Between 2018 and 2025, Kitui County paid Sh14.1 million to Shanel Construction Company Ltd, ECO Stone Company Ltd, AZ Links Company Ltd, DTK Construction Company Ltd and 4 Walls Company Ltd.

On paper, the companies are owned by Josephine Mwikalu Wambua (Shanel Construction), Makoma Wambua (AZ Links) and Emmanuel Wambua (ECO Stone).

But years later, following an investigation, the Ethics and Anti-Corruption Commission (EACC) alleged they found that the Wambuas are close relatives of Gladys Mami Kivoto, the chief officer in the agriculture, fisheries and irrigation department of Kitui County.

Ms Kivoto was, at the time of the contract awards and payments, also the officer authorised to incur expenditure in her department.

It is that influence that the EACC argues Ms Kivoto used to ensure that her relatives were awarded tenders and receive payments. The anti-graft agency has traced movement of money between the Wambuas, their companies and Ms Kivoto.

Ms Kivoto, the Wambuas and their companies have since been arrested and charged in connection with procurement fraud, in one of many incidents where close relatives have been thrust to the centre of graft cases.

Spouses, children and other close family members are joining suspect lists in multiple corruption investigations and cases before courts, indicating weak beneficial ownership detection in Kenya’s procurement space.

CORRUPTION — Man carries a bribe. Anti-graft agency says officials used spouses, children, relatives to win millions in tenders

Photo credit: Photo I Pool

Also Read: Prosecution looms for Treasury officials in Sh1.5bn embezzlement case

In its quarterly report released on July 31, the EACC indicated multiple cases in which their investigations revealed that county employees were using close relatives to clandestinely participate in tenders.

Kenyan law bars public officers from benefitting from contracts in the institutions that they work for, but investigations show that some county staff could be using relatives to bypass that conflict of interest safeguard.

The Office of the Director of Public Prosecutions has also commenced prosecution of Peter Long’ole Apua, a principal finance officer at the Turkana County government and director of Apuco Holdings Group.

Mr Apua’s relatives, Christopher Imuron Apua and Moses Along’ole Apua, are also directors of Apuco Holdings which received Sh62 million from Turkana County.

In the same county, ECD teacher Lilian Akiru Louruka is also being prosecuted over five tenders worth Sh30 million that her Natiltila Company Ltd was awarded. The EACC investigation alleges that she and her spouse are directors of the company.

In Nakuru, the EACC investigated three companies – Denken Building and Construction Limited, Murinchamba Investments Limited and Windcom Solutions Limited – which traded with the county government between the 2020/21 and 2024/25 financial years.

The three companies received Sh120,641,459 Investigations have shown that the three firms are owned by the spouse of a county employee.

Investigators alleged that the spouse of the officer sent money to other employees of the devolved unit who were involved in requisitioning, opening and evaluating tenders, inspecting and supervising works, certifying projects and validating payments.

“Investigations established that the public officer is an Economist II working with the County Government of Nakuru and is the spouse to the sole Director and sole signatory to the bank accounts of Denken Building and Construction Limited, Murinchamba Investments Limited and Windcom Solutions Limited,” EACC said in the quarterly report.

Also Read: Why EACC wants 16 current, former governors jailed

One of the companies, the commission added, submitted forged documents during the procurement process.

EACC recommended charges against an economist in the county, her spouse and several county officials over alleged conflict of interest, failure to disclose private interests and other offences.

In another probe in Nakuru County, EACC alleged that three other companies – Tirzah Logistics, Purim Logistics and Nemoca Enterprises – associated with a principal clerical officer in the Directorate of Supply Chain Management received Sh45.64 million from the county.

Investigations alleged that the directors were the officer's children.

The officer was accused of failing to disclose her interest in the companies and receiving money from her children after the companies were paid.

In Migori, EACC investigated Enigma Solutions and Enigma Solutions Limited following allegations that the companies were associated with a county employee.

The investigation established that the employee was a chief public health officer and that her spouse was the sole director and bank signatory of the companies.

Integrity centre — Integrity Centre in Nairobi which houses the Ethics and Anti Corruption Commission offices.

Photo credit: Pool I Nation Media Group

“It was further established that the spouse of the public officer traded with Migori County Government between February 21, 2023, and December 4, 2024 and was awarded nineteen contracts for the supply and delivery of food, stationery, cartridges, toners, extension of a cloak room and maintenance of cars.”

The 19 contracts covered an unusually wide range of county supplies and services, from food and stationery to vehicle maintenance. The companies received Sh27.2 million from the county.

EACC recommended that the public officer, her spouse and the companies face charges relating to conflict of interest and proceeds of crime.

Also Read: DPP clears only 12 of 58 anti-graft agency's corruption cases

Another Migori case involved a former County Executive Committee member whose spouse and child were directors of a company that received county contracts worth Sh11.38 million.

The investigation found that the former county executive had a direct interest in the company.

The cases suggest that the family-business model does not necessarily require a public officer to appear as the owner of a company.

In Wajir, EACC investigated a company that was initially owned by two county employees: a principal administrative officer and a principal monitoring and evaluation officer.

Investigations revealed that the county employees transferred their shares to another person, but remained as signatories to the company's bank account.

The company was paid Sh3.99 million by the county, despite, according to investigators, there being no procurement process for the tender.

EACC alleged that forged procurement documents were used to facilitate the payment and that the two officials subsequently withdrew the money in cash.

The commission recommended charges including conflict of interest, abuse of office, forgery, money laundering and fraudulent acquisition of public property.

In Marsabit, EACC investigated a clinical officer who was allegedly a director and signatory of a company that received Sh45.6 million from the county.

The Marsabit investigation revealed allegations that some of the goods and services paid for may not have been delivered.

The trend, however, goes beyond counties.

In Kisii, EACC investigated the award of tenders by the Rift Valley Institute of Science and Technology (RVIST) to Afripath Care Kenya Limited. The tender was worth Sh57 million.

Also Read: IEBC commissioner Francis Aduol caught up in Sh39 million TUK retirees scandal

EACC’s probe found that Afripath allegedly submitted fraudulent documents when bidding for the tender.

Members of the evaluation committee allegedly falsified due diligence records, despite the company’s bid being non-responsive.

The medical equipment supplied also reportedly failed to meet the technical specifications in the tender documents, investigators held. Nevertheless, the Inspection and Acceptance Committee issued a report accepting the equipment.

The company is owned by a relative of a sitting MP, the EACC said in its quarterly report.

“Investigations revealed that Afripath is a company owned by three directors and one of the directors, who is also a sole signatory to the company bank account, is a brother-in-law (to an MP in Kisii County),” part of the gazette stated.

After the tender money was paid, investigators traced a substantial portion of it to the MP.

“Investigations revealed that a total amount of Sh57,000,000 was paid to the company bank account and upon receipt the company transferred Sh39,988,000 to the MP.”

EACC says the MP used part of the money to acquire land.

“Investigations revealed that the MP used Sh10 million to purchase a parcel of land.”

Out of the Sh57 million tender, Sh40million was allegedly transferred from the company's account to the MP, with investigators saying that the legislator used Sh10 million of it to buy land.

EACC recommended charges against the MP, senior RVIST officials, the company and its directors. The recommended offences included conspiracy, abuse of office, procurement offences, making and uttering false documents, unlawful acquisition of public property and money laundering.

Follow our WhatsApp channel for breaking news updates and more stories like this.

soketch@ke.nationmedia.com