Bomet Governor Hillary Kipng’eno Barchok was Tuesday charged with seven criminal counts ranging from conflict of interest to money laundering in connection with alleged irregular payments linked to county government contracts.
The Director of Public Prosecutions (DPP) informed the Milimani Anti-Corruption Court that between November 14, 2019 and March 10, 2021, Barchok unlawfully acquired an indirect private interest amounting to Sh2 million.
He was freed on a cash bail of Sh5 million or a bond of Sh15 million in his graft case.
Prosecution was led by Vincent Monda, assisted by Mercy Gateru, Alex Akula, and Delroy Mwasaru.
The payments were tied to contracts awarded by the County Government of Bomet to Chemasus Construction Limited, including Tender Number CG/KRB/006/2019-2020 for the route maintenance of Kimenderit–Kotoibek–Olbutyo Bridge Road and Tender Number CG/DRPWT/004/2018/2019 for the hire of a grader.
The prosecution told court the county boss benefited financially from contracts executed by the company, in violation of procurement and anti-corruption laws.
The court heard that on or about March 10, 2021, Barchok received Sh2 million in his Equity Bank account from Chemasus Construction Limited’s account an amount the Governor had reason to believe constituted proceeds of crime, having been irregularly obtained through contracts awarded by the county to the firm.
Barchok was further charged with four counts of using proceeds of crime.
He allegedly transacted sums of Sh300,000, Sh314,000, Sh100,000, and Sh750,000 from his Equity Bank account to another account between March 15 and March 29 2021. These transactions, Prosecution explained, were aimed at disguising the illicit origin of funds paid to him by the contractor.
Barchok was jointly charged with Evans Kipkoech Korir, Director of Chemasus Construction Limited, as well as the company itself.
Prosecution told court that on 10th March 2021, the three entered into an arrangement to transfer Ksh.2 million from Chemasus Construction Limited’s Equity Bank account to Barchok’s account. The move, according to investigators, was designed to conceal the source of the funds.
Appearing before Principal Magistrate Ziporah Gichana, Governor Barchok, Korir, and Chemasus Construction Limited pleaded not guilty to all charges.
The charges brought against the the county boss were filed under provisions of the Proceeds of Crime and Anti-Money Laundering Act, CAP 59B, which criminalizes the acquisition and use of illegally obtained funds, as well as conflict of interest under procurement laws.
The case will proceed to a pre-trial conference in the coming weeks.
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