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By Talkafrica Correspondent
Nairobi, Kenya – The Ethics and Anti-Corruption Commission (EACC) has filed a detailed replying affidavit in the High Court, revealing the intricate financial trail that led to a National Land Commission (NLC) director receiving Ksh 7 million from a land compensation deal he was involved in processing.
The affidavit, sworn by EACC Forensic Investigator Catherine Ngari, is in response to a petition filed by public interest litigant Abdi Billow Osman, who is seeking to block the re-appointment of Bernard Kibet Cherutich as the NLC’s Director of Finance and Corporate Planning.
According to the court documents, the EACC investigation found that Cherutich, while serving as the Deputy Director of Finance at the NLC, was a signatory to a bank account belonging to Lorgis Logistics Limited, a company that received a Ksh 7 million payout from a Ksh 109.7 million compensation for land acquired for a government project.
The Paper Trail
The EACC’s affidavit lays out the sequence of events:
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The Acquisition: The NLC compulsorily acquired land parcel LR. No. MN/VI/3801 on behalf of the Kenya National Highways Authority (KeNHA) for road construction, awarding Ksh 109,769,363 to the registered owner, M/s Tornado Carriers Limited.
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The Approval: On October 30, 2017, Dr. Salome Munubi requested approval for payment. The CEO, Tom Chavangi, approved it, and the schedule was forwarded to the Director of Finance, Francis Mugo, who then marked it to his deputy, Bernard Cherutich.
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The Payment: The funds were paid in two tranches: Ksh 55.2 million to a Tornado Carriers account and Ksh 54.5 million to the account of C.W. Chege Advocates.
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The Distribution: The EACC states that the funds in the advocate’s account were subsequently distributed to various individuals and entities. On November 27, 2017, Lorgis Logistics Ltd received Ksh 7,000,000.
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The Connection: The EACC’s investigations established that Cherutich was a signatory to the Lorgis Logistics bank account, despite having resigned as a director.
The EACC concluded that Cherutich received the Ksh 7 million through Lorgis Logistics Ltd. The affidavit notes that the investigation also found the compensation was improper because the land was encumbered by a charge to Imperial Bank, exposing the government to financial risk.
Following the investigations, Cherutich reportedly offered to pay back the money. He subsequently paid Ksh 7,000,000 into the EACC’s Asset Recovery Account. The affidavit argues that the Commission fulfilled its mandate by recovering the funds, and that the issue of Cherutich’s removal from office is a matter for his employer, the NLC.
The EACC’s affidavit is the latest development in a case that has spotlighted the vetting of public officials. The petitioner, Abdi Billow Osman, argues that despite the EACC findings and the recovery of funds, Cherutich’s integrity remains compromised, making him unsuitable to hold a position of fiduciary trust. The petition seeks to permanently bar him from the office.
