Shockwave in Counties: DPP Orders Prosecution of Governors Barchok, Wangamati in Multi-Million Graft Cases

The Director of Public Prosecutions (DPP) Renson Ingonga has ordered the prosecution of Bomet Governor Hillary Barchok and former Bungoma Governor Wycliffe Wangamati on a range of corruption-related charges. This directive follows comprehensive recommendations from the Ethics and Anti-Corruption Commission (EACC) regarding allegations of conflict of interest, embezzlement of public funds, and unlawful acquisition of public property. The move underscores an intensified effort by anti-graft agencies to combat corruption at the county level.
Bomet Governor Hillary Kipngeno Barchok faces charges of Conflict of Interest, contrary to section 42(3) as read with section 48 of The Anti-Corruption and Economic Crimes Act 2003, and unlawful acquisition of public property. He is specifically linked to an alleged Sh2.5 million conflict of interest saga. Governor Barchok will be prosecuted alongside Evans Kipkoech Korir, the Director of Chemasus Construction, who is accused of acquiring proceeds of crime from the said transactions.
Former Bungoma Governor Wycliffe Wangamati has been implicated in the embezzlement of funds amounting to Sh70 million, allegedly channelled through private companies. The DPP has directed that Wangamati be charged with conflict of interest, while Michael Wangamati, Nicholas Wangamati, Edward Wangamati, Edward Maaya, Wafula, Swaleh Wakoli Chesititi, Jimmy Wekesa, and Joseph Wanyonyi are to face charges related to the acquisition of proceeds of crime and alleged fraudulent procurement practices. This marks a significant development in ongoing efforts to recover misappropriated public resources.
In related developments, the DPP has directed further investigations into Kiambu Governor Kimani Wamatangi and his Marsabit counterpart, Mohamed Mohamud Ali. Governor Wamatangi is under scrutiny for alleged irregularities in procurement, specifically in the awarding of tenders worth Sh230 million. The investigation extends to his spouse, Anne Waruguru, Charles Kiarie, Mary Wambui, Joseph Kiman, Anne Njoroge, and Faith Wambui, with the DPP instructing the EACC to resubmit the inquiry file after further examination.
However, legal complexities have arisen in Governor Wamatangi’s case. The High Court in Nairobi has issued a conservatory order, barring the DPP and EACC from summoning, interviewing, or charging seven individuals linked to Wamatangi. These petitioners, including Victor Arara, Joseph Mwaura, Charles Kiarie, Ann Waruguru, Anneie Murugi, Mary Esther Njeri, and Nicholas Kimani, are associated with companies such as Kingdom Group Company and Kings Realtors Limited. They allege that their harassment by the EACC is based solely on their familial or friendship ties to Governor Wamatangi, rather than any genuine graft allegations.
Governor Wamatangi has also filed a separate petition, claiming a year-long campaign of harassment and victimization by the EACC. He alleges that his arrest, in connection with an investigation into a tender for the supply, delivery, and installation of an Enterprise Resource Planning System (ERP) to Filtronic International Limited, was conducted outside the scope of court orders. His lawyer, Dr. Jotham Arwa, argued that the governor was unreasonably detained and publicly paraded as if he had committed a crime, despite cooperating with investigations.
Marsabit Governor Mohamed Mohamud Ali is also facing prosecution for allegedly colluding with various companies to fraudulently win a tender valued at Sh728 million, highlighting another high-value corruption case targeting county leadership.
These individual cases are part of a broader anti-corruption drive by the EACC. Chief Executive Abdi Mohamud recently disclosed that the commission is investigating four sitting governors and 11 former governors for offences including embezzlement, conflict of interest, money laundering, and possession of unexplained wealth. In the past eight months, the EACC completed investigations into 89 high-profile cases, recommending prosecution in 82 of them. These cases involve a wide array of public officials, including sitting and former governors, former Cabinet secretaries, principal secretaries, and chief executives of state corporations.
Furthermore, the EACC is actively pursuing cases worth approximately Sh1.6 billion, involving 822 county officials accused of various financial malpractices. These include irregular recruitment, payroll manipulation, improper allowances, and the misuse of county mortgage and car loan funds, demonstrating a comprehensive approach to tackling corruption across all levels of county administration.
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