Former Bungoma Governor Wycliff Wangamati was on Tuesday charged alongside ten persons and nine companies in relation to alleged Sh70 million alleged corruption.
Wangamati was charged alongside his three brothers George Wangamati, Emmanuel Wangamati and Edward Wangamati and, his two nephews Edward Maaya and Wafula Wakoli, niece Sandra Soita and cousins Bramwel Wafula and Juma Swaleh.
However, the Director of Public Prosecution dropped Wangamati’s other brother Nicholas Wanjala from the charge sheet after he was informed that he had died three years ago. Others are Jimmy Wekesa and Christopher Makokha and Joseph Wanyonyi, in addition to Nabeala Construction, Mundesi Contractors, Valeria Construction, Kelco Builders, Nabweso Builders, Fastec Suppliers, Nasikhab Civil Contractors, and Skyman Freighters Limited.
They all denied the 27 counts before Milimani Anti-corruption court magistrate Zipporah Gichana.
In the first count, Valeria Construction and Wafula were accused of fraudulent procurement. They were accused of allegedly submitting false documents in a bid for maintenance of roads in East Sagaro Ward. This was alleged to have happened between January 5, and May 15, 2019.
In a separate count, Maaya, Valeria and Swaleh were accused of allegedly submitting false documents in relation to a tender for spot improvement of Minata-Malaha Road.
The trio also faced two other counts in relation to Spot improvement of Khalumuli - Khamoto Check.
Point Road and Limited and periodic maintenance of Chebus - Kimama Road. In addition, Wangamati brothers- Michael and Edward were charged alongside Nabwala and Skyman with allegedly acquiring proceeds of crime between May 13, 2O2O and October 21, 2021. It was alleged that they acquired Sh27 million in the name of Valeria Construction.
They were also accused of allegedly acquiring Sh10 million in the name of Nabwala. Valeria, Maaya and Swaleh were accused of transacting the money acquired by Michael and Edward.
Wangamati faced a single charge of conflict of interest. He was accused of allegedly acquiring an indirect interest through his brothers Michael and Edward.
Mundesi, Maaya and Wafula faced six counts in relations to allegedly falsifying documents to get tenders in Bungoma and illegally acquiring at least Sh23 million.
Senior Assistant DPP Vincent Monda did not oppose their release on bond but urged the magistrate to consider the charges they faced were serious. “We urge the court to take into account what each of the accused is facing,” argued Monda.
In response, their lawyers Peter Wanyama, Eugine Wangila and Brian Khaemba, argued that charges were split but they were anchored on sub contracts. Wanyama claimed his clients had tried to explain to the Ethics and Anti-corruption Commission (EACC), in relation to the accusations to clear the issues but in vain. “There is no nexus between the county government and the contractors,” said Wanyama.
He stated that owing to the persons on the dock, the State was after the former governor. “The government was really after the first accused,” he said adding that Wafula had a serious medical condition.
“We ask that the court releases him on a free bond. We tried to ask if we can try delay the plea but he said he would try sit through the plea,” argued Wanyama.
Lawyer Khaemba said Barasa and Wanyonyi are peasant farmers from Bungoma adding that none of them had a passport. “That shows how peasantly they are,” he said.
He said the tender they were charged with was not awarded in the first place. Wangila said Nasambu and Wafula had allegedly resigned from Fastec at the time it was bidding for the tender. “She was not part of the company and it is something we were to share with the DPP and EACC but we will inform the court in due course,” said Wangila.
Wangamati was released on Sh5 million bond or Sh1.5 million cash bail while his two brothers, and nephew were freed on a Sh1 million bond or Sh400,000 each.
His niece, Maaya got the highest amount with Sh10 million bond or Sh2.5 million cash as she answered to the majority counts.
Barasa, Wanyonyi and Makokha were ordered to deposit Sh1 million or Sh250,000 cash bail.
