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CORRUPTION INVOLVING ABUSE OF OFFICE BY HON.

BERNARD KIALA,
DEPUTY GOVERNOR, MACHAKOS COUNTY LEADING TO THEFT OF
IRRIGATION PIPES AND OTHER EQUIPMENTS FROM KAMU IRRIGATION
IN KIBAONI LOCATION, MWALA SUB-COUNTY TO HON. KIALAS PRIVATE
FARM
CHRONOLOGY OF EVENTS
1) On 31st March, 2013, Ms Osiligi Engineering Ltd was awarded a contract for
rehabilitation of KAMU Irrigation Scheme in Kibaoni Location, Mwala SubCounty by the Department of Water, Machakos County Government at a
cost of Kshs. 13,640,950,900
2) A letter of award was issued on 4 th April, 2015 and acceptance received from
Ms Osiligi.
3) On 24th April,2014, LSO No. 0950240 was issued to Ms Osiligi by the
Department of Water.
4) Later, Mr. Julius Kilungu on behalf of Ms Osiligi Engineering Ltd presented
an invoice for payment of 70 % of the contract amount.
5) On receiving this invoice Mr. Jeremiah Lemi the Chief Officer in charge of
Water then, instructed the Ag. Director Water via letter Ref. MWIS/MC/1/25
Vol.1 9 dated 25/6/2015 to ensure that all works are validated before
processing of payment.
6) Based on the above instructions, Eng. William Makau was instructed to
verify the works done at KAMU by Ms Osiligi in light of the Certificate of
Payment presented.
7) Eng. William Makau visited the site on 30 th

July 2014 and by his letter

dated 4th August, 2014 to the Director of Water indicated that despite the
request to pay 70% of the total amount:(i)
The project had not started.

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(ii)

Only pipes valued at 4,615,000 had been delivered and abandoned at

the site.
8) This led the office to suspect foul play and attempts of fraud. The pipes also
seemed to have been rushed to the ground for the sole intention of justifying
the verification. Based on this the Chief Officer, Mr. Jeremiah Lemi wrote to
the County Secretary on 1st October, 2014 who in turn wrote to the Criminal
Investigation Department, Machakos

to investigate the

matter on 16 th

October, 20155.
9) The suspicion of fraud was later affirmed and admitted by a letter signed by
Ms. Mary Goretti and Mr. Julius Kilungu of

Ms Osiligi Engineering Ltd

dated 8th May 2015. The letter brought out the following issues:(i)
A Mr. Jonathan Nthuli employed as a driver in the Office of the Hon.
Bernard Kiala the Deputy Governor, and a close confidant of the
Deputy Governor who hails from his village is the one who received
(ii)

the goods and signed on the delivery notes.


Mr. Jonathan Nthuli received the pipes under instructions by the then
Director of Water, Mr. David Kitavi who is also a close confidant of the

(iii)

Deputy Governor.
It is admitted in the letter, that pipes worth Kshs.10,603,200 were

(iv)

diverted to a private farm owned by Hon. Bernard Kiala in Masinga.


The contractor has affirmed that he can identify the diverted public
pipes already under use in Mr. Kialas farm by the batch numbers

10)

from the factory.


During the course of investigation and follow-up it emerged that Ms

Osiligi Engineering had obtained the pipes from a company called ACME
Steel Ltd owned by a Mr. Patel. The pipes were delivered by the companys
vehicle to Mr. Kialas home.
11) Lastly, we have information that the Government pipes are currently at
Hon. Bernard Kialas home being used in his farm at Masinga

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ENCLOSED
1. Letter by the County Government of Machakos to Director Public Prosecutor
(DPP), Director, Criminal Investigation Department and Chief Executive
Officer, Ethics and Anti-Corruption Commission dated 3rd June, 2015.
2. Letter from Ms Osiligi Engineering Ltd dated 8th May, 2015.
3. Letter from the County Secretary to the Criminal Investigations Department
dated 16th October, 2014.
4. Letter from the Mr. Jeremiah Lemi, Chief Officer, to The County Secretary
dated 2nd October, 2014.
5. Letter of Award from the Tender Committee to Ms Osiligi Engineering Ltd
dated 4th April, 2014.
6. Report on Kamu Irrigation project by Eng. William Makau dated 4 th August,
2014.
7. Invoice No. 019 by Osiligi Engineers Ltd.
8. Partial Completion Certificate by Pius Matingi, Sub-County Water Engineer,
Mwala dated 24th June, 2014.
9. Copy of Local Service Order to Ms Osiligi Engineering Ltd No. 0950240.
10. Memo by Jeremiah Lemi, Chief Officer on Supervision of Water Projects
dated 13th May, 2014.
11. Letter by Jeremiah Lemi, Chief Officer on Validation of Water Projects for
payment dated 25th June, 2014.

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