The Ethics and Anti-Corruption Commission has recommended
the prosecution of Marsabit Governor Mohamud Ali over a Sh728 million tenders
affair, as the anti-graft agency intensifies its crackdown on corruption in
county governments.
In a report submitted to the Office of the Director of
Public Prosecutions on June 23, the EACC said it had concluded investigations
into the alleged misappropriation of funds and conflict of interest involving
the governor, his wife Alamitu Jattani, and close associates. The DPP will
review the file and decide whether to uphold all the charges, amend them or drop all of
them depending on the evidence presented to him.
The commission has recommended a total of 13 criminal
charges, including conspiracy to commit corruption, conflict of interest, and
unlawful acquisition of public property.
The proposed charges stem from contracts awarded between
2017 and 2024 to companies allegedly linked to the governor and his inner
circle. These include Burqa Ventures Ltd, which the EACC says is owned by the
governor’s wife, and Ororo Company Ltd and Damme Investment Construction
Company Ltd, whose directors include Huka Wako Bidhu and Rukia Abduba Salesa.
When contacted by the Star
between 2pm and 5pm on Tuesday, Governor Mohamud did not respond to three telephone calls
and text messages sent to him via WhatsApp, which were blue ticked.
"Hello Governor, this is Moses Ogada, a political writer
at the Star. I'm working
on a story based on the EACC report recommending charges against you, your
partner, and several county employees over alleged malpractice involving
tenders worth more than Sh700 million. What’s your take on the probe and the
recommendations?" one of the text messages read.
According to the report, Governor Mohamud and his wife
failed to declare their interests in Burqa Ventures Ltd, which received Sh156.2
million in payments from the county government. EACC investigators say Burqa
Ventures was paid a total of Sh143 million from the county during the probe
period.
Additionally, Ororo Company Ltd — directed by Bidhu and
Salesa — allegedly transferred Sh2.4 million via M-Pesa to the governor’s wife.
The governor's personal assistant also allegedly received cash transfers from
the same firms.
The EACC says the governor knowingly acquired an indirect
interest in public funds paid through Burqa Ventures Ltd, in violation of the
Anti-Corruption and Economic Crimes Act. His wife has been accused of failing
to declare her interest in contracts awarded to the company, despite her
resignation in 2017 — a resignation the EACC says was not formally processed
through the Registrar of Companies.
“The governor failed to declare direct and indirect
interests in the contracts awarded to Burqa Ventures, Damme Investments, and
Ororo Company Ltd, amounting to Sh360.4 million,” the report states.
In his
statement to the EACC, the governor denied any wrongdoing, saying he had no
personal knowledge of the companies awarded tenders and was not involved in
departmental operations. He said he recognised Bidhu but was unaware he was a
director of companies doing business with the county.
Mohamud confirmed a Sh20
million transfer from his personal account to Ororo Company, saying it was a
bank loan payment for the construction of a building in Tassia. He also
explained that Sh570,000 received from his PA was for imprest and fuel
reimbursements, which he has since accounted for.
His wife also denied
benefiting from Burqa Ventures Ltd, maintaining she resigned in 2017 after her
husband was elected and has not been involved in the firm’s activities since.
Despite these denials, the
EACC insists it has gathered sufficient evidence to charge the governor, his
wife, and their associates. The ODPP is currently reviewing the file and is
expected to give directions on the next steps.
The EACC has also implicated Huka Bidhu, a Marsabit county employee,
accusing him of receiving Sh123 million through two companies he co-directs:
Ororo and Damme. The commission claims that the majority of the funds paid to these
firms were withdrawn by Bidhu, with some transferred to the governor’s wife and
the PA.
Rukia Abduba Salesa and Roba Wako — also linked to the
companies — are accused of participating in the tender deals while maintaining
close associations with county officials. Wako confirmed her involvement in the
firms but claimed her partner handled dealings with the county.
The report raises red flags over the employment history of
Bidhu, with the EACC seeking to recover salaries paid to him between July 2013
and May 2023, which it claims were fraudulently earned. Bidhu, however, insists
he was on secondment from the NHIF and denied making payments to the governor
or his wife.
If prosecuted, Mohamud would join at least 10 governors who
have faced corruption charges. Three have so far been convicted: Moses
Lenolkulal (Samburu), Ferdinand Waititu (Kiambu), and Daniel Waithaka
(Nyandarua).
