BY STAR TEAM
The government could be
banking on four of the 11 grounds in the Rigathi Gachagua impeachment case to
nail the Deputy President.
Three affidavits and an
elaborate illustration of how the second in command could have moved millions
from state coffers stand out.
Among the affidavits is
one in which former Kemsa boss Andrew Mulwa alleges Gachagua coerced him to
alter procurement.
Secretary to the Cabinet
Mercy Wanjau will testify on how Gachagua defied the Cabinet on Nairobi River
restoration.
The DP will also face
Nairobi Governor Johnson Sakaja as a witness in the alleged incitement of
Marikiti traders.
In the papers seen by
the Star, Mulwa says the Deputy President meddled in the Sh3.7 billion malaria
nets tender directly and through proxies.
“His proxies were his
son Dr Ikinu Rigathi and Shobikaa Impex Private Ltd – an Indian company - that
was irregularly awarded the tender,” the explosive affidavit reads.
The former Kemsa CEO
alleges Gachagua called him on July 11, 2023, and pressured him to surrender to
a proxy the original bid bond by the Indian firm.
Mulwa adds that
Gachagua’s son later called and sent him WhatsApp messages claiming to be
acting for and on the instructions of the DP.
The son asked for the
original bid bond, saying the call came at a time anti-graft agencies were
already probing the tender.
Mulwa states the company
was Gachagua’s proxy in the tender and belatedly sneaked the bid bond into its
tender.
“I earnestly believe,
based on the circumstances prevailing at the time, that the calls from
Gachagua, and WhatsApp messages from Dr Ikinu, were aimed at interfering with
investigations,” Mulwa states.
The calls were aimed at
“covering a procurement irregularity in which Shobikaa Impex (the firm) had
sneaked the bid bond.
“I was caught in a
tricky situation as there was nothing much I could do as a junior government
officer against the sitting Deputy President of the Republic of Kenya.”
Wanjau details how the Cabinet
resolved that Nairobi rivers corridors be mapped and cutlines established.
She cites a resolution
by Cabinet that all structures along the riparian land area be demolished
effective May 2, 2024.
Gachagua, in the 11
grounds by Kibwezi West MP Mwengi Mutuse, is accused of giving parallel
directives on the demolitions and evictions.
Sakaja’s affidavit states
how the DP held a public rally “where he incited citizens against lawful
directives of the Nairobi City county government.”
The governor also says Gachagua
had interfered with orders on traffic management and relocation of matatu
terminals “through ethnic incitement.”
“He has interfered with
the proper discharge of the county government’s constitutional functions
regarding alcohol control and regulation,” Sakaja states.
The statements,
alongside allegations of money laundering, are said to be at the core of the
state’s case against the DP.
Mutuse has in his motion
laid bare transactions he believes Gachagua used as conduits to siphon money
from state coffers.
He has sought to show how
money moved from the DP’s office to companies linked to him and proxies.
Central to Mutuse’s
claim is that the DP made Sh5.2 billion wealth overnight through the companies
where his sons are major players.
“Gachagua and his proxies (especially
the two sons) used the companies to massively launder money, conceal proceeds
of crime, corruption, and benefit from influence peddling,” Mutuse said.
He stated apart from Gachagua’s sons,
Kevin and Ikinu, other close family members and
associates could also be involved in the intricate web.
At least 22 companies
are under the spotlight in the motion backed by 291 MPs keen on sending the DP
packing.
According to Mutuse, the
companies were doing business with the Executive Office of the Deputy President
in a suspected case of money laundering.
He claimed the DP was
also working with companies he had influence in, despite not being a
shareholder.
Mutuse cited AgroBriq
Investment Limited, incorporated on May 28, 2017, among the proxy
companies.
He claimed a proxy of
the DP was added as a signatory to the company’s bank accounts in October 2022.
Months later, the
company received Sh47.01 million from his office as part payment for
refurbishment of the DP’s official residence in Karen.
Mutuse said in January
2023, Sh45 million of the deposits were transferred to another entity, alleged
to be a conduit to siphon state cash.
“Shockingly, the account
had been dormant for around nine months before it received the payment from
DP’s office,” the MP stated.
He cited yet another
case of Lusona Events Limited, linked to the DP, which received Sh100.26
million between January and July 2024.
The company was in a
single day – July 2, 2024 - paid about Sh26 million in eight transactions,
raising suspicions of money laundering.
A substantial portion of
the Sh100.26 million was used for “luxurious largesse and unnecessary
expenditure for carpets laid down for the DP’s functions.”
The MP said Sh22 million
was withdrawn in cash, “some of which was declared as cash to pay undisclosed
beneficiaries.”
“It was suspicious why
they preferred cash payments as opposed to a law firm,” Mutuse said, indicating
that Sh4 million was transferred to a law firm.
Another Sh26 million was
invested in fixed term deposits in two transactions of Sh9.9 million and Sh17
million respectively.
“The utilisation of the
funds was suspicious as most of the money was withdrawn in cash rather than
wire transfers. Gachagua is suspected to be the principal beneficiary of these
dubious transactions,” Mutuse stated.
He also cited Sh21.06
million transferred to St Nicholas Rehabilitation and Industrial Training
Institute Limited.
Part of the money – Sh2
million – was suspiciously used to purchase a white Prado from Umarali Motors
Limited for Sh8.5 million.
Another Sh4 million was
suspiciously transferred to the accounts of the company’s sole director,
Nicholas Maingi.
On March 21, 2024, Maingi
transferred Sh4.66 million to Umarali Motors Limited.
“The purported payment
of Umarali Motors Limited using two routes raises suspicion of corruption and
money laundering,” Mutuse said.
He said before receipt
of the two payments from DP’s office, the account was transacting in minimal amounts.
“This raises suspicions
that the entire transaction was a conduit used to siphon public funds.”
In the damning
revelation, the MP claimed the companies linked to the DP’s family and proxies
procured multimillion-shilling hotels
Crystal Kenya Limited,
believed to be a proxy company of the Deputy President through his sons, is
cited to have acquired Outspan Hotel.
The same month – November
2023 - Kevin and Keith purchased Treetops Lodge, a high-end hotel situated in
Nyeri county.
Gachagua in August publicly admitted his
family had acquired the property.
The DP is also linked to
acquisition of Olive Garden Hotel and Queens Gate Services Apartments in
Nairobi as well as Vipingo Beach Resort in Kilifi county.
Several parcels of land
situated in various parts of Central and Nairobi are also cited as part of the
Sh5.2 billion wealth portfolio of the Deputy President.