Ex-Cabinet Secretary Najib Balala and eleven others are set to face trial for the alleged fraudulent acquisition of public funds.
The EACC has been on the radar of senior officials who previously served in the tourism ministry, which was managed at the time by Cabinet Secretary Najib Balala, his then-PS Leah Gwiyo, and the former Tourism Fund CEO, among others.
The Tourism Fund fraudulently paid Ksh. 8.5 billion for establishing a satellite Utalii College in the coastal region, according to the EACC.
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There is an increase in the cost of constructing the branch from Ksh. 1.95 billion to Ksh. 10.4 billion resulted in the Ksh. 8.5 billion.
According to the EACC, the construction of the Vipingo college was approved at a cost of 1.948 billion shillings in a cabinet document signed on 22nd May 2007 by then-minister Najib Balala and his finance counterpart on 20th August 2007.
The EACC investigation found how the tourism fund hired private consultants to provide architectural ideas and drawings for the college and monitor the main contractor.
The tender for constructing the coast branch of Kenya Utalii College, later renamed Ronald Ngala Utalii College, was awarded in May 2013 at a cost of 8.9 billion shillings, compared to the approved cabinet budget of 1.948 billion.
According to the EACC, the listed people colluded to mislead the public by approving payments despite knowing there were inadequate resources in the budget.
Balala, the former PS, the former CEO of the catering tourism and development levy trustees, the procurement manager of the catering tourism and development levy trustees, Baseline Architects, Rebman Malala t/a Ujenzi consultants, Armitech consulting engineers and members of the Tender Committee are all recommended for prosecution in the report, which the DPPS office is currently reviewing.
The EACC has recommended five counts of intentional failure to comply with procurement legislation as read with the Anti-Corruption and Economic Crimes Act 2003, four counts of illicit acquisition of public property, and one offense of abuse of office.
