The Ethics and Anti-Corruption Commission has filed a lawsuit seeking to recover Sh233 million from a senior supply chain director at the Ministry of Transport.
According to court documents, David Kinyae Isika fraudulently obtained Sh233,486,767 in tenders issued to companies controlled by his son, wife, and himself by the ministries he worked for.
The State Department for Housing and Urban Development, under the Ministry of Transport, Infrastructure, Housing and Urban Development, and Public Works, and the Nairobi Metropolitan Development, under the Ministry of Lands, Housing, and Urban Development, awarded the tenders to three businesses.
“Between January 2014 and June 2021, while working as a Senior Supply Chain Management Assistant 1, at the Nairobi Metropolitan Development within the Ministry of Lands, Housing & Urban Development and currently Senior Deputy Director, Kinyae abused his position of trust by participating in the award of tenders to companies associated with him,” read the statement by EACC.
“Being a public officer, Kinyae knowingly held a private interest in the transactions by companies with the ministries he worked with which private interest was in conflict with his public office.”
EACC stated in court records that Wanga-Tech General Enterprises Limited received contracts for Sh75,877,074.35, Davinka Suppliers and General Merchants Limited received Sh102,175,003, and Bruce Isika Kinyae T/A Brycen Smart Innovations earned Sh55,434,690.
Following the commission’s findings, Kinyae is listed as a director and shareholder in Davinka Suppliers until April 21, 2021, with his nephew, Urbanus Kioko Mbithi, and close allies Stanley Musembi and Peter Wambugu.
“Records obtained from Registrar of Companies show that during the period under investigations, David Kinyae was a director of M/s Davinka Suppliers & General Merchants Limited while his wife Eunice Wangari and his son Bruce Isika Kinyae were the directors of M/s Wanga- Tech General Enterprises Limited and Brycen Smart Innovations respectively,” EACC noted.
EACC said that Kinyae moved his shares/directorship as well as signed mandates in order to conceal his ownership of Davinka Suppliers and General Merchants Ltd.
The commission reportedly alleged that its investigations revealed that Kinyae wilfully violated procurement laws by failing to convene Inspection and Acceptance Committee meetings.
The commission said that “he faked Inspection and Acceptance reports by superimposing signatures of other members of the Committee.”
“Despite having been served with demand and notice of intention to sue, the defendants have failed and/or refused to make good the plaintiff’s claim,” the commission said.