Blog Page 271

COURT TOLD HOW JUBILEE PARTY OFFICIAL OBTAINED SH25 MILLION FOR ‘FAKE’ TENDER.

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Jubilee Party “Secretariat impostor” Grace Mwarania Waigumu before a Nairobi Magistrate Court where she pleaded not guilty to several charge's.

BY NT CORRESPONDENT.

A woman who the prosecution claims that she is Jubilee party imposter has been arraigned before the Milimani Law court.

The Jubilee Party “Secretariat impostor” has been charged before a Nairobi court with fraudulent obtaining over Sh 25 million from several member of the public by falsely pretending to have been awarded tenders by the party.

The accused Grace Mwarania Waigumu is facing three counts of obtaining money by false pretenses and 17 other counts of issuing a bouncing cheques.

The court heard that accused person  obtained Sh 23.9 Million from Abdiwahab Adan Ibrahim by falsely pretending that she had been awarded a tender to supply Jubillee, T-Shirts, Caps Bags, Lesos and wristbands and was in a position to pay the said cash

She is alleged to have committed the offence on diverse dates between December 2016 and November 17, 2017 at various places in Nairobi County.

Mwarania was also charged with obtaining Sh 1 million from John Kiama Mbugua on diverse dates between August 16, 2017 and September 3, 2017 pretending she was in a position to supply the same items.

She is also accused person was charged with obtaining Sh1, 930,000 from Brian Manyara Ngumi on diverse dates between August 4 2017 and September 30 2017 using the same tricks.

Mwarania was further accused of issuing seven bouncing cheques to Adan on January 17, 2017 at Ridgeways Mall in Nairobi county amounting to Sh 8.4 million.
Court also heard that she issued Manyara with several bouncing cheques amounting to over Sh 2 million on diverse dates in August 2017.
The prosecution informed the court that the accused also issued similar cheques to Kiama amounting to Sh 1.65 million on August 31, 2017 at Sarit center in Nairobi County.
She denied the charges before Milimani chief magistrate Francis Andayi.
Mwarania is said to have disappeared after receiving the cash. She was later trailed and arrested on September 26, 2018 after which it was established that she was an imposter.

In another criminal case before same court, Mwarania was charged with obtaining credit.

She is accused incurring a debt to Mauline Achieng Otieno of Sh Sh 700,000 pretending she was in a position to pay by issuing a Chase bank cheque.

She is alleged to have committed the offence on August 22, 2015 at Family Bank Tower along Muindi Mbingu Street in Nairobi County.

The prosecution further alleged that the accused obtained Sh 5,000 from one Mercy Naliaka Mulongo pretending that she was a personal assistant to Kenya Ports Authority chairman and was in a position to assist her get a job as a data entry personnel in KPA Mombasa.

The accused is alleged to have obtained the money via M-Pesa on June 15, 2018 in Nairobi County.

Mwarania is also accused of obtaining Sh 320,000 from Salome Pamela Ondara pretending she was in a position to sell her a Toyota fielder from the KPA auction between July 13 and 30, 2018.

The court on the same dates and place she obtained another Sh 10,000 via M-pesa from Nathan Kipkemboi Kibet pretending that she was in a position to sell him a Toyota Fielder.

She was granted a total bond of Sh 1.5 million or alternative cash bail of Sh 800,000. The case will be mentioned on October 9 and will be heard on October 30, 2018.

The prosecution had objected her release on bail for seven days in order for police to complete investigation to various complaints raise by victims countrywide.

According to the police the amount of money involved is substantial and nothing so far has been recovered and they yet to investigate her several accounts which have been identified as her release will jeopardize recovery if the alleged stole money is in the said accounts.

Detective also want more time to investigate the woman.

UNION OFFICIALS DEMANDED FOR BRIBE TO CALL OFF STRIKE, SONKO TELLS COURT.

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Nairobi County Governor Mike Mbuvi Sonko testifying in a case two officials are facing corrupt charge's.
BY SAM ALFAN.

Nairobi County Governor Mike Mbuvi Sonko has confirmed that two top officials of workers union demanded Sh 1 million in order to call off  strike that threatened to bring halt  the operation of Council in 2017.

The city county boss revealed  to the court that he uses people whom he trust and gadgets in recording and trapping  people who ask bribe from him.

“I did not offer any offer and anyone who asks for bribe from me, it is known what I do,” said Sonko

Sonko denied offering 200,000 shillings to the union officials who are allegedly accused of demanding for a bribe so as to call off strike over unpaid salaries during his first days inthe county as the boss.

The  governor while  giving evidence before Chief Magistrate Douglas Ogoti, said Mr Benson Olianga Oriaro Union secretary general and his deputy John Benard Murioki, solicited for bribe which  he refused to give.

He testified that the money  was being demanded after the union issued strike notice through a letter dated  10 October 2017  when he was only one month old in office.

In declining  to submit to the demand of the  two accused persons, he instead  sought  time to consult how  workers  were  going to be paid their salaries  for the month of September 2017.

” Had just  taken over from former Governor Evans Kidero and discovered that there was rampart corruption within the County I could not  allow the same to spread to my office” he said.

Sonko further admitted he used to have issues with manning the county during the first days but no longer have issues with the workers .

“I cannot give any bribe to any county official, “said Sonko.

He told trial Magistrate, that  when the accused insisted for the  bribe, he took action by  having the matter reported to the  Ethics and Anti Corruption Commission for investigation.

The  commission did send its officers with treated money which they gave the accused in their office and were subsequently arrested before being  arraigned in court.

Its my complaint  that led to the arrest of the two accused who are before the court whom he identified upon being  asked by the prosecutor.

The  governor  while cross examined by the accused lawyers, Bryan Otieno and Bernard Muriuki, said  he was out to fight corruption in the County.

The two are facing six graft charges

MUKTAR MURDER SUSPECT TO REMAIN IN CUSTODY DESPITE BEING RELEASED ON BAIL.

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Mohamud Hussein Aden and Juliet Charity Njoki accused with attempted murder of murder of former Garissa finance Executive Idris  Aden Muktar before Nairobi Court on Wednesday September 12,2018/PHOTO BY S.A.N.

BY SAM ALFAN.

High Court has overturned a magistrate decision that released on bail two accused persons charged with attempted murder of former Garissa finance Executive Idris Aden Muktar.

The judge suspended the order to release Mohamud Hussein Aden and Juliet Charity Njoki after victim family lawyer Charles Kanyama applied for revision.

“In circumstances an order of stay of release of Mohamud Hussein Aden and Juliet Charity Njoki is hereby granted pending the hearing and determination of this application interpartes on 27 September 2018 at 2:30 pm” ordered the judge.

The judge further ordered the deputy registrar to call for the original trial court record so that the same is before court.

City Lawyer Charles Kanyama applied for review of ruling made by Nairobi Chief Magistrate Francis Andayi that released the two accused person on cash bail yesterday afternoon.

The Magistrate released Muhammud Hussein Aden and Juliet Charity Njoki on a cash bail of 500,000 and bond of 1 million and two surety. They were also ordered to deposit their traveling documents in court.

Mr Kanjama in his letter detailed the circumstances of the case before the trial court.

He told the court the matter is very urgent and critical matter which need to be handled before the accused leaves the jurisdiction of the court.

“We request this court’s indulgence to admit and hear and determine this revision brought about by the ruling of the Chief Magistrate with extreme urgency”. State Victim lawyer.

https://nairobitimez.co.ke/2018/09/12/two-in-court-over-attempted-murder-of-former-garissa-finance-boss-muktar/ via @Nairobi Times

In his review letter to the high court, Kanjama stated that before the ruling , the family of Idriss Muktar received information from one Ahmed Aden Hire that the accused.

Mohamud Hussein Aden is a Senior Security Adviser of Garissa Governor Korane Ali Bunow and he has been working as such since the said county government came into power after the 2017 general election.

” The accused Mohamud Hussein Aden is also on the payroll of the county government. This is contrary to the accused averment that he is a businessman in Machakos county and has been so for the past 13 years” state the letter.

The two Mohamud Hussein Aden and Juliet Charity Njoki are accused that on 19 of August this year at White Star Restaurant along Kandara road jointly with others not before court unlawfully attempted to cause death of Idris Muktar Adam by shooting and injuring Muktar.

Prosecution further accused the two that on diverse dates between 1 of July and 27 of September this at unknown place in Nairobi , jointly with others not before court conspired to kill city lawyer Charles Njiru Kanjama.

They pleaded not guilty to the charges.

SONKO TO TESTIFY IN COUNTY UNION OFFICIALS GRAFT CASE.

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Nairobi County Government Workers Union secretary Benson Oliang'a Oriaro and his deputy John Muriuki before Nairobi Anti-corruption court on Wednesday September 26,2018/PHOTO BY S.A.N.

BY NT CORRESPONDENT.

Nairobi County Governor Mike Sonko is expected to testify in a graft case against two top county workers Union officials tomorrow.

The two are accused of soliciting for Sh 200,000 to assist a colleague to be included with other workers to demand for over Sh 18 billion delayed salaries for the November 17,2016.

The Governor is among other prosecution witnesses listed to give their testimonies in the corruption case against against the two County Government Workers Union Nairobi secretary Benson Oliang’a Oriaro and his deputy John Muriuki who have since denied several graft charges against them.

Oriaro and Muriuki were also charged afresh yesterday before trial Magistrate Douglas Ogoti of Anti Corruption court after the prosecution amend some particulars in the charge sheet.

The Oriaro alone is accused that on October 16 2017 , being a employed by Nairobi City County Government of Nairobi as artisan II and being Secretary of Nairobi County Workers Union, requested for a financial advantage of Sh200,000 from Joab Odhiambo an aide to the Governor claiming he would influence Nairobi City County Workers union to engage in a scheduled parade to city hall to demand for their delayed September 2017 salary a matter related to the affairs of the said public body.

John Nyakaraga, who is investigating officer told the court that after the arrest, the two were taken to the EACC offices where they recorded statements before being arraigned in court.

He produced money Sh 250 ,000 that was recovered from the accused plus recorded discussion of the alleged bribe.

Nyakaraga told the court that the duo were brought to my desk after complaint was brought by Joe Odhiambo who is assistant to Governor sonko to the effect that Benson was requesting for a bribe of Sh 200,000 so that he will influence county workers not to parade city county workers in regard to their delayed September 2017 salaries .

The witness said after receiving the complainant he assigned another officer to translate the conversation from audio recording made by Odhiambo from Luo to English.

“From conversation I established the suspect was agreed they had met the previous day and they had agreed to meet on October 17. I also established the suspect was asking for a bribe of Sh190 ,000 to stop the workers from parading to city hall and they agreed to meet at CBD, “said the IO.

He produced a disk with conversation recorded on 17 October 2017 in court as exhibit.
The duo according to the prosecution allegedly committed the offence on 16 and 17 October 2017 at Nairobi County.

The court ordered each of the accused persons out on a cash bail of Sh 200,000 or alternative bond of Sh 500,000 and reporting to Anti- corruption commission every Friday of each month.

KIDERO SEEKS TO BLOCK EACC FROM SEARCHING HIS ASSETS, SAYS EACC LACK POWERS TO INVESTIGATE AFFAIRS OF MUMIAS COMPANY.

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Former Nairobi Governor Dr Evans Kidero before Nairobi Anti-Corruption Court when he pleaded not guilty/PHOTO BY S.A.N.

BY SAM ALFAN.

Former Nairobi Governor Dr Evans Kidero is seeking orders to stop EACC from further searching and seizure of his property pending hearing and determination of the case.

“Order be issued restraining EACC through it agents or investigators from purporting to search,seize and continue to seize  the 2nd -10th petitioners property” Kidero says.

The court documents filed under certificate of urgency, he want the high court to suspend further execution of search warrant dated 19 September this year by the EACC.

Dr Kidero, his wife Susan Akelll Mboya,Gem investments , Gem Apartments , Gem Suites, Orro Limited, Argenti Limited and Paul Aoi wants the court to isue mandatory order compelling the immediate surrender of their property which were searched and seized without any warrant on 20th of September this year pending hearing and determination of the case.

The former Mumias Sugar Company Managing director describes himself in his  court documents as a man of means who has accumulated his wealthy gradually over the course if years since his first employment way back in the year 1983 and he has invested heavily in various fields including, real estate ,stock markets, shares and industry service.

According to court documents, detectives obtained the search warrant on 19 of September from the Chief Magistrate which he was being investigated over her alleged misappropriation of public funds Abe illegal acquisition of wealthy by Mr Kidero while he served as a Nairobi County Governor and Managing director of  Mumias Sugar Company Limited.

Dr Kidero want the search warrant dated 19 September is unconstitutional , defective and ought to be quashed and EACC does not have jurisdiction to investigate the affairs of Mumias Sugar Company since the entity is a private company and not a public company.

He claims after his exit in politics last year , he has been the recipient of continued threats, attacks , harassment, witch-hunt and intimidation by EACC. He claims he was arrested by EACC on 8th of August for alleged commission of economic crimes while he was the Nairobi Governor and the criminal case is still on going.

Mr Kidero further argues that on 20th of September traumatized, shocked ,terrified, humiliated when EACC detectives raided his Muthaiga home at 4:00 a.m in the morning.

He claimed EACC officers came armed with search warrant dated 19th September 2018 and he  was held hostage and falsely imprisoned at his home to about 12:00 p.m with no consideration of his dignity. Similar raid were made in his kisumu and his office at Westlands in Nairobi.

During the raid detectives seized different documents and properties belonging to his wife and children. He also said they went ahead and seized the documents and properties of Kidero’s late wife  and son 3/4.

High Court Anti-Corruption Presiding Judge Hedwig Ong’undi certified the application urgency and directed the application to be served together with petition within three days and inter parties hearing on 4 of October.

OBADO TO SPEND MORE DAYS IN CUSTODY OVER PERCEIVED WITNESS INTERFERENCE. 

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Migori Governor Okoth Obado before High Court Criminal Division Presiding Lady Justice Jessie Lessit.

BY NT CORRESPONDENT.

Director of Public Prosecution has opposed Migori Governor charged with murder to be released on bail.

Prosecution argued that the murder charge facing Obado was complex and serious, hence denial of bond or bail.

An affidavit sworn by investigator attached to the homicide section, Clement Mwangi, says there’s a high likelihood of Obado interfering and intimidating key prosecution witnesses if released on bail.

He further says investigations are not yet complete and that investigators will be proceeding back to Migori county offices for further investigations which include interrogating Obado’s close family members, and county employees.

“The release of the accused person on bail pending hearing and determination of the trail is not absolute and is at the discretion of the court,” affidavit state.

The officer indicates that in the view if the intricate relationship between Obado and confessions recorded by some suspects, it would be extremely dangerous to release Obado on bail adding that he is a serious danger to the society and witnesses that may appear in the matter.

Ondari said there are threats and intimidation to scare the witnesses in the case.
“Such are considerations that the court must take into account when deciding to release the person on bond or not,” he said.
Prosecution claimed that Sharon’s family is under threat and intimidation which threats are believed to be perpetrated by Obado’s accomplices.

Prosecution argues that the three abductors or hit men are still at large and that they’ve evidence which links the governor and his accomplices to the commission of the heinous crime.

“Investigations reveal that the State has a very strong case and the accused and his accomplices,” the affidavit states.

The Governor lawyer Cliff Ombeta asked the court to grant their client bail on grounds that he would abide by its decisions. However, the prosecution mounted a fierce opposition to the argument.

Lawyer Cliff Ombeta argued that murder is a bailable offense adding that denying him will be infringing his constitutional rights.

In addition, the court heard that the accused will not interfere with witnesses.

“The prosecution should not forget there is witness protection. If a witness is vulnerable they should have put him there,” submitted Ombeta.

He added that the constitution provides that once an accused has been produced before court, then right to bail is self-activating.

Obado will spend two more nights at the Industrial Area GK Prison. This is after court denied him bail pending ruling by Lady Justice Jessie Lessit.

TOP NAIROBI COUNTY UNION OFFICIALS SOLICITED FOR SH 200,000 TO ASSIST COLLEAGUE, COURT TOLD.

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Officials of Nairobi City County Workers Union Benson Olianga Oriaro Union secretary general and his deputy John Benard Murioki escorted to Milimani Law Court basement cells on Tuesday July 10,2018/PHOTO BY S.A.N.
BY SAM ALFAN.

Top officials of  Nairobi City County Workers Union had solicited  for  Sh200,000 to assist a colleague to be included with other workers to  demand for delayed salaries for the month November 17, the court heard.

Benson Olianga Oriaro who is a  Union Secretary General,  is accused on 16th of October 2017 , being a employed by Nairobi City County Government of Nairobi as artisan II and being Secretary of Nairobi County Workers Union, requested for a financial advantage of Kshs. 200,000 from Joab Odhiambo claiming he would influence Nairobi City County Workers union to engage in a scheduled parade to city hall to demand for their delayed September 2017 salary a matter related to the affairs of the said public body.

A witness Job Ogolla  told Anti Corruption Chief Magistrate Douglas Ogoti, that, the accused Benson Olianga Oriaro Union secretary general and his deputy John Benard Murioki received Sh 50,000 but were nabbed by officers from EACC.

After  the arrest the  two suspects were taken to the EACC offices where recorded statements before being arraigned in court.

The witness produced money that was recovered from the accused plus recorded  discussion

They have denied the criminal charge. There attempt to seek adjournment was rejected and the corruption case ordered to proceed.

The  duo according to the prosecution allegedly committed the offence on 16 and 17  October  2017 at  Nairobi County.

The  accused   are out on a cash bail of Sh 200,000 or alternative bond of  Sh 500,000 and reporting  to  Anti- corruption commission every  Friday of each month.

Oriaro is a also facing another charge of receiving bribe.

Prosecution also alleged that Benson Olianga Oriaro and John Bernard Muriuki  (Deputy Secretary General) on 17th October last year being employed by Nairobi City County Government as artisan II and data collector planning respectively the secretary and deputy secretary of Nairobi City County Workers Union , jointly received a financial advantage of Kshs. 50,000 from Joab Odhiambo claiming he would influence Nairobi City County Workers not to engage in a scheduled parade.

SENIOR KRA AND KEBS OFFICERS IN COURT OVER CONTRABAND GOODS.

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Some of 30 senior officials of the Kenya Revenue Authority (KRA) and Kenya Bureau of Standards (KEBS) who were charged various charge's.

BY NT REPORTER.

At least 30 senior officials of the Kenya Revenue Authority (KRA) and Kenya Bureau of Standards (KEBS) have been charged over the importation of poisoned sugar and other contraband goods.

Kiprono Cole Bullut and Dorothy Wanja are accused that on between 15th May and 7th June in Mombasa being the chief manager container freight station, jointly with others not before court connived to release a consignment of substandard adult diapers to meet the specified quality standard.

Prosecution further alleged that Lawrence Michumbu and Daniel Kimonge being persons employed in the public service, jointly others not before court, willfully disobeyed the provision of standard Act released to the public consignment of substandard adult diapers vide entry which did not meat specified quality standard.

The court further heard that, on 7 of June this year at CNT Container freight station at Mombasa being the Kenya Bureau of Standards Daniel Kamonge Inspector at container freight station Kilindini port , in abuse of authority of your office unlawfully released substandard adult diapers which did not meet the specified quality standard.

Kiprono Cole Bullut, Chief Manager Containers Freight Stations and David Ngugi Mbogori, Customs Head Verification Officer further faced four counts of abuse of office and neglect of duty.

They are alleged to have allowed the Thai rice which did not meet the standards set by the East African Standard for milled rice.

The accused persons are charged alongside KEBS official Peter Nyanjui Ndungu and eight others and are alleged to have committed the offenses on 27th December 2017 within Mombasa County.

The accused were arraigned before Nairobi Chief Magistrate Francis Andayi where they criminal charge and released on cash bail of sh300,000.

The officials were arrested over the weekend by detectives from the Directorate of Criminal Investigations (DCI) in an ongoing probe into the importation of contraband goods.

KRA officials are also in detention and are being interrogated for willingly permitting the release into the market of a consignment of substandard goods.

OBADO FIRST GOVERNOR WITH CAPITAL OFFENCE.

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Migori Governor Okoth Obado with his lawyer Cliff Ombeta at high court criminal division on Monday September 24, 2018/PHOTO BY S.A.N.
BY NT CORRESPONDENT.

Migori Governor Okoth Obado will spend the night at Industrial area prison after he pleaded not guilty to the murder of his pregnant girlfriend Sharon Otieno in Homa Bay.

The court has ruled that he be remanded at Industrial Area GK Prison, Nairobi pending hearing and determination of bail application.

Justice Jessie Lessit of high court criminal division has also ruled that Governor Obado’s bail application be heard tomorrow at 2p.m.

He is accused with others not before court, he murdered Rongo University student Sharon Otieno at Owado area in Rachuonyo sub-county, in Migori between September 3 to September 4 this year.

He was represented by lawyers Cliff Ombeta and Nicholas Ombija.

He is set to argue his bail application tomorrow in the afternoon through lawyer Cliff Ombeta.

The county Chief is likely to spend more days in the police custody awaiting the ruling and consolidation of his case with that of his personal Assistant Michael Oyamo.

In an application filed in court by his lawyers, the governor says that if released on bail he will vail himself to court as of when and required to do so until the matter is concluded.

“The applicant has an unqualified constitutional right to be presumed innocent until the contrary is concluded, ”reads the application.

He says that the offence of murder is bail-able.

In his affidavit, the governor says that he resides in Nairobi County at Green Estate in Lavington and that all his children ate school going children and they depend on him on all their financial needs and if detained they will suffer.

“I am the sole bread winner of my family,”says Obado

He goes on to say that he’s not a flight risk and that he shall not interfere with any witnesses in the matter or the ongoing investigations.

The prosecution has however indicated to the court that they will be opposing to the application by Obado to be set free pending hearing and determination of the murder case.

BANK ACCOUNT BELONGING TO WIFE OF HOMA BAY COUNTY CLERK SUSPENDED.

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Homa Bay County Assembly Clerk Bob Kephas Otieno./PHOTO COURTESY.
Investigation established that the Eveline Awino Ogutu who is the proprietor of Nyangume Enterprise is a wife to Bob Kephas Otieno who is a clerk to Homa Bay County Assembly.

BY NT CORRESPONDENT.

High Court has issued conservation order of 26.2 million held in account that belongs to the wife of Homa Bay County Assembly Clerk.

Judge Hedwig Ong’undi of Anti-Corruption Court ruled that the money held in the account of Eveline Awino Ogutu/ T/A Nyangume Enterprise at Equity Bank be preserved.

“There shall be an order for conservation of money held at Equity Bank in the name of the 2 defendant/respondent (Eveline Awino Ogutu/ T/A Nyangume Enterprise)”. Ruled Judge Ong’undi.

The judge also in her 25 ruling delivered yesterday directed the case to be heard fully and a determination made as soon as possible so that if there was any wrong doing , the subject county Assembly gets what is rightfully theirs unconditionally.

According to the ruling, it is not in dispute that the Bob Kephas Otieno and Eveline Awino Ogutu are husband and wife as per Otieno declaration of income , assets and liabilities form.

“Bob Kephas Otieno being an accounting officer was in charge of approving all the payments with full knowledge that Nyagume Enterprise belonged to his wife, he went ahead to approve millions of public money to her for services believed not to have been rendered”. Ruling state.

The amount in question is 26,272,460 million which was paid within a period of five months as reflected in the Eveline Awino Ogutu/ T/A Nyangume Enterprise business bank account in the nine transaction .

While opposing the application by EACC,Eveline Awino Ogutu through her replying affidavit dated 30th of May 2016, she confirmed to be the proprietor of Nyangume Enterprise. She termed the application by EACC as misconceived and I’ll advised.

She told the court that, she applied for the tenders at the County Assembly of Homa Bay and succeeded through competitive procurement process. She said payments made by the county assembly to her were in respect of goods delivered by her.

EACC investigator Willy Mutuku investigated allegations of embezzlement of funds in the County Assembly of Homa Bay. Investigation established that the Eveline Awino Ogutu who is the proprietor of Nyangume Enterprise is a wife to Bob Kephas Otieno who is a clerk to Homa Bay County Assembly.

They believe the clerk largely influenced the transfer of money into the 2 respondent account, by authorizing the same with full knowledge that he had not offered any services to the county assembly.