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Thursday, March 11, 2010

Stealing Kenyans' Skeletons, Raiding Graves

Suspended Local Government Permanent Secretary Mr Sammy Kirui.


THE PUBLIC RIP-OFF AT CITY HALL; THE FACTS, FICTION AND THEATRE


By Miguna Miguna, MARCH 10, 2010


In law, they call it an open and shut case. That’s what the rip-off surrounding the “purchase of land for cemetery by City Council of Nairobi” is. This is a fraud from the beginning to the end. Let me explain using credible primary evidence and chronologically demonstrate how this fraud was cooked and executed by senior public officers at the Treasury, Nairobi City Council and Ministry of Local Government.

A letter by then PS for Local Government, Sammy Kirui dated 25 June 2008 addressed to the former Town Clerk of Nairobi, John Gakuo, refer to various correspondence between the Nairobi City Council, the Ministry of Local Government and Treasury confirming that the “Government” had allocated funds for the fraudulent transaction. The letter notes that a meeting held at the Ministry headquarters and chaired by the Senior Deputy Secretary on 5 June 2008, stressed the need to “finalize” the transaction. By this date, no land had been identified or purchased. It is unclear how and why Sh 350 million of public funds was released by Treasury to Mr. Kirui.

On June 27, 2008, Mr. Kirui instructed that payment for the non-existent land be processed and Sh 350 million be paid out to unidentified people. The parcels of land identified for purchase were LR 23222, 23223, 23224, 23225, 23226, 23227, 23228, 23229 and 23230, measuring 75 acres to be purchased for use as cemetery. There is reference to a draft sale agreement between the City Council and some unnamed vendors.

Mr. Kirui directed payments on State Counsel E.N. Torome’s Memo dated 27 June 2008. The same day, the Principal Accountant at the Ministry, J.O. Warega, wrote to the Chief Accountant confirming that Mr. Kirui had “approved payment.” Mr. Warega instructed the Chief Accountant to prepare payment of Sh 289 million to E.N. Omotii & Company Advocates as “per the approval.” No indication why this large sum is being paid out. This happened before the land had been located and no Sale Agreement had been signed.

Mr. Kirui sent another letter to Mr. Gakuo on 8 September 2008 stating that “it is noted from your letter that identification of a suitable parcel of land for use as a cemetery through personal visits is not yielding results.” He directed that a paid advertisement be placed seeking appropriate land. Yet, payments were processed by Mr. Kirui more than six months before the required procurement conditions were met or appropriate land identified.

On 30 October, 2008, Mr. Kirui sent another letter to Mr. Gakuo stating that: “It is now 5 months since you initiated action on this matter and yet you have not concluded and advised the Ministry to effect payment. The continued holding of this payment is adversely affecting other financial transactions in the Ministry. From the date of this letter I want to get this matter concluded within a period of 5 days. At the expiry of this period the Ministry will take over the procurement process and proceed with the advertisement for the purchase of the land for the cemetery.”

The haste and desperation to conclude the fraud so as to cash the large public cheque is obvious from the contents of Mr. Kirui’s letter.

By letter dated 4 December 2008, Mr. Kirui says to Mr. Gakuo: “it is particularly disturbing that the tender documents are alleged to have been defective.” Yet, on 18 December 2008, in response to a query by the Chief Financial Officer over the same issue and recommendation that the ministry’s State Counsel peruse the documents, Mr. Kirui responded that “State Counsel perusing the agreement is just another bureaucratic hurdle” to delay the transaction. Kirui pointed out that even “the other bidders” had not complained. Bureaucratic procedure suddenly becomes an unnecessary hindrance.

None of the documents were copied to or signed by Hon. Musalia Mudavadi, in violation of section 144(2) of the Local Government Act that states that all land transactions must be approved by the minister.

On 15 February 2010, the Controller and Auditor-General forwarded his audit report on the transaction to the finance minister, Uhuru Kenyatta. He also delivered a copy to Hon Mudavadi who then forwarded it to the KACC on 17 February 2010, and requested that action be expedited on the matter. On 19 February 2010, Mr. Mudavadi sent a letter to Amb Muthaura, with a copy of the report and asked Muthaura to “take peremptory measures” to implement the report’s recommendations.

Neither KACC nor Muthaura took any action; not until the irregular leakage of an incomplete KACC report. The true value of the land in question is Sh 24 million. The transaction was sealed using a forged valuation report that inflated the price to Sh 325 million, which was paid out to among others, a sister to the PNU’s James Nyamweya. The land purportedly purchased is not the same as the nine parcels listed above. Mudavadi was not involved and never received a cent.

45 comments:

Anonymous said...

Spare us the bullshit, we know ODOMO is full of thugs, eti Weakleaf Mutavati does not know anything.

Anonymous said...

Oh yes, ODM is a people's party!
They stole maize meant for the dying people and now they are stealing from the dead people.
haiya aye!!
Kweli this is a party for change kabisa!

Phil's Mistress

Lukaine said...

he he he the when you put sone facts like that it is so had to argue but still ODM is to blame!!!

Anonymous said...

Muguna defending a goner. He he he.

M. Pesa said...

This blog seems to be dead because it goes even for 3 days without any fresh content! And when This scandal has been exhaustively discussed everywhere else, where was Kumekucha? Actually, this entire post has been copied and pasted from Jukwaaa. And as some blogger said elsewhere, let's wait for the investigations to be completed before we rush to clear any person.

Anonymous said...

Phil,

Am not sure whats wrong with you of late my brother. You have always been objective even when supporting Rao. This time again you are wrong - don't defend the indefensible. People have stolen from the living and we are now stealing from the dead. ODM the peoples party is doing this - who shall we turn too. Who will defend the dead?

Phil - We agreed with Rao that Ruto and Ongeri should take political responsibility, likewise let Mudavadi take political responsibility as well. Period. Let ODM not awaken the spirits of the dead. This is absurd!

Mzee wa Kijiji
Mzee wa Kijiji

Anonymous said...

Wezi wamepatikana. Wezi wamepatikana. Ukweli is all for all to see.

Go Go Mudavadi Go Go Go. Tell the public all. Kenyans are nowadays intelligent. They will decipher, ask questions and conclude.

When you write to the authorities protecting the thieves and they refuse to take action, tell Kenyans publicly.

In fact from today, I want to advise all ODM Ministers to transact their businesses in public so that these squindrells do not try to hide.

Copy RAO. Whenever he talks or consults with Kibaki or meets with him, he tells the people of Kenya. This to some extent has saved him.

The Performance Indicators of these mendes are how many ODM people we have destroyed.

So ODM Ministers, please whenever you have to send any report to the Panuas, let us know. Shout, tell us.

If Mudavadi knew, he would've told Kenyans publicly that he has forwarded the report to KACC. The worst that could've happened would've been insults from the PNU experts after all that is the only good thing they can effectively do. Insult.

Now you see, they're trying to throw mud at Mudavadi.

Another trick ODMers, these mongrels has no principles or morals to stand on. They can only look clean when they try to make you look bad.

They do not know how to look good within themselves coz they've no values. Thieves.

But rejoice, Look at the hands of the person who is throwing shit at you, their hands are full of shit.

For those throwing shit at Mudavadi's face, look at your hands.

Remember, the only good thing these PANUAs can effectively do with speed and efficiency is MATUSI.

If you doubt me, look at the first few responses.

Wamelaaniwa.

Anonymous said...

Wezi wamepatikana. Wezi wamepatikana. Ukweli is all for all to see.

Go Go Mudavadi Go Go Go. Tell the public all. Kenyans are nowadays intelligent. They will decipher, ask questions and conclude.

When you write to the authorities protecting the thieves and they refuse to take action, tell Kenyans publicly.

In fact from today, I want to advise all ODM Ministers to transact their businesses in public so that these squindrells do not try to hide.

Copy RAO. Whenever he talks or consults with Kibaki or meets with him, he tells the people of Kenya. This to some extent has saved him.

The Performance Indicators of these mendes are how many ODM people we have destroyed.

So ODM Ministers, please whenever you have to send any report to the Panuas, let us know. Shout, tell us.

If Mudavadi knew, he would've told Kenyans publicly that he has forwarded the report to KACC. The worst that could've happened would've been insults from the PNU experts after all that is the only good thing they can effectively do. Insult.

Now you see, they're trying to throw mud at Mudavadi.

Another trick ODMers, these mongrels has no principles or morals to stand on. They can only look clean when they try to make you look bad.

They do not know how to look good within themselves coz they've no values. Thieves.

But rejoice, Look at the hands of the person who is throwing shit at you, their hands are full of shit.

For those throwing shit at Mudavadi's face, look at your hands.

Remember, the only good thing these PANUAs can effectively do with speed and efficiency is MATUSI.

If you doubt me, look at the first few responses.

Wamelaaniwa.

Anonymous said...

Got the message right? The treasury released the cash before negotiation procedure was finalized.

Did a ministry full of PNU know something about this deal?
Then, Muthuara took time to react after Mudavadi blew the whistle. Why was Muthaura reluctant? Was PNU planing something.

And then a PNU woman in the City Council claimed that a lawyer Osiemo was representing Mudavadi when cashing a lions share of 59m. Can you believe this PNU woman? I am neutral, but I cant believe her.

Mudavadi blew the whistle and it seems that PNU organized the scam to finish him, so that they can take Western Province in 2012. Tha is the plan.

WELL SAID.

PNU indeed work day and night not to serve KENYANS, But to finish ODMers.

KAZI IENDELEE, Kazi ya kuuwa, kuiba, kuzini, who can remind me of that song in the 70s. Ya kwanza usiuwe, Usizini, Usiibe .... inasema,
USIMSINGIZIE JIRANI YAKO UONGO.

Remember their job descriptions and mandates! Their performance indicators are how many people they've destroyed.

Anonymous said...

This is what PHIL, who purports to be an ODM insider said on tuesday with great conviction:

Prime Minister Raila Odinga was last night [monday] reported to have asked both Mudavadi and Mayor Geofrey Majiwa to take political responsibility of the scam and step aside to allow KACC to undertake forensic investigations. Rumours have been flying around Nairobi this morning that Mudavadi will be handing over his request to temporarily step aside at any time if only to show his party ODM means business in tackling high level graft.


duh?
Duh?
dUH??

luke said...

Ahhh,Kenyan Mickey Mouse politics-
i love this game.

But kudos to stalwart President Kibaki-his taken a firm stand leading from the front and by example, from now on its open office interior(and exterior for stolen cemetry land) decoration for all government offices, this is surely tackling corruption head on with a headbut, indeed a clear knockout with no doubt left corruption will now cease to be a way of life

Anonymous said...

It happened in his Ministry... is he Asleep? Political responsibility needs to take the next course

M. Pesa said...

eti open office plan to stop the bosses from being bribed! Lol where do these moronic policies come from? Before that KACC had resigned to PRAYERS to stem corruption. It just shows how pathetic and out of touch these dimwit politicians are. Who in their right mind gets bribed inside an office in year 2010 when we have online computers transactions, off shore accounts, phones and hatchet men like the on who was used by Mudavadi/Kirui as the point man? It's such warped policies that reminds me we are still a banana republic and the world's laughing stock!

Anonymous said...

PNU and ODM feasting:
http://i41.tinypic.com/2jaafpe.jpg

Anonymous said...

why is it that ODM demanded that Ruto and Ongeri step aside pending investigations, and that there should be political responsibility for the two, yet when it comes to Mudavadi, he can defend himself on the job?

Is this justice the ODM way?

Anonymous said...

OK folks, lets leave Phil out of this.

Anyone willing to confront Miguna and his theories?

Anonymous said...

PNU (now called PDM) is a devil set-up which should never be given a chance to guide this nation.

Anonymous said...

Muthuara MUST GO!
Gakuo MUST GO!

Anonymous said...

New constitution for Kenya?

WE MAY HAVE TOFORGET IT

we must forget a new constitution:
-Not favourable to RAO. who would not want to bea presi under the current one?
-Kibaki's people- even if they are shouting, they dont really want him after 2012. why would they want a new constitution that makes one of them a weeker presi?
- Treasury- what is their role in all this? Uk should e very afraid.

But the facts are that,if ODM carries the day and the draft is not "mutilated", Kenyans will get a new constitution

These side shows about corruption are a non issue. when the referendum comes through, Kenyans will be as they were in 2005!

PDM should try to make some peace with other Kenyans.
Thats the only practical option they have.
Kenya belongs to all, not only to Mt. Kenya. Not to forget that Nyamweya is will be more damaged by the cemntry sag more than Mudavadi. Nyamweya's sister is a majoor recepient of these funds.

For those who need to know, Newton Osiemo was a business partner to Alex Kibaki and family. Get the drift? PDM in real shite when facts are laid bare!

Anonymous said...

Oh yes, ODM is a people's party!
They stole maize meant for the dying people and now they are stealing from the dead people.
haiya aye!!
Kweli this is a party for change kabisa!

Phil's Mistress

Wacha utoto...stick to your domestic duties

Anonymous said...

Really....Its not worth it

Anonymous said...

Spare us the bullshit, we know ODOMO is full of thugs, eti Weakleaf Mutavati does not know anything.

Wacha ujinga...retard

Anonymous said...

Phil,

Am not sure whats wrong with you of late my brother. You have always been objective even when supporting Rao. This time again you are wrong - don't defend the indefensible. People have stolen from the living and we are now stealing from the dead. ODM the peoples party is doing this - who shall we turn too. Who will defend the dead?

Phil - We agreed with Rao that Ruto and Ongeri should take political responsibility, likewise let Mudavadi take political responsibility as well. Period. Let ODM not awaken the spirits of the dead. This is absurd!

Mzee wa Kijiji
Mzee wa Kijiji

Are you a retard or what...perhaps you have ADD...read the article one more time...may be you need someone to read for you like those illiterate kenyan mps who need someone to take them throught the draft

Anonymous said...

Miguna Miguna is the last non Kenyan allowed to contribute in this matter, he is a spoiler. he is giving Raila all the wrong advise, useless man.

Anonymous said...

Miguna,

This is the problem with BA (general) students who go to canada and are allowed to study law. You are a disgrace to the prefession. You assert "mudavadi never received a cent". Please tell me and everyone else here how you know that. Before people can be allowed to become lawyers they must be made to demonstrate that they appreciate the value of evidence. Law, much like science, only goes by evidence. It is wrong to allow vodooists to join an evidence based profession.

Anonymous said...

Acting head of KACC is a Kikuyu PNU activist and Head of NSIS is another Kikuyu - need I say more?

Anonymous said...

Good brief and this post helped me alot in my college assignement. Say thank you you on your information.

Anonymous said...

MUNYARISM

“Just like the CoE went into a retreat to make the draft and just like the Parliamentary Select Committee we intended to go for a retreat to debate it without the procedures of Parliament that are very restrictive”

Me thought that MPs were elected as Parliamentarians all of a sudden debates ( ati consensus building ) should be held outside parliament. Why is he a member of parliament if its restrictive. Debate in parliament that’s your office Mr MP, if you want to make kando kando deals and others refuse that your problem NOT OURS – wonder where he got that notion that the majority are with HIM.

These retreats are the ones used to fleece Kenyans , just like the non-existent retreats, meet it parliament and debate where are Kenyas can have records of what transpired.

Kudos Mr Speaker for upholding the rules and procedures of Parliament unlike previous speakers now the usual suspects want to form parallel parliament in Naivasha.

Anonymous said...

Pall(s)liament - Parliament - palls meetings.

Thats what these retreats are all about. Parliament must remain vibrant and independent.

Anonymous said...

miguna is no differnt with waweru mburu yule wa citizen!!!

Mwarang'ethe said...

Kenyans need not worry too much. They are in very good company.

This mess goes deeper and wide than many of us think:

http://www.facingmortgagecrisis.org/?p=802

ITMoron said...

Newton Osiemo, the main culprit,is mudavadi bossom friend all the way from nairobi school to UON.

Anonymous said...

This is the problem with BA (general) students who go to canada and are allowed to study law. You are a disgrace to the prefession. You assert "mudavadi never received a cent". Please tell me and everyone else here how you know that. Before people can be allowed to become lawyers they must be made to demonstrate that they appreciate the value of evidence. Law, much like science, only goes by evidence. It is wrong to allow vodooists to join an evidence based profession

WACHA WIVU

Mwarang'ethe said...

"Leaving aside" this boring business of "fighting corruption," we wish to refocus on the real issues.

However, we do so, while explaining what this "scandal" really means and says about us.

This time, we focus on the unveiling of Sumsung's "new phone handset" as a text book case of what is wrong with our nation and our thinking.

The launch is available here:
http://www.youtube.com/watch?v=EVC4OcWFf9U&feature=player_embedded#

A few questions emerge from this "fanfare":

(a) Would a small time Kenyan innovator receive such FREE marketing boost Nation TV?

And, do we have policies in place to ensure a Kenyan would be innovator will receive a better deal?

If no, how can a Kenyan unknown innovator market his new products to compete with Sumsung?

(b) We have noted that, capitalism is a game of rent seeking. The only difference is what type of rent a nation specialises in.

As evidenced by this cemetery saga, we specialise in fighting over STATIC RENTS in land.

This "new" handset shows what we mean. By putting a few stuff in the phone, like adding some sexy colours, they will it is new and trendy and thereby, make it a bit expensive for our pockets.

Its price cannot be justified by labour and capital invested. In that case, much of the price will be pure rent which will go back to Sumsung's home in terms of:

- higher wages (better purchasing power) in the home nation,

- higher profits (future R & D investments) in the home nation, and

- higher tax (better schools) collection in the same nation.

Thus, instead of Kenyans cheering new Sumsung phone while stratting like peacocks for peanuts, they should be crying in shame.

While at it, we hear the Sumsung leadership tell us that, they are helping alleviate poverty in the slums.

ahahha. Interesting stuff we hear these days. By launcing this set, they will be taking money from thse slums in the form of new phone rents and take back home as we have explained above.

Fools die for lack of wisdom and no doubt, these foreigners see us behaving like monkeys.

If you doubt, didn't u see our Minister of Communication launching a foreign product. He must have felt very honoured. No doubt, like old Africans felt honoured when they were given tobacco by slave dealers.

Just imagine Obama's minister lauching a new Toyota car in America.

Or, a UK minister launching a BMW car in the UK, or a Chinese Minister launching an American made plane in China.

We say it again. The issue is economic structure stupid.

Anonymous said...

The minister must have been honoured as he got free handsets for his family - thats all he cared about, the BIG PICTURE does nor exist in "the village leaders in expensive suits" vocabulary

Anonymous said...

Choruses of the absurd, that is what we have all become good at. Yes "WE" the experts on everything Kenyan.

Regurgitating every rumour, gossip, and political toilet literature that is passed on as validated evidence against the "enemy from the other side."

I must have missed this one, the stale political regurgitation and tribal incantations that have been going on for the last several days.

So, I am left wondering what the next release of the same old same old choruses of the absurd will be for the weekend and the following week?

As always, I am eagerly waiting for the next warm ... to be dumped for consumption by fellow seasoned flies out there on Kenyan soil and in the usual isolated corners of the diaspora.

What a waste I have become since December 2007. I am now an expert in the regurgitation of yesterday's political rumours, sound bites and biased news articles.

I am sure that is why Daniel arap Moi, the "master of masters" must have become bored of listening to his one time prophetic rendition:
"I Hate To Say That I Told You (Kenyans) So! Now Look At What You Are Doing To Yourselves And Country!"

Anonymous said...

"The minister must have been honoured as he got free handsets for his family - thats all he cared about, the BIG PICTURE does nor exist in "the village leaders in expensive suits" vocabulary "

You made my day ,hehehe

Anonymous said...

What is this bullshit about KACA.Thye have done absolutely nothing since the body was formed.
Now they have joined PNU side disrupt fight against corruption.
Nommatter what they do ODM is still strong and is unshakable.
We as ordinary mwananchi know their intention.
They never intended kenyans to have a new constitution.
That is why they did not budget for it.That why they are trying to scuttle it.
Can someone tell me who owns the Naivasha retreat hotel that has suddenly become very popular with mps.
Someone may just be out to make money.
Shame on our mps.I wish I could find a way to poison theyr food during the retreat.If they all died maybe we will start from a clean plate.

Anonymous said...

Mwarang'ethe,

I like your thinking ... how i wish you were part of the Dream Team them days.

It’s disappointing on how we continue enriching foreign nations while we are been swallowed by poverty. Just like we are giving the local artists and actors airtime we should give the entrepreneurs, innovators and scientists that airtime too.

Anonymous said...

That's what happens when ignorant people hate who they really are. We are a people who love anything but Kenyan and African for that matter.

So what do we expect? Some of our first (european) names speak volumes of who we think we are and what we want to be.

Unfortunately, we will always be slaves to other people's (europeans) cultures and edicts.

Anonymous said...

@3:49
A BA(general) means that the person must have earned two principals and 2 subs at A-Levels (Arts).

This person is academically ten times more mature than one with a grade A plain in the 8-4-4 system.

People were taught to think and analyse. Today you only have to crum and even steal exams.

And then the education in Canada is more superior than from any college in your country Kenya.

Anonymous said...

Anonymous said...

Spare us the bullshit, we know ODOMO is full of thugs, eti Weakleaf Mutavati does not know anything.

Wacha ujinga...retard

Of course we know you are a retard

Anonymous said...

@6:57 AM

Ati ... 10 x more mature than ... plain A in the 8-4-4 system?

Says who? Just a take a second look at the hellish exitence that Kenyans are going through at the moment. What do you find? Who is responsible? What are the two generations that have caused the mess?

80% of the current crooks, corrupt, and ignorant members of parliament and civil servants are products of the archaic 7-4-2-3 colonial system. What happened to the superior system of education?

BTW, cramming for tests, end-year exams, the grand-final exams and stealing of exams in Kenya is as old as the day when the last mzungu was forced out of the Kenya examination council.

Who once said that a system is charged by the type of products it produces at any given time?

LOL! Where are the 7-4-2-3 products when they are needed to rescue Kenya from the currrent corrupt leadership?

Mwarang'ethe said...

They (so called Transparency International and others) keep on telling us that Africans are very corrupt and this is the reason why we are poor.

Ok, what about this? "Lehman: How $50bn was buried in London."

Inter alia:

- a US court-appointed examiner of the collapsed Lehman tells us that, these guys used an accounting ruse to keep from public view some $50bn of loans and investments.

- Ernst & Young the global accounting firm is liable to claims for damages because of its alleged "failure to question and challenge improper disclosures" by Lehman.

- Lehman obtained an "opinion letter" from Linklaters (law firm) in London saying that the relevant deals were permissible under English law - and the relevant transactions that hid the assets were then conducted through Lehman's London operations.

Source: http://www.bbc.co.uk/blogs/thereporters/robertpeston/2010/03/lehman_how_50bn_was_buried_in.html

NB: We listen to these guys at our own peril.

How come "fighting corruption" which is endemic in the West is not what governance is all about in the UK?

Madoadoa from Lesotho said...

Oh my God! This post is still going on?!
Where is Chris, for Christ sake! Come and resurect this blog from dead!!

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