BY SAM ALFAN.
Two companies whose accounts were frozen over the purchase of two 26 million motor vehicles meant for the Wajir County Government now want the order lifted.
Daayo Construction and General Supplies Limited and Fine Trust Construction Company filed the application seeking to set aside orders obtained by Ethics and Anti-Corruption Commission freezing its bank accounts pending investigation into the purchase of two motor vehicles.
The companies were barred on February 12 from transferring or dealing with the funds in the account at KCB Wajir Branch, for six months.
“This court do hereby discharge orders issued on February 12 restraining Fine trust Construction company its agents or servants from transferring , disposing or dealing in anyway with account number held at KCB bank Wajir branch for a period of six months”, urged the companies.
They argued that the delay in filing of the application was caused by EACC, who served them with the orders six weeks, after they were obtained.
They further submitted that the delay was compounded after Fine Trust Construction Company director Yasmin Jama Abdullahi gave birth, while her spouse Osman Abdi Jimalle who is a director of Daayo Construction and Supplies limited, fell sick.
The High Court froze the account for six months pending investigation on alleged misappropriation of money meant for the purchase of two motor vehicles for Wajir Governor at a cost of Sh26 million.
It is alleged that Sh12 million paid for the purchase of governor vehicle was transferred to the account of Fine Trust Construction Limited
Justice Hedwig Ong’undi had also ordered that a Toyota Land cruiser VX 8 LC 200 SERIES KCQ 004U should not be disposed of in any manner during the period, while directing EACC to take custody of the vehicle, for inspection and valuation, pending conclusion of the investigations.
The agency also applied for Cosmos Cars Limited barred from disposing, wasting, dealing or transferring Toyota Land cruiser VX 8 LC 200 SERIES KCQ 004U.
According to affidavit by investigating Officer Eric Otieno, he said they are investigating allegations that 26 million public funds intended to purchase two vehicles for Wajir Governor were misappropriated.
The two companies claimed they were aware of the said orders they were denied access to the said bank account held at KCB Bank Wajir Branch.
“I made several unsuccessful efforts to obtain copies of the relevant preservation order and the application for the said order from KCB bank Wajir branch but was referred to EACC”, they claim.
EACC is also investigating the tender number WCG/T/416/2017-2018 which they suspect was irregularly awarded to Daayo Construction & Suppliers limited.
But the companies are claiming the allegations are not supported by evidence as the relevant annual budget of the said county government was not produced before the court by the said investigator.
“There is evidence to show that the said procurement had been planned for by the county government of wajir in its annual procurement plan for the 2017/2018 Financial year as envisaged under the public procurement and Assets Disposal Act ,2015”, said the company.
They claimed county government of Wajir placed a tender notice in the Saturday local daily of February 3,2018 inviting bids through tender No.WCG/T//416/2017-2018 for the delivery of one Toyota Land cruiser VX 8 LC 200series and Land Cruiser heavy duty pick up and they submitted a bid for the said tender and was successful.
“EACC failed or neglected to inform the court that the contractual sum with respect to the aforesaid tender was Kshs. 39,440,000″, they said.
The companies added that the contract between the county government of Wajir and Daayo Construction and General Supplies to purchase two vehicles at a total costs of Kshs. 39,440,000 and not at a cost at Kshs. 26 million as claimed in the said application.
” I wish to state that on or about the July 3,2018, Daayo Construction and General supplies gave a friendly loan of Kshs. 12 million to the Fine Trust Construction Company which is a sister company.
They submitted that no evidence was produced by the commission to show that it had any grounds to believe that the aforesaid transfer of funds from Daayo to the Fine trust was intended to embezzle funds belonging to the county government of Wajir as claimed by the commission.
The expenditure of 26 million to purchase two motor vehicles for the Wajir Governor were not budgeted in the financial year 2018/2019.
“We obtained warrants to investigate Daayo Construction & Suppliers limited Kenya Commercial bank account Wajir branch and established that the county Government of Wajir had transferred 26 million to Daayo account on 2.7.2018,” said EACC investigator.
They adds that on 3.July.2018 Daayo Construction & Suppliers limited transferred shilling 14 million to Cosmos Cars Limited ostensible to purchase the motor vehicles sought by the Wajir County Government and remained with with 12 million.
On 3.7.2018 Daayo Construction for unknown reasons irregularly transferred the balance of 12 million to Fine Trust Construction Co. Ltd thereby fully expending the 26 million advanced by the county government.
The matter was fixed for hearing on April 24.
