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Rigathi, Sonko, Waiguru, Babu Owino Have Integrity Issues – IEBC Told Not to Clear them

National Integrity Alliance (NIA) has seeks to bar over 20 aspirants from contesting in the August polls.

NIA is a citizen-centered integrity and anti-corruption coalition comprising Transparency International Kenya (TI-Kenya), Inuka Kenya Ni Sisi!, Mzalendo Trust, The Institute for Social Accountability (TISA), and The Kenya Human Rights Commission (KHRC).

LIST OF PERSONS WHO SHOULD NOT BE CLEARED TO VIE IN THE 2022 GENERAL ELECTIONS .

NAME AREA ASPIRATION PARTY REASONS FOR REDCARDING
1.    Aisha Jumwa Malindi Governor UDA Charged with the murder of Gumbao Jola during campaigns for the Ganda Ward by-election in 2019 in Malindi County; case currently ongoing.
Criminal case no. E011 of 2020
Charged with fraudulent misappropriation of Ksh. 57 million from NGCDF Malindi Constituency.
The matter was suspended to “allow her to campaign”
●    ODPP statement issued on 27th August 2020- https://twitter.com/ODPP_KE/status/1299006262777204737/photo/3
2.    Ali Korane Garissa Governor Jubilee Charged with misappropriation of 233 million from the county
●    Chief Magistrates Court ACEC No. E039 of 2020 Republic v Ali Bunow Korane and 4 Others
3.    Anne Waiguru Kirinyaga County Governor UDA Alleged to have engaged in acts of abuse of office and embezzlement of public funds amounting to 10,634,614 through payment of travel allowances for non-existent trips.
●    EACC Annual Report 2019-2020
Impeached by the county assembly of Kirinyaga. Her impeachment was nullified by Senate but
the Senate report implicated her of several offences
●    Senate Report on Impeachment of Anne Waiguru
4.    Babu Owino Embakasi East MP ODM Charged with the offence of attempted murder contrary to Section 220(a) of the Penal Code and behaving in a disorderly manner while carrying a firearm contrary to Section 33 as read
with Section 34(1) of the Firearm Act.
●    CRIMINAL REVISION NO.16 OF 2020 http://kenyalaw.org/caselaw/cases/view/191995/ Video evidence showed him shooting DJ Evolve in a club and made an out-of-court settlement
●    https://www.youtube.com/watch?v=D9pr6RPlrGo
5.    Cleophas Malala Kakamega Governor ANC Charged with the offence of robbery with violence, preparation to commit a felony, assault, molestation and use of force during an election period in Bungoma and Kakamega
·     Case No. E335/2021
·     Case No. E336/2021
6.    Daniel Manduku Nyaribari Masaba MP ODM Accused of conspiring to commit an offense of corruption by approving procurement of concrete barriers works with a contractual sum of Sh1.4 billion without a budget approval.
According to the charge sheet, the offenses were committed between March 29 and August 22, 2019 at the KPA headquarters in Mombasa.
·     ODPP Press statement dated 27th August 2020
7.    Didmus
Barasa
Kimilili MP UDA Captured on video assaulting a contractor during a scuffle in Bungoma. He was charged in court.
·     PMCR 304/2021
Dismissed from KDF in 2009 for absenteeism and forgery of documents to access a credit facility. He was arrested, charged in military court and dismissed. However, in his parliament bio, he claims to have served in KDF for 6 years.
●    EACC Letter to the National Assembly Speaker
After his dismissal, he masqueraded under the title “Rtd Captain” yet he only reached the rank
of private which is a criminal offence under the Penal Code and Leadership & Integrity Act.
●    EACC Letter to the National Assembly Speaker
8.    Evans Kidero Homa Bay Governor Independent Charged with corruption offence of fraudulently making frivolous payment to Wachira, Mburu, Mwangi & Co. Advocates in respect to legal fees for civil suit no. 875 of 2010 Kyavee Holding Ltd versus Nairobi City Council. CASE NO.: ACC/8/2019
Charged together with 7 others with conspiracy to commit an offence of corruption, namely fraud leading to loss of public funds in the sum of Kshs. 213,327,300 for services not rendered.
·     CRIMINAL REVISION NO. 43 OF 2020
·     https://eacc.go.ke/default/former-nairobi-governor-arrested-and-charged/
9.    Fahim Twaha Lamu Governor ODM The Lamu Governor is alleged to have been behind some irregular appointments, part of which appointed persons not qualified for their roles while others were done in unprocedural without the approval of the Lamu county public service board. EACC recommended charges to be opened up against him
EACC/MLD/EL/INQ/3/2019
Kenya Gazzette Notice No.246 3rd December
10.  Godhana
Dhadho Gaddae
Tana River Governor ODM Cited for procurement irregularities by the OAG and EACC
●    OAG reports (2017-2018/2019-2020)
●     EACC/MLD/FI/INQ/1/2019
11.  Johanna
Ngeno
Emurrua Dikir MP UDA Charged for hate speech and incitement in 2018
·     Case No. 3014/2020
Additionally, the legislator was named in the NCIC list of shame for untoward utterances and dishonorable behavior, inciting the public.
·     NCIC List of Shame 2021
12.  John
Walukhe
Sirisia MP Jubilee Found guilty together with Grace Wakhungu of defrauding the National Cereals and Produce Board over 300 million Shillings. He was held in prison but released on bond pending appeal. His co-accused did not appeal the sentence
·     ACC/31/2018
Dismissed from KDF on disciplinary grounds and has been masquerading under the title “Retired Major” yet he only reached the rank of senior private which is a criminal offence under the Penal Code and Leadership & Integrity Act.
·     EACC Letter to the National Assembly Speaker
13.  Joseph
Samal
Isiolo North MP Jubilee Charged with incitement to violence.
Pronounced words that could incite violence against the Borana Community on the basis of ethnicity
·     Cr. E513/21
14.  Kembi
Gitura
Murang’a Senator Jubilee Served as chair of KEMSA when the agency was found to have misappropriated billions of shillings when procuring protective equipment and other materials needed in the fight against the Covid-19 pandemic; the Board was eventually disbanded.
National Assembly recommended that EACC investigates into his alleged interference on the award of commitment letters to certain companies.
●    Report on Consideration of the Special Audit Report on Utilization of Covid-19 Funds by The Kenya Medical Supplies Authority by The National Assembly Public Investments Committee (Committee Recommendation No. 4, pg. 191)
15.  Lillian
Omollo
Embu Senator Jubilee Charged with conspiring to defraud the National Youth Service, of Kshs. 231,942,758/=,
●    ODPP CASE NO: ACC/10/2018
16.  Mathew
Lempurkel
Laikipia North MP ODM Found guilty and convicted of charges of assaulting nominated MP Sarah Koere. Out on bail pending appeal.
17.  Mike Sonko Mombasa Governor Wiper Impeached as Governor of Nairobi on December 3rd 2020.
●    Senate Impeachment Report
On record stating that he was intoxicated when he was signing the deed of transfer for Nairobi Metropolitan Services, which is a clear violation of Leadership and Integrity Act and the COK 2010.
●    Hansard Report http://www.parliament.go.ke/sites/default/files/2020- 12/16.12.2020%20-%20Special%20Sitting_Morning%20Session.pdf
Under investigation by the Ethics and Anti-Corruption Commission, into the illegal and unexplained wealth totaling one Billion Kenya Shillings.
●    EACC annual report 2019-2020. EACC/AT/INQ/01/2020
Additionally, the US has placed a travel ban on Sonko and his family, citing reasons that the former governor was involved in significant acts of corruption during his tenure as governor.
·     https://www.state.gov/designation-of-former-nairobi-governor-sonko-for-involvement- in-significant-corruption/
18.  Mohamed Abdi Mohamud Wajir Governor Independent Impeached by the County Assembly of Wajir and the impeachment upheld by the senate on grounds of gross violation of the constitution, finance laws, abuse of office, etc. His impeachment was however nullified by the court on grounds of a technicality.
●    Impeachment report: http://www.parliament.go.ke/sites/default/files/2021- 05/IMPEACHMENT%20REPORT%20-
%20THE%20GOVERNOR%20OF%20WAJIR%20COUNTY_.pdf
Unresolved questions on validity of his documents
●    High Court judgement: http://kenyalaw.org/caselaw/cases/view/142408 ( case started in 2018)
●    Supreme Court judgement: http://kenyalaw.org/caselaw/cases/view/168384/
19.  Muthomi Njuki Tharaka Nithi Governor UDA Arrested and charged with abuse of office; Willful Failure to Comply with Laws and Money Laundering, Conflict of interest in a tender worth 34 Million Court hearing after investigation by EACC
●    ODPP Press statement dated 4th September 2022
20.  Oscar Sudi Kapseret Constitue ncy Member of Parliament UDA Forgery of official documents; elected into public office because of falsified documents; intentionally providing false information
CR. 148/23/2016 EACC/EL/INQ/60/2015
21.  Phillip Kaloki Nairobi County Deputy Governor Wiper Abuse of office and irregular appointment of KMTCs company secretary who was unqualified for the position. He also failed to declare interest during the appointment of the secretary who had personal relations with him. Prof Kaloki was serving as KMTC Board Chair during that time. The court found that he acted illegally, irrationally and unreasonably
●    http://kenyalaw.org/caselaw/cases/view/210065
22.  Rigathi
Gachagua
National Deputy President UDA Implicated in graft resulting in action by the Assets and Recovery Authority freezing accounts with approx. Ksh. 200 million in unexplained assets.
·     CASE NO: ACEC NO. E020 OF2020
Charged in court with Conspiracy to defraud County Government of Nyeri and fraudulent acquisition of public property.
·     https://www.odpp.go.ke/mathira-mp-rigathi-gachagua-co-accused-charged
23.  Samson
Cherargei
Nandi Senator UDA Made inflammatory remarks warning people who will not vote for William Ruto; summoned by DCI, charged in Milimani Law court for incitement and released on a Ksh. 300,000 bond.
·     Case No. 2022/2019
24.  Samuel
Arama
Nakuru Town West MP Jubilee Assaulted a member of the public, Hezron Okiki; instructed one of his guards to handcuff Mr. Okiki; drew a gun and threatened to shoot him; hit his head with the gun butt and further assaulted Mr. Okiki in the presence of the OCS.
●    Criminal Case No. 1956 of 2019; Chief Magistrates Court at Nakuru
Charged with fraudulent acquisition of a parcel of land in Nakuru court
●    ACC No. 20/2021
25.  Sospeter
Ojaamong
Teso South MP ODM Charged with conspiracy to commit an economic crime, engaged in a scheme to defraud the County Government of Busia to the tune of Kshs. 8 Million for a feasibility study on Integrated Solid Waste Management project
●    CASE NO: ACC/23/2018

 

UPDATE ON INDIVIDUALS RED CARDED DURING THE 2017 RED CARD CAMPAIGN

No Name Area Aspiration Party in 2017 Basis for Red Carding in 2017 2022 Updates
1 Alfred Keter Nandi Hills Constituency Member of Parliament UDA Allegations of breach of Chapter 6 and provisions of Leadership & Integrity Act; Abuse of office, obstruction and harassment of legitimate authority at the Gilgil weighbridge on 21 January 2015
EACC/EL/INQ/2/2005 CF742/2015
Charged at Milimani Law Court with three others for forging Shs. 633M Treasury Bills.
2 Alfred Mutua Machakos County Governor Maendeleo ChapChap Procurement irregularities of 16 Subaru vehicles worth Kshs. 147.3 million ambulances worth Kshs. 145.3 million and the construction of Kithimani-Makutano road worth Kshs. 568 million.
AUDITOR GENERAL COUNTY GOVERNMENT OF MACHAKOS 2014/15 AUDIT
The ODPP withdrew the case against Alfred Mutua over the procurement of the Subaru and ambulance vehicles in 2018
3 Anne Waigiru Kirinyaga County Governor Jubilee Candidate under investigations for the NYS theft in  which  upto  Kshs.  1.9  billion  lost  in  the  NYS scandal  under  her  watch  as  CS  for  Devolution, Alleged to have engaged in acts of abuse of office and embezzlement of public funds amounting to 10,634,614 through payment
audit  of  NYS  still  incomplete;  Abused,  lost  or unaccounted for budget included funds meant for slum  upgrading  of  3.5  km  road  in  Kibera  which would    have    significantly    improved    physical accessibility  and  public  health  and  sanitation  in one    of    the    biggest    slum    in    Africa    with approximately 250,000  dwellers; Candidate gave directives     that     ensured     procurement     and payment      were      centralised      at      the      NYS headquarters, hence overriding and undermining meaningful oversight by other State departments. An  IPSOS  public  perception  survey  released  on September 8th 2015 ranked the candidate as the third  most  corrupt  leader.  Candidate  declared unfit to hold public office by the Public Accounts Committee of Parliament in May 2017.
NATIONAL      ASSEMBLY      PUBLIC      ACCOUNTS COMMITTEE  SPECIAL  AUDIT  REPORT  ON  THE NATIONAL YOUTH SERVICE SCANDAL
of travel allowances for non-existent trips.
●    EACC Annual Report 2019-2020
Impeached by the county assembly of Kirinyaga. Her impeachment was nullified by Senate but the Senate report implicated her of several offences
●    Senate Report on Impeachment of Anne Waiguru
4 Asman Kamama Tiaty Constituency Member of Parliament Jubilee Involvement in ongoing clashes; suspected involvement in assassination of opponents
PETITION NO.6 OF 2012, HIGH COURT OF KAKAMEGA
KENYA NATIONAL HUMAN RIGHTS COMMISSION REPORT
Lost seat in 2017
5 Ferdinand Waititu Kiambu County Governor Jubilee Already  declared  unfit  to  hold  public  office  in 2015;       Confesses       questionable       academic qualifications;   Allegations   of   hate   speech   and endangering   of   intercommunal   harmony   and Investigated and recommended for prosecution for a variety of offences including corruption, abuse of office, violation of procurement laws, conflict of interest, illegal and unexplained wealth,
cohesion
BENSON RIITHO MUREITHI VS. JW. WAKHUNGU, 2 OTHERS (2014) EKLR
NATIONAL     COHESION     AND     INTEGRATION COMMISSION REPORT
etc.
·     EACC Annual Reports for 2018/2019 and 2019/2020
●     EACC/AT/ INQ/13/2019
·     EACC/AT/INQ/16/2019
EACC completed 88 asset tracing inquiries in respect of illegally acquired and unexplained assets. He is also alleged to have received bribes from contractors trading with the County amounting to KES 133,399,788
●     ACEC No 1 of 2020 EACC vs Ferdinand Ndungu Waititu & Others amounting KES 172,914,555
Impeached by the county government of Kiambu and Senate
·     SENATE IMPEACHMENT REPORT
6 Cyprian Awiti Homa Bay County Governor ODM On-going  investigations  by  EACC  into  possible misappropriation of Kshs. 200  million meant  for the Agro City project
AUDITOR GENERAL COUNTY GOVERNMENT OF HOMA BAY 2014/15
Investigated by EACC over irregular recruitment of health staff in Homa Bay county under the Universal Health Coverage Program
7 Elizabeth Ongoro Ruaraka Constituency Member of Parliament ANC Violence during 2017 party nominations which led ODM barring her from contesting Lost her seat during the 2017 elections
Charged together with her husband for embezzling Ksh. 48.9 million of NGCDF which was meant for construction of
Kasarani Girls High School between 2008 and 2012.
8 Evans Kidero Nairobi County Governor ODM Procurement irregularities of upto Kshs. 4.6 billion in plan to launch a metro transportation system; Allegations  of  bribery  and  payment  of  Kshs  200 million to Justice Tunoi; Indecent conduct in public and   physical   violence   against   a   fellow   public official.    An    IPSOs    public    perception    survey released   on   September   8th   2015   ranked   the candidate  as  fourth  most  corrupt  leader  after Anne    Waiguru,    Charity    Ngilu    and    Deputy President William Ruto.
KYALO  KAMINA  V  SENATE  &  3  OTHERS  [2016] EKLR PRESIDENTIAL STATE OF THE NATION AND LIST OF SHAME 2015
Lost   his   Nairobi   seat   during   the   2017 elections;
Charged     with     corruption     offence     of fraudulently making frivolous payment to a law firm in respect to legal fees for civil suit no. 875 of 2010;
·     CASE NO.: ACC/8/2019;
Charged    together    with    7    others    with corruption  charges  leading  to  loss  of  Kshs. 213,327,300.
·       MILIMANI COURT: ACC/32/2018
9 George Ochilo Ayacko Migori County Governor Independen t Violence during party nominations in April 2017 Lost seat in 2017 elections
10 Gladys Boss Shollei Uasin Gishu County Woman Representati ve Jubilee Procurement irregularities including purchase of the official residence of the Chief Justice at Kshs. 310 million and authorization of Kshs. 46.4 million to build pre-fabricated courts at Mavoko Law Courts
EACC/FI/INQ/6/2014 CR 148/16/2015
No further action on case
EACC/FI/INQ/80/2014 CR148/34/2015
JUDICIAL SERVICE COMMISSION SPECIAL AUDIT REPORT
11 Hassan Joho Mombasa County Governor ODM Confesses questionable academic qualifications.
ETHICS AND ANTI-CORRUPTION COMMISSION REPORT
Questions on authenticity of academic documents have never been settled
12 Kenneth Lusaka Bungoma County Governor Jubilee 10 ‘Special’ wheelbarrows purchased by the County at Kshs. 100,000 each; Possible conflict of interest, candidate is accused of having links to M’Big Company that has won the bulk of Bungoma County contracts.
SENATE FINANCE COMMITTEE REPORT
Lost seat in 2017 general elections Current speaker of Senate
No further action on “wheelbarrow” case
13 Mike Sonko Nairobi County Governor Jubilee Indecent   conduct   in   public   including   alleged harassment of Mtwapa weighbridge incident and involvement  in  a  physical  fight  with  Governor Kidero,  disruption  of  proceedings  of  the  Senate public     accounts     committee;     Allegation     of influencing   the   award   of   a   Kenya   Pipeline Company for a Kshs. 1.32 billion kickbacks.
ETHICS AND ANTI-CORRUPTION COMMISSION REPORT
Impeached as Governor of Nairobi on December 3rd 2020.
●    Senate Impeachment Report
On record stating that he was intoxicated when he was signing the deed of transfer for Nairobi Metropolitan Services, which is a clear violation of Leadership and Integrity Act and the COK 2010.
●    Hansard Report
http://www.parliament.go.ke/sites
/default/files/2020-
12/16.12.2020%20-
%20Special%20Sitting_Morning%20 Session.pdf
Under investigation by the Ethics and Anti- Corruption Commission, into the illegal and unexplained wealth totaling one Billion Kenya Shillings.
●    EACC annual report 2019-2020. EACC/AT/INQ/01/2020
Additionally, the US has placed a travel ban on Sonko and his family, citing reasons that the former governor was involved in significant acts of corruption during his tenure as governor.
https://www.state.gov/designation
-of-former-nairobi-governor-sonko- for-involvement-in-significant- corruption/
14 Mathew Lempurkel Laikipia North Member of Parliament ODM Faces charges of assaulting nominated MP Sarah Korere and threatening police constable Nicholas Kipruto   at   Rumuruti   police   station   in   Laikipia West; Lost seat in 2017 general elections
Found guilty and jailed. Out on bail pending appeal
15 Moses Kuria Gatundu South Member of Parliament Jubilee Several counts of incitement to violence including against   leaders,   communities   and   journalists; Disobedience of the law and hate speech Under investigations of embezzlement of the NGCDF funds in Gatundu South Constituency. His brother was a beneficiary of a tender awarded by the CBF board & it
NATIONAL COHESION AND INTEGRATION COMMISSION REPORTS is alleged that Kuria benefited 3 million
·     EACC/FI/ INQ/42/2019
Made remarks that he was involved in rigging votes in the 2017 general elections for Jubilee. He was summoned by IEBC for the remarks.
Confessed to have received a bribe of kshs 100,000 in 2020 to vote for Amos Kimunya as leader of majority. He even expressed willingness to refund it
·     https://www.bbc.com/news/world- africa-57105150
16 Mwangi Wa Iria Murang’a
County
Governor Jubilee Purchase of 24 acres of land at Sh340 million above the market rates, intimidation of IEBC investigators
ETHICS AND ANTI-CORRUPTION COMMISSION REPORT
Under investigations by EACC for influencing the award of a kshs. 542 m county tender to a company owned by close friends and family.
The court has also frozen two prime properties linked to him which are under asset recovery proceedings by EACC.
17 Oscar Sudi Kapseret Constituency Member of Parliament Jubilee Forgery of official documents; elected into public office because of falsified documents; intentionally providing false information
CR. 148/23/2016 EACC/EL/INQ/60/2015
His prosecution on academic documents still ongoing with several witnesses tabling evidence against him. The case is still ongoing (case taking too long)
18 Samuel Kazungu Kilifi County Governor KADU Asili Irregularly approved an exaggerated budget of Lost seat in 2017 elections

 

Kambi Kshs. 5.05 billion for the construction of NSSF Tassia Phase 2 Project, a Kshs. 2 billion variation from the original Kshs. 3.3 billion; Kshs. 2 billion NSSF pensions fund
ETHICS AND ANTI-CORRUPTION COMMISSION REPORT
Has since been appointed as a Commissioner in the NLC despite substantial claims of failure to pay debts
·     LANDS COMMITTEE VETTING REPORT
19 Stephen Murathi Kambi Dandora Area 2 Member of the County Assembly Aspirant   stands   currently   charged   in  Milimani criminal court with eight charges of rape, robbery and illegal possession of guns 1 Million Shillings Bail, no trace of case on the available platforms
20 Zakaria Okoth Obado Migori County Governor ODM Embezzlement and loss of up to Kshs 600 million through  procurement  irregularities;  Violation  of Section  11  of  the  Election  Offences  Act,  2016 including  use  of  and  perpetration  of  violence during the ODM party nominations in April 2017 leading to destruction of property, loss of lives and intimidation of opponents by issuing threats.
ETHICS AND ANTI-CORRUPTION COMMISSION REPORT
Facing charges of murder of Sharon Achieng
·     Criminal Case No. 46 of 2018, High Court at Nairobi)
Facing charges of conspiracy to defraud over 500 million shillings from the Migori county. Charged alongside his children, wife, mother, brothers and sister in law.
DPP Press Statement dated 25th August 2020

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