Former Tourism Cabinet Secretary Najib Balala has been arrested.
The former minister was nabbed alongside three others by Ethics and Anti-Corruption Commission (EACC) officers.
The others include; Leah Adda Gwiyo, the former Principal Secretary in the Ministry of Tourism, and Joseph Odero of West Consult Engineers.
According to EACC Spokesperson Eric Ngumbi, the individuals were apprehended in connection to the irregular payment of Sh18.5 billion meant for the construction of Kenya Utalii College, Coast branch, in Kilifi.
“Investigations were undertaken by the commission regarding the irregular payment of Sh8.5B by the Tourism Fund out of which Sh4 billion was paid to Baseline Architects Ltd for consultancy services for the proposed Ronald Ngala Utalii College in Vipingo, Kilifi county,” Ngumbi said.
“Upon conclusion of the investigations, EACC submitted the investigation report to the DPP, the DPP concurred with the recommendations to apprehend and charge 16 persons.”
The suspects are facing ten counts of corruption and economic crimes, including procurement fraud and misappropriation of Sh8.5 billion of public funds.
They are currently being held at Integrity Centre, Nairobi.
Last Monday, the anti-graft agency recommended the prosecution of Balala, Ms Gwiyo and others for the alleged fraudulent acquisition of public funds.
The Sh8.5 billion resulted from an increase in the cost of establishing the branch from Sh1.95 billion to Sh10.4 billion.
According to the EACC, the construction of the college in Vipingo was approved at a cost of Sh1.948 billion in a cabinet memo signed by Balala on May 22, 2007 and his finance counterpart on August 20 2007.
EACC’s probe revealed how some private consultants were contracted by the tourism fund to come up with architectural designs and drawings of the college and to also supervise the main contractor.
The drawings and designs were approved at a cost of Sh8.6 billion.
The tender for the construction of the Kenya Utalii College’s coast branch, later renamed Ronald Ngala Utalii College, was awarded in May 2013 at a cost of Sh8.9 billion, compared to the approved cabinet amount of Sh1.948 billion.
According to the EACC, the named individuals conspired to defraud the public by approving payments despite knowing there were insufficient resources in the budget.
The report, which is currently being reviewed by the Office of the Director of Public Prosecutions recommends the prosecution of Balala, the former PS, the former CEO of the catering tourism and development levy trustees, the procurement manager of the catering tourism and development levy trustees, Baseline Architects, Rebman Malala t/a Ujenzi consultants, Armitech consulting engineers, and members of the Tender Committee.
The EACC has recommended five counts of willful failure to comply with procurement laws, as read in conjunction with the Anti-Corruption and Economic Crimes Act 2003, four counts of unlawful acquisition of public property, and one count of abuse of office.
The CEO of the catering tourism and development levy trustees, members of the tender committee, the sole proprietor of Ujenzi Consultants, the directors of Mulji Devraj, and the brothers face additional charges that include one count of deceiving principal in violation of the law.
According to investigations, Rea Vipingo Company Limited donated the land on which the college was to be built.
If approved, these would be the highest ranking officials to face charges spanning from the past regime.
