACC dismisses political witch-hunt claims in Kang'ata probe

 

The anti-graft agency has denied claims it is targeting some law firms in its probe into Sh400 million legal fees paid by the Nairobi government.

Senate Majority Whip Irungu Kang'ata's firm is among those under probe over the fees it received in 2018. According to the Ethics and Anti-Corruption Commission (EACC), it is targeting 25 law firms that did business with the trouble city government.

Kang'ata had cried foul, terming the move a political witchhunt and saying that other listed firms are just a decoy.

“Yes, I have the letter. This is politics. It is not a coincidence the investigation is being done three years after the payment... I am the real agent,” the Murang'a senator said.

"Criminal justice systems, including the EACC, should not be used to manage politics. Persuasion and free expression of thoughts should reign supreme. A messenger, however erroneous the information he brings, should never be harassed."

But EACC boss Twalib Mbarak said nothing could be further from the truth. 

"We are not targeting anyone in the probe. The problem is rampant in all counties where officials collude to steal from public coffers in the name of legal fees. We have asked for the documentation to ascertain the authenticity of the pending bills before they are cleared,” he said. 

“The matter is a menace in the counties. It cuts across and dates back to the period of the defunct local authorities.”

In a letter to the county secretary, the commission had requested documents dating back to Governor Evans Kidero tenure. Ousted Governor Mike Sonko’s reign is also covered.

“The commission is undertaking investigations at the county in respect of payment of legal fees to the listed law firms. To facilitate our investigations, kindly and urgently furnish us with the original documents sought,” reads the letter dated January 21.

The sought particulars include specific case files handled by the firms, including details of the cases, letters of instructions and contract agreements between 2013 and 2020.

The commission also asked for all the payment vouchers and cheque counterfoil, list of pre-qualified law firms for the year under review, minutes approving the list of pre-qualified law firms and any other document relevant to the investigation.

EACC chief executive Mbarak pegged the figure under probe at about Sh400 million and faulted the rising cases of questionable pending bills on legal fees.

Kang'ata has been in the limelight following his perceived stance on the Building Bridges Initiatives (BBI). This was after he wrote to President Uhuru Kenyatta and told him to change tack in the marketing of the BBI in Central Kenya.

His outburst has received criticism from with Jubilee Party, with some faulting his mode of communication, yet he has direct access to the head of state.

Ten governors from the region, through their caucus chaired by Nyandarua Governor Francis Kimemia, accused Kang'ata of exercising ill-judgment, saying there was a better way he could have shared his personal opinions with the President.

Deputy President William Ruto allies in the Mt Kenya region have in the recent past accused the state of weaponising the war on graft by going after them for their stand.

But Mbarak dismissed the claims, saying the issue of legal fees paid to law firms has been thorny and questionable, hence the need to establish if all procedures were followed in the award of them the contracts.

He said they will extend the probe to other counties as a way of addressing the menace. The other named legal firms in the letter refused to comment, with partners saying the matter is under investigation and should be left to the investigators.

The Nairobi county assembly has over time lamented and raised concerns over money paid to legal firms. In a 2016-17 report, the Auditor General expressed concern about the money spent by the legal department, citing Sh592.4 million unauthorised payments.

In February 2019, the assembly Public Accounts Committee found that the legal department spent Sh480 million, more than four times the Sh100 million budgeted for. The payments were made without documentary evidence.