Jubilee Party Vice Chairman, David Murathe, has scored a victory in the Kemsa scandal after Members of Parliament cleared him.
The Public Investments Committee (PIC), in its findings, observed that the directors of the company used Murathe's name to win tenders without his consent and that he was not a direct beneficiary of the funds.
The company had presented Murathe as one of their directors in their bid submitted to win the Kemsa tender.
But the committee, in its report, noted that Murathe had no beneficial interest in the proceeds of the tender.
“It was not clear to the committee the powers or influence Murathe wielded to an extent that he could be enjoined as a signatory to an account he had no beneficial interest,” states the committee chaired by Mvita Member of Parliament, Abdulswamad Nassir.
The committee further states that the company's account was opened ostensibly to receive the proceeds of supply of PPEs to Kemsa.
“Of curiosity is the inclusion of Murathe as a signatory to the account in what was stated as to secure guarantee and secure payment from Kemsa after supply of PPEs.”
The report established that the company is owned by three individuals identified as Ivy Onyango, Willbroad Gachoka, and Zhu Jinping, a Chinese national.
One of the owners, Onyango, is said to have bought shares in the company from a Collins Wanjala, believed to be the son of Bundalangi Member of Parliament, Raphael Wanjala, who is also a member of the committee.
Murathe's name was included in the tender when the directors of the company were looking for a guarantor.
The committee noted that the directors used Murathe's name without his consent.
The company had been awarded a tender to supply 450,000 PPEs valued at Ksh4.5 billion. The tender was, however, canceled.
Murathe had earlier maintained that he was only requested to be a signatory to the company's account so that it would be compensated once Kemsa completed the procurement process.
“The use of the word guarantee was not contractual, it was simply a word of comfort that yes, I do know these people,” Murathe said, adding: “I am not and never been involved in the business of Kiling or Entec LTD, I had no way of influencing Kemsa to pay."
During his appearance before the committee, Murathe denied being the director of the company insisting that he did not make any supplies to Kemsa.
“I am not the director, I did not receive a contract from Kemsa, and I did not supply Kemsa,” Murathe explained.
“The fact that I guaranteed them does not mean I was to benefit from anything, I was facilitating a friend to do business, it does not mean I was doing it for benefit.”
Another person who was cleared is former EACC Chief Executive Officer, Halake Waqo.
