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Sirisia MP John Waluke and his Kimilili counterpart Didmus Barasa are facing a possible arrest and prosecution for allegedly masquerading as former senior officers at the Kenya Defence Forces (KDF).

The Ethics and Anti-Corruption Commission (EACC) has written to the National Assembly, warning the lawmakers against misuse and misinterpreting of military titles.

Waluke has been referring to himself as a Major (rt) while Didmus refers to himself as a Captain.

The MPs who are Deputy President William Ruto’s foot solidiers in Western Kenya have now been warned that the continued use of the titles is criminal under the Penal Code and Leadership and Integrity Act.

EACC boss Twalib Mbarak says that his office had written to Parliament and the military after noting that the two lawmakers left the military as private soldiers and not as holders of the titles they purported to have held at the time of their discharge from service.

Mbarak noted that this is one of the unfortunate cases of senior State officials impersonating as former senior military officers yet they never attained the titles.

Barasa who is facing other charges relating to fraud and assault told Parliament that he served at Kenya Armed Forces as a Captain attached to the technical wing in the years 2001 and 2007.

An investigation done by EACC has however, revealed that Barasa only served for one year before he was fired for absenteeism and forgery.

According to sources, Barasa was successfully recruited to the military in October 2007 and completed his training in May 2008.

He then proceeded to the Kenya Defense Technical College in Nakuru. It was after he absconded duty for many days without permission, an offense under the military laws, that he was arrested in 2009 and subsequently fired.

The letter sent to the MP with a copy to National Assembly Speaker Justin Muturi, Clerk Michael Sialai and Chief of Defense Forces General Robert Kibochi warned Barasa against giving false information and misleading the public.

On the Parliament’s official website, he is identified as a former Kenya Air Force Captain who served in the military for six years.

Waluke on the other hand joined the military on April 1980, and was deployed to the 76 Armored Reece Battalion in Gilgil where he worked as a tank loader and later a driver at the headquarters in Nairobi.

The MP served for 14 years and attained the rank of Senior Private (SPTE) but left in May 1994 “Upon approval of your request to be discharged on compassionate grounds.”

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Former Nairobi County Assembly Speaker Beatrice Elachi is on the spot over promotion of 28 senior officers when she was serving as the county speaker. The Ethics and Anti-Corruption Commission is currently investigating an alleged irregular promotion of the officers between 2017 and 2020 by Elachi who was then the chair of County Assembly Public Service Board.

The CAS have been accused of conducting the promotions in total disregard of the law and due process. A letter from the EACC to the clerk of the county assembly dated September 22 read, “The Commission pursuant to its constitutional and statutory mandate is investigating allegations of abuse of office against Hon. Beatrice Elachi, the former Speaker and Chair, Nairobi City County Assembly Service Board and the illegal conduct of the board.”

Sources reveal that Elachi and the board are being accused of conducting promotions without requisite budgetary provisions. They did not take budgetary provisions nor engage the Commission for Revenue Allocation to cater for the promotions in 2019.

They further stated that their actions strained the budget and led to the suspension of critical services to allow the assembly to pay salaries. This led to creation of bills worth 51 million by the end of the financial year 2020/2021. The board is further accused of bias and discrimination while carrying out direct appointments; “favoring contract employees related to the chairperson of the board as of 2019.”

It is revealed that the assembly had 18 interns but all their services were terminated except for a few. Later on, the terminated interns were recalled and employed on contract. In addition, the officers continued to earn salaries without contracts of employment, leading to loss of public fund.

Other allegations include; disregard for schemes of service in terms of qualification and experience there was appointment of officers to positions they were not qualified for, others were promoted and appointed to positions that were not vacant, leading to redundancies, overlaps and loss of funds. Further, the move by the board to create two offices of the Deputy Clerk is a matter of concern to EACC.

The Commission has requested to be furnished with documents that will assist in further investigations. It further wants personal documents of the Deputy Clerk Administration and all the Directors of the Nairobi County Assembly Service Board. It further wants the list of all principal officers, senior officers and all officers given direct appointments among other documents. Elachi however denied receiving any letter from the EACC

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A senior government official has found himself in trouble after failing to account for millions of shillings that was found stashed in different bank accounts.

Benson Muteti Musila, a regional manager at the Kenya Rural Roads Authority (KeRRA) was found by the Ethics and Anti-Corruption commission (EACC) to have more than half a billion shillings stashed in 22 bank accounts.

On top of that, the official has 27 properties, shares in multiple companies and schools, which the anti-graft agency has linked to kickbacks from contractors to the State.

EACC has applied for the seizure and forfeiture of his assets, saying they are part of unexplained wealth worth Sh952.3 million.

The anti-graft agency was initially targeting more than Sh1.03 billion but Mr Musila satisfactorily explained properties with a cumulative value of Sh78.7 million.

The EACC says the bank accounts and the real estate property in Nairobi, Makueni and Kilifi counties could not have been built by his monthly salary of Sh390,000, arguing that he was a beneficiary of kickbacks from road contractors.

“The commission pursuant to Section 55(2) of ACECA has instituted a suit seeking forfeiture of the above stated assets of Sh952,363,824.99 which were acquired at a time the Respondents were reasonably suspected of corruption or economic crimes,” the petition stated.

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Ethics and Anti-Corruption Commission (EACC) has broken its silence after claims that two of its officers had raided lawyer Dr John Khaminwa’s offices on Saturday July 3, 2021.

Through a statement posted via its social media handles on Sunday morning, the anti-graft agency distanced itself from any operations that allegedly took place at Dr Khaminwa’s offices.

The commission said that the media reports suggesting that EACC visited the offices of the Senior Counsel are unfounded.

“EACC wishes to notify the public that it did not conduct any operation yesterday and media reports suggesting that EACC visited the offices of John Khaminwa Senior Counsel are unfounded,” the commission posted.

Reports on Saturday emerged that that police officers had visited Khaminwa’s office following his submission on the BBI case on Friday, July 2.

Commenting on the matter, Khaminwa dismissed reports that police officers visited him, rather, he noted that imposters stopped by and asked for money. He added that the impersonaters referred to a matter that the firm had previously handled.

“They claimed to be police officers on duty but I did not get the impression that they were officers at all. They asked for money but we did not give them,” Khaminwa stated.

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The Office of the Director of Public Prosecutions has declined to approve charges against officials implicated in the Kenya Medical Supplies Authority (KEMSA) scandal.

DPP Noordin Haaji on Friday October 2, 2020 returned the KEMSA inquiry file back to Ethics and Anti-Corruption Commission (EACC) after identifying gaps in investigations that need to be filled before he makes the decision to charge.

He directed his team of senior prosecutors appointed to review the file to conduct joint meetings with EACC to expedite the investigations.

According to a statement issued by his office, before making decision to charge, the DPP ensures there is sufficient evidence to support charges with a reasonable prospect of conviction in line with the Constitution, ODPP Act, National Prosecution Policy and Decision to Charge guidelines.

EACC officials had recommended the prosecution of six senior officials from Kemsa.

DPP Haji stated that the matter had attracted great public expectation and it was important for the team to ensure that there was sufficient evidence to support charges with a reasonable prospect of conviction.

“The constitution provides that the DPP must exercise State powers of prosecution with regard to the public interest, the interests of the administration of justice and the need to prevent and avoid abuse of the legal process,” reads the statement.

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The DPP indicated that his team had identified key areas that needed to be sufficiently covered by way of further investigations before the final decision could be made.

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Haji stated that his office had also not received an audit report that had been presented to the senate on September 30, 2020, by the Auditor General, Ms Nancy Gathungu.

Once the DPP received the report, he vowed that it would also be taken to consideration.

The DPP stated that the inquiry file had been returned to the EACC to cover the areas identified for further investigations.

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On September 18, 2020, the DPP received an inquiry file from the EACC on the allegations of irregular procurement and fraudulent payments relating to the purchase and supply of Covid-19 emergency commodities at KEMSA which led to the irregular expenditure of public funds amounting to Ksh 7.8 billion.

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The Ethics and Anti-Corruption Commission (EACC)  has warned  governors over their move to deny media houses advertisements.

The warning comes a day after Council of Governors chairman Wycliffe Oparanya wrote to Nation Media Group (NMG) notifying the company of the decision to deny them any advertisements over a graft story.

In a letter addressed to Oparanya on Thursday, CEO Twalib Mbarak said such a move is inappropriate.

Mmarak said that the move offends the Constitution and relevant laws that govern acquisition of goods and services by public entities.

He warned that any accounting officer or any other public officer who may proceed to implement such unlawful instructions will be held personally liable.

Mbarak said the council violated article 10 and article 227 (1,3 and 21) when issuing the directive.

The article notes that;

1) The national values and principles of governance in this Article bind all State organs, State officers, public officers and all persons whenever any of them;

(a) applies or interprets this Constitution; (b) enacts, applies or interprets any law; or(c) makes or implements public policy decisions.

Article 227 says that (1) When a State organ or any other public entity contracts for goods or services, it shall do so in accordance with a system that is fair, equitable, transparent, competitive and cost-effective.

“Your letter, therefore, amounts to unlawful instructions and the contemplated action by county government could render all culpable persons liable to the applicable legal consequences including criminal prosecution,” Mbarak said.

The story published by NMG had the headline ‘Eight governors on graft hit list’.

In the story, the publication reported that the anti-graft agency had narrowed down to eight counties in its investigation into corruption.

The Media Council of Kenya, Media Owners Association and Kenya Editors Guild also  criticised the CoG’s move.

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Officers from the Ethics and Anti-corruption Commission (EACC) are currently raiding Kenya Medical Supplies Authority (Kemsa) offices along commercial street in Industrial area, Nairobi.

According to sources who spoke to this writer, the officers are taking away computers.

The sources also revealed that all staff at Kemsa have been locked inside as the operation goes on.

The officers are following up on the Kemsa scandal that saw billions of shillings disappear in the hands of rogue suppliers.

KEMSA is under fire over allegations government officials and businessmen pilfered Ksh 4 billion  in public money earmarked for medical equipment needed in the fight against coronavirus.

President Uhuru Kenyatta had instructed the anti-corruption commission to expedite its investigation into KEMSA, which is responsible for supplying Kenya’s overwhelmed hospitals treating coronavirus patients. KEMSA’s CEO and other top officials have been stood down.

President Kenyatta also said the health ministry had 30 days to develop a “transparent” system so that KEMSA’s procurement processes could be published online.

“This level of transparency and through the use of technology, will go a very along way in ensuring that we have the confidence of our people that those placed in institutions are able to manage the resources of the Kenyan taxpayer plus our development partners in an open and transparent manner,” the president said in a statement.

The KEMSA scandal came after Kenyan investigators vowed a separate inquiry into the alleged theft of PPE supplies donated by Chinese billionaire and Alibaba founder Jack Ma.

The allegations of graft and misappropriation surfaced as new infections of Covid-19 soared across Kenya, though numbers have dipped in recent weeks.

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Detectives from Ethics and Anti-Corruption Commission (EACC) have arrested Kenya Ports Authority ( KPA) General Manager for Finance Patrick Nyoike,his wife Jacinta Wambugu and a KPA clerical officer Isaack Obunga over irregular payments of Kshs.214 million.

According to a statement by the Office of the Director of Public Prosecutions (ODDP), it has shown that Mr. Patrick Nyoike allegedly used his power to allocate the money to Nyali Capital Limited, a microfinance business which is run by his wife Jacinta Wanjiku Wambugu who acts as the company’s General Manager along with other directors.

 “Indeed, Patrick Wambugu Nyoike facilitated Nyali Capital Limited’s microfinance business to finance the KPA suppliers, Local Purchase Order (LPOs) and Local Service Orders (LSOs) and thereafter used the KPA system to have the principal and the interest from the said suppliers remitted to Nyali Capital Limited’s account by the KPA,” the statement read.

According to the ODPP, Nyali Capital Limited acted as a vendor in the KPA portal which indicates a conflict of interest and also a break of the codes and conducts. 

 “This demonstrates a conflict of interest on the part of Patrick Wambugu Nyoike, the General Manager Finance at KPA,” the ODPP’s statement adds.

Probing Mr. Wanyoike started Last year when the anti-graft detectives raided his house under probe of siphoning millions from the company to a private developer.

The Ethics and Anti-Corruption Commission (EACC) then, claimed they were working on a tip-off suggesting that a sum of Sh241 million were moved from the company to an individual close to Mr. Patrick Wambugu Nyoike. 

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Ethics and Anti-Corruption Commission (EACC) has demanded documents over suspicious procurement of food and medical equipment—as well as hiking of prices, which have emerged as the most common avenues abused by corrupt county staff to skim off public resources.

A total of six counties are now on EACC radar over alleged misuse of funds meant to fight the Covid-19 pandemic.

Among the six Counties is Bungoma, where common jerrycans used for carrying water were bought at Sh10,000 each, Kilifi over the Health ministry’s expenditure and a county in North Eastern Kenya where the probe has just began.

On Sunday, EACC executive officer Twalib Mbarak told a local daily he is focusing on claims of inflated prices, conflict of interest where unscrupulous officials are said to have awarded inflated tenders to relatives and cronies as well as cases where firms are supplying less than the agreed order.

“The expenditure is the most vulnerable where there are county officers who do not have integrity. They are taking advantage of the situation but we are tracking them and they should know that crime doesn’t expire.Even after the pandemic, we still go for them,” Mbarak told the local daily.

Further, the EACC is investigating claims of supply of substandard goods and services, and poor planning by counties, leading to wastage. For example, some county officials are installing too many sanitising jerrycans in public places without water and soap.

The purchases, Mbarak said, awere sanctioned by corrupt officials who detectives suspect are getting fat kickbacks from suppliers who are being picked through direct procurement and single sourcing.

The EACC chief said immediately coronavirus became a crisis, and with counties being deeply involved in mitigating the spread, the agency anticipated that corrupt officials could take advantage to steal public resources.

Yesterday, however, Machakos Governor Alfred Mutua defended county officials against accusations of using the pandemic to misappropriate funds, saying their actions were guided by Gazette Notice Number 53 signed on April 2 on asset disposal.

However, according to multiple sources, direct procurement and single sourcing which had been allowed since the pandemic broke, had opened avenues for corrupt officials including governors, to dish out business to their cronies and relatives.

The tenders mostly involve supply of foodstuff, medical supplies and equipment to promote hygiene such as hand washing containers and sanitisers and expenditure in health departments. 

To this effect, EACC sent a circular to Council of Governors chief executive Jacqueline Mogeni and copied it to Council of Governors chair Wycliffe Oparanya, asking counties to ensure corruption loopholes are sealed. 

“The commission will be keenly monitoring the utilisation and management of public resources by all county governments and State agencies to avert any loss or misuse of public resources during the current extra ordinary period,” said Mbarak’s letter, copied to the Head of Public Service Joseph Kinyua.

But it appears the advice was ignored and some counties, which have been announcing that they had set aside millions to fight the pandemic by equipping hospitals, promoting hygiene and donation of food, are taking advantage of the virus to siphon public funds.

For instance, Bungoma county headed by Governor Wyclife Wangamati, allegedly bought 600 20-litre jerrycans at Sh10,000  each to distribute to residents in a hand washing drive, and the EACC boss said there are similar reports from other counties. 

In the Amason Kingi-led Kilifi county, Mbarak said they were probing tendering transactions in the Health department, noting that they had asked for relevant documents to facilitate investigations.

The North Eastern county, which Mbarak did not name, is said to have drafted a Sh450 million budget to fund Covid-19 activities, but according to the EACC chief, the itemisation does not make sense and could be a ploy to facilitate theft.

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Former Agriculture Cabinet Secretary Mwangi Kiunjuri’s woes seem to be not yet over after getting axed by president Uhuru Kenyatta over incompetence.

An ongoing investigations into alleged illegal payment of Sh1.8 billion for maize supply got Kiunjuri grilled by EACC officers on Monday.

He was summoned to the EACC offices where he spent the better part of Monday afternoon responding to the questions from detectives on the payment to Commodity House Limited on June 28, 2019 for maize supply to National Cereals Produce Board (NCPB).

According to reports by The Standard, Kiunjuri was summoned through a letter dated January 14 – on the same day he was fired by President Uhuru Kenyatta and replaced by Peter Munya.

The letter states the commission is investigating allegations of corruption in the supply and delivery of white maize in the financial year 2016/2017 which was procured by the ministry.

Former Agriculture Principal Secretary Richard Lesiyampe was also questioned over the matter.

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Nairobi County governor Mike Mbuvi Sonko has been remanded at Industrial area prison for two more days pending ruling on his bail application set for Wednesday 11/12/2019.

Warrants of arrest have also been issued against suspects who were not before court today( Monday).

Sonko was arrested on Friday last week and spent the weekend locked up.

This will bring to five days, the number of days the flamboyant governor will be in the cells.

The Office of the Directorate of Public Prosecution had on Monday opposed Sonko’s release on bail.

Sonko, along with several other Nairobi County officials, was arraigned before Anti-Corruption Magistrate Douglas Ogoti to answer to Sh357 million graft charges at City Hall.

The DPP represented by Gitonga Riungu and James Kihara opposed Sonko’s release on bail citing he had escaped prison before.

The prosecutor cited an incident on March 12 in 1998 where Sonko was convicted for failing to appear in court over three cases in Mombasa.

He was sentenced to pay a fine of Sh500,000 in the first case and Sh200,000 in the second case.

In default, he was to serve six months imprisonment for each case consecutively.

Kihara quoted the Commissioner of Prisons who said while Sonko was at Shimo La Tewa Prison, he sought treatment at the Coast General Hospital after which escaped from lawful custody.

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Nairobi Governor Mike Sonko has denied more than 10 counts related to money laundering, receiving bribes and conflict of interest in a Sh357 million scandal.

While appearing before Milimani Law Courts on Monday morning, Sonko pleaded “not guilty” to all the charges when he was arraigned before anti-corruption court magistrate Douglas Ogoti, in a packed court that was secured by anti-riot police officers.

He was represented by several lawyers led by Cecil Miller, who unsuccessfully applied for an anticipatory bail soon after the Governor was arrested in Voi in a dramatic scene captured on video on Thursday after the Director of Public Prosecutions Noordin Haji indicted him and 18 others.

Heavily armed anti-riot police officers were deployed around the court precincts following reports his supporters were planning to hold demonstrations, including the city centre to protest his arrest.

Sonko was escorted to court at 7 am in handcuffs, amid tight security.

His application to be released on bail will be heard today at 2:30 pm.

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There is a heavy police deployment near Milimani Law Courts where Nairobi governor Mike Mbuvi Sonko is set to be arraigned this morning.

Traffic has been interrupted with as General Service Unit (GSU) officers alongside anti-riot police officers are not allowing any vehicle to go past Milimani Law Courts.

People working at the Court are the only ones allowed to use the road heading to Milimani Law Courts.

Several people have been affected as they have been forced to find alternative routes.

This is to ensure that there is no commotion and protests from Sonko’s supporters when he gets arraigned.

Watch the video via this tweet, Courtesy/Citizen Tv

Reports also indicate that over 150 police officers have been deployed in Voi town to prevent any protests likely to occur when the governor is brought before court.

Sonko will be flown to Voi after his appearance at Milimani Law Courts answer to charges of assault.

He will take plea in a case where he is accused of assaulting Coast regional police commander Rashid Yakub.

Sonko suffered a blow last Friday after a judge declined to grant his request for anticipatory bail following his dramatic arrest in Voi.

During his arrest, Sonko allegedly became violent and assaulted the coast police boss by kicking him around the calf area.

At a Voi court, Sonko will be charged with assaulting a police officer while on duty. He will also be charged with two other counts of obstructing lawful arrest and offensive conduct.

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Nairobi County governor Mike Mbuvi Sonko will today (Monday) appear in two different courts to face different charges.

Sonko is expected to appear before the Voi Law Courts, Taita Taveta County to take plea in a case where he is accused of assaulting Coast regional police commander Rashid Yakub.

During his arrest, Sonko allegedly became violent and assaulted the coast police boss by kicking him around the calf area.

He will be flown to Voi to be charged with assaulting a police officer while on duty. Sonko will also be charged with two other counts of obstructing lawful arrest and offensive conduct.

The county chief who is also facing corruption related charges, is also expected to appear in an anti-graft court in Nairobi after spending the weekend behind bars.

He was arrested at a road block in Voi, along the Nairobi-Mombasa highway, by detectives a few hours after the Director of Public Prosecution Noordin Haji ordered for his arrest.

The governor tussled with police at Ikanga airstrip before he boarded a police chopper that had been sent to airlift him to Nairobi for questioning.

Drama ensued leading to a scuffle between Sonko, his aides and police officers.

The county boss had refused to board forcing police officers to bundle him into the waiting aircraft.

Sonko alongside other county officials are facing prosecution over irregular payments amounting to Sh357 million.

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Nairobi county governor Mike Mbuvi Sonko has maintained that his arrest was Politically Schemed and designed to Humiliate and Embarrass him.

Taking to his social media accounts on Sunday evening, Sonko condemned the manner in which he was arrested, faulting DPP Noordin Haji for failing to summon him instead.

He has condemned his arrest, accusing the government of using excessive force on him.

Sonko says that a total of 25 police cars, a police chopper and 200 police officer were deployed to arrest him.

He however called for calmness from his supporters as he gets processed to appear in court tomorrow (Monday) to face corruption charges.

Sonko was arrested on Friday in Voi after DPP Haji issued a warrant of arrest against him.

Here is Sonko’s full statement.

“MY PERSONAL STATEMENT

“In the last three months, I have been summoned by the EACC four record times, where I have faithfully honoured all the summons.

“Question is, WHAT was so difficult for Mr. Noordin Haji or even Mr. Twalib Mbarak to follow the same process of summoning me to present myself at the Eacc offices for processing and charging?

“Iam convinced that my arrest was politically schemed and designed to humiliate and embarrass me. There was no point for the deployment of a police helicopter, more than 25 police cars, and 200 police officers to locate and arrest me, while we all know that, on the same material day, there was terror attack in Wajir County where the chopper with this kind of reinforcement, deployment and operation was needed.

“Lastly and most importantly, I wish to call upon ALL my loyal supporters and well-wishers to remain calm and stay at home or go to their usual places of work from tomorrow (Monday), as I get processed to appear before a court of law.

“I am a law abiding citizen, and therefore ask my supporters to stay away from the courts or any other activities that may threaten the peace.

“I urge all my supporters to allow the law enforcement agencies to do their work, and let the law take its course. The peace and stability of Nairobi is more important than anything else.

“Kwahivyo tafadhalini nawaomba muwache nipambane na hali yangu ninapofikishwa mahakamani kesho asubuhi kujibu mashtaka yanayonikabidhi. Kitu ninahitaji kwenu nyote wapendwa kwasasa ni maombi hata mahaters wangu wote muniombee ninapopambana na hali yangu.

“Ahsanteni sana, na Mungu awabariki Nyote.

“I am a law abiding citizen, and therefore ask my supporters to stay away from the courts or any other activities that may threaten the peace.

“I urge all my supporters to allow the law enforcement agencies to do their work, and let the law take its course. The peace and stability of Nairobi is more important than anything else.

“Kwahivyo tafadhalini nawaomba muwache nipambane na hali yangu ninapofikishwa mahakamani kesho asubuhi kujibu mashtaka yanayonikabidhi. Kitu ninahitaji kwenu nyote wapendwa kwasasa ni maombi hata mahaters wangu wote muniombee ninapopambana na hali yangu.

“Ahsanteni sana, na Mungu awabariki Nyote.

______________________________
H.E. Mike Mbuvi Sonko, EGH
Governor, Nairobi City County

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Nairobi Governor Mike Mbuvi Sonko caused drama at Ikanga Airstrip in Voi when he was being arrested by Ethics and Anti-Corruption Commission (EACC).

In a video doing rounds on social media, Sonko refused to board a police chopper that was to airlift him to Nairobi after his arrest.

Police officers were forced to handcuff him.

Sonko has been arrested in Voi by detectives from the Ethics and Anti-Corruption Commission (EACC) while trying to escape arrest.

According to EACC, Sonko was attempting to escape at a road block in Voi when the detectives waylaid him.

“EACC confirms that Nairobi City County Governor Mike Sonko Mbuvi has been arrested while escaping arrest at a road block in Voi and is being transferred to Nairobi to face charges of corruption and economic crime,” read the tweet from EACC.

He is expected to arrive in Nairobi afterwhich he will be taken into police custody awaiting arraignment.

Sonko is alleged to have benefited from irregular procurement and payments amounting to Kshs.357, 390,299 million.

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