This week, Kenyans were treated to yet another high profile arrest as the government reinvigorated the fight on corruption.
Treasury Cabinet Secretary, Henry Rotich, and the Principal Secretary, Kamau Thugge, were among more than 10 others arrested and charged in court over the multibillion-shilling Kimwarer and Arror dams scandal.
There has been a serious concern that the fight against corruption in Kenya only targets small fish, and when the big fish are arrested, there is hardly any convictions. Many such cases are thrown out for lack of enough evidence.
However, when a poor person is caught stealing petty things such as chicken, the evidence is quickly sought and the suspect is slapped with a heavy sentence.
There have been ceaseless calls for investigative agencies to go for the so-called big fish with the same zeal, and prosecute the cases if they are to win the confidence of Kenyans.
This article looks at some of the high profile arrests and prosecutions that have happened under President Uhuru Kenyatta’s tenure.
Henry Rotich
The arrest of Treasury CS, Henry Rotich, on Monday, July 22, by the DCI, made history in the country as he became the first sitting cabinet secretary to be arrested for corruption.
Rotich was among 28 people that the DPP had recommended for prosecution over the Arror and Kimwarer dams scandal.
The suspects were charged with multiple counts including abuse of office, conspiracy to commit an economic crime, conferring a benefit and single-sourcing for the insurance of the projects, and approving payment contrary to the law.
Former Sports Cabinet Secretary Hassan Wario
The former Sports CS and ex-Kenya’s Ambassador to Austria Hassan Wario was implicated in the misappropriation of over Ksh55 million that was set aside for the 2016 Rio Olympic games.
According to the prosecution, Wario improperly conferred a benefit to six individuals by financing their travel to the Rio Olympics, causing loss of public funds amounting to Ksh5, 846,346.
He allegedly conferred a benefit of Ksh1, 506,391 each to Mr Adan Omar Enow and James Gitau Singh.
Mr Richard Bura and Ms Monica Sairo were allegedly paid Ksh918, 391 each while Eunice Kerich and Samuel Njuguna Ksh498,391 each too.
He was released on Ksh1 million bail, with a personal bond of a similar amount.
Michael Kamau, former Transport Cabinet Secretary
Kamau was once arrested over a Ksh33 million tender awarded to Kundan Singh Construction.
He was accused of abuse of office and alteration of the design for construction of Kamukuywa-Kiptama-Kapsokwony-Sirisia Road, which had been authorised by the ministry between October 15, 2007, and March 15, 2008.
In March 2015, the case forced him to step aside as Cabinet Secretary to allow investigations.
He denied allegations of corruption and once made a plea to both President Kenyatta and former President Kibaki, saying he was not a thief and that he was being crucified.
In March 2018, the State alleged that the former minister was forum shopping for judges to quash the case.
Former Youth Principal Secretary Lilian Omollo
In May 2018, Ms Omollo was arrested alongside several officials of the National Youth Service, as well as members of the Ngirita family, following the NYS scandal II, in which over Ksh900 million was lost in unscrupulous procurement deals.
She is alleged to have authorised the payment of Ksh115 million to Firstling Supplies, approving the payment of Ksh28.7 million to Ameritrade and payment of Ksh23.4 million to Kunjiwa enterprises.
The High Court in October froze the 10 accounts with Ksh33.1 million belonging the former PS and her children on suspicion they were used as conduits for millions of shillings stolen at the National Youth Service.
She claimed that the money was proceeds of an agricultural venture in Siaya County.
Former National Youth Service (NYS) Director-General Richard Ndubai
Ndubai was arrested after a KSh9 billion scam emerged at the youth empowerment institution.
The NYS made headlines after it emerged that fraudulent tenders and deals were awarded to people at inflated rates.
Some tenderpreneurs are also said to have supplied nothing but awarded heavily under his watch.
DCJ Philomena Mwilu
The arrest of Deputy Chief Justice (DCJ) Philomena Mwilu took Kenyans by surprise besides sending shock waves and panic in the Judiciary.
Justice Mwilu was accused of tax evasion and also was linked to underhand dealings which led to the collapse of Imperial Bank in 2015.
Evans Kidero, former Nairobi Governor
Dr Kidero and top officials in his government were arrested by EACC detectives in April over allegations that the Nairobi City County made an illegal payment of Ksh68 million to the law firm of Wachira Mburu, Mwangi & Company Advocates.
The DPP directed that the suspects be charged with, among other offences, conspiracy to commit an offence of corruption, abuse of office, unlawful acquisition of public property, dealing with suspect money and money laundering.
Ferdinand Waititu, Kiambu Governor
Waititu, his wife Susan Wangari and their daughter Monica Njeri, the directors of M/S Testimony Enterprise, are being sought alongside top county officials over alleged graft relating to Sh588 million road tenders.
EACC detectives arrested Waititu in Nairobi in May after more than six hours of interrogation and a search at his Runda home in May this year.
The commission recommended that the governor be charged with conflict of interest, dealing with suspect property, abuse of office and fraudulent acquisition of Ksh221 million public property.
Moses Lenolkulal, Samburu Governor
EACC detectives arrested the governor in April over a Ksh84 million fuel-supply scandal.
“The investigations established that the governor was trading with the county government through Oryx Service Station for the supply of fuel since March 27, 2013, to date," the DPP said in a statement.
"The governor failed, and/or neglected, to disclose his interest in the said service station. It is clear that the governor engaged in conduct that is expressly prohibited in law and in clear violation of the constitutional principles governing the conduct of public and State officers."
Lenolkulal denied the corruption charges in April and was released on a cash bail of Sh100 million or a bond of Sh150 million.
Thuita Mwangi, former Foreign Affairs Principal Secretary
Mwangi was charged with approving the purchase of a property for the Kenyan embassy in Japan at 1.75 billion Japanese yen (Sh1.07 billion) in contravention of the procurement procedure.
He was also accused of defrauding the government of 318.7 million yen (Ksh297.8 million), being the difference between the actual price paid and 1.431 billion yen (Ksh1.34 billion) assessed by the government valuer.
As a parliamentary committee’s investigation went on, Mr Mwangi and the then Foreign Affairs minister Moses Wetang’ula were forced to step aside for 10 months and were reinstated.
Mwangi was arraigned on February 28 and released on a cash bail of Ksh2 million.
Richard Lesiyampe, former Agriculture Principal Secretary
Mr Lesiyampe was arrested by the Ethics and Anti-Corruption Commission over the irregular purchase of maize worth Ksh11 billion by the National Cereals and Produce Board in August 2018.
The EACC said he was apprehended alongside the NCPB's Finance General Manager Cornel Kiprotich Ng’elechey.
Later that August, Mr Lesiyampe denied charges of irregular purchase of maize worth Ksh5.6 billion
He appeared before Senior Principal Magistrate Felix Kombo at the Milimani Law Courts alongside Mr Kiprotich and NCPB Managing Director Newton Teter.
They were released on a cash bail of Ksh3 million each.
Former National Hospital Insurance Fund (NHIF) Chief executive Geoffrey Mwangi
Mwangi and the then acting Finance Director Wilbert Kurgat were arrested over alleged obstruction of justice in an ongoing corruption probe.
They were accused of using their positions to try to block investigations into claims of graft at the insurance body.
They were released on a Kshs1 million bond or a Kshs 500,000 cash bail.
The two were also asked to deposit their passports with the courts and ordered to co-operate with investigators probing the loss of hundreds of millions of shillings at the fund.
Former Kenya Pipeline Managing Director Joe Sang
Sang was arrested in the ongoing investigation into multi-billion-shilling fuel loss scandal.
He was charged alongside others for “improperly awarding tender number KPC/PU/006-047” to Southern Engineering Company at a cost of Sh1.9 billion against Sh1.4 billion, which had been approved.
Governor Ali Korane
Garissa Governor Ali Korane became the third county chief to become a guest of the state.
Korane was put on the spot over the attempted murder of a former county Finance minister, Idris Aden Mkutar.
Sospeter Ojamoong
Busia Governor Sospeter Ojaamong was arrested by anti-graft sleuths.
Ojaamong was linked to alleged pilferage of over KSh 8 million in the devolved unit.
Okoth Obado
Migori Governor Okoth Obado smashed the record as a county boss with the highest number of arrests.
He also goes into history as the governor who spent the highest number of days in custody.
The governor was first suspected of murdering Rongo University student Sharon Otieno which handed him over 30 days in remand.
Obado was also arrested after the Ethics and Anti-Corruption Commission (EACC) officers raided his homes and discovered questionable lethal firearms in his house.
Ben Chumo and Ken Tarus
Ben Chumo, a former boss at Kenya Power (KPLC) and suspended MD, Ken Tarus were arrested and arraigned after the state accused them of plundering over Ksh 470 million in a faulty transformers procurement deal.
