NAIROBI Kenya July 5 -Water, Irrigation and Sanitation Cabinet Secretary Alice Wahome has declined a request by the anti-graft body to suspend Athi Water Works Development Agency (AWWDA) CEO Eng. Michael Thuita over the ongoing Sh25 billion graft probe.
The Ethics and Anti-Corruption Commission had on May 24, 2023 written to CS Wahome noting that Eng. Thuita had been adversely mentioned in tendering malpractices and irregularities in the Ruiru Dam II project, Karimenu and the Kitui Matuu Water projects.
The EACC wanted Eng. Thuita suspended to facilitate the probe and deter possible interference but the Water CS instead demanded to be furnished with complaint file or complaint filed to enable her heed to anti-graft body demand.
“The commission is undertaking the investigations on procurement irregularities in the award of tender…where the Chief Executive Officer (CEO) Eng. Michael M. Thuita has been adversely mentioned. The CEO being the accounting officer of the agency was involved in the implementation of these three projects. Therefore, there is a likelihood that his being in the office will interfere with the smooth provision of documents and persons who may be called upon as witnesses,” EACC CEO Twalib Mbarak wrote to CS Wahome.
CS Wahome in her response, however, maintained that there was inadequate basis to justify the suspension request against Thuita and the alleged crimes.
“The subject matter should be investigations into procurement illegalities in the award of tender of the projects mentioned in your said letter and not suspension as referenced above,” she wrote to the EACC.
“To enable me to consider the recommended action of suspension of the officer alleged to have been involved in the irregularities, kindly let me have the letter of complaint or the complaint file,” the CS added.
The EACC had further justified the request to suspend by saying under Regulation 25 (2) of the Leadership and Integrity Act 2012, one can be suspended from office if he or she is likely to conceal, alter, destroy, remove records, documents or evidence.
Section 47(2) of the same Act also states that a state or public officer may be suspended from office pending the investigation and determination of allegations made against that officer where such suspension is considered necessary.
An official can also be suspended if he or she is likely to intimidate, threaten or otherwise interfere with witnesses or interfere with investigations in any other manner.
An officer under suspension shall be on half pay pending investigations and determination of the allegations made against the officer.
“To this end, based on the reasons stated, it is advised that you consider invoking the above cited provisions and take administrative action against the CEO to pave way for the investigations,” the EACC CEO said in a letter reference number EACC.6/8/5 VOL.IV (39) dated May 24, 2023.
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