EACC ON THE SPOT FOR CONCEALING CRUCIAL DOCUMENTS IN A GRAFT CASE.

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Nairobi County Government Director of Procurement Solomon Okello before Anti-Corruption during a cross-examination by lawyer Mburu at Milimani law courts on Wednesday February 2,2016.
BY SAM ALFAN.
The Ethics and Anti-Corruption Commission (EACC) has been put on the spot for concealing crucial documents in a case where two senior county officials are accused of embezzling Sh17 million.

The defense of suspended Nairobi County chief finance officer Jimmy Kiamba and county secretary Lilian Ndegwa alleges that the anti-graft agency has failed to release important records that will be used against them in the case.

Through lawyer Paul Ng’arua they claim that Ethics and Anti-Corruption (EACC) is concealing evidence by denying them the crucial documents.

The defense during the hearing of the case on Wednesday said the prosecution should be restrained from ambushing them with documents three days to the trail.

“The documents are relevant to the accused persons since they will assist them on the trial,” said Ng’arua.

The suspended officials also claim that during a cross-examination of the director of procurement Mr Solomon Okello, it came out that he had received a request to produce certain documents. He added that EACC said the documents could not be availed at that moment.

Ng’arua claims that the witness needs to be recalled once they receive those documents for further cross examination. They claim the documents are important for the cross-examination of the first two witnesses.

Earlier this year the former officials told the court that the prosecution had not supplied them with contract documents that is using in the trial.

The suspects, who have been charged with three other City Hall officials, have denied that they conspired to steal the cash through false purchase of window blinds for the office of the chief finance officer.

Okello had initially linked the officials to a raft of irregularities in the procurement of the window blinds.

He said that they single-sourced the tender and went out of their way to award the supply contract to an undeserving entity.

“An open tender is preferred, the user department initiates the procurement, which is later approved by the chief finance officer for the department,” he said, adding that some documents were altered, stamped by the county secretary and returned to the chief finance officer for approval.

“The witness presented a memo indicating that authority to incur expenditure for the purchase of window blinds had been approved. It stated that the need had been occasioned by ongoing construction work taking place by his office,” Mr Okello said. The case continues tomorrow.

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