Mount Kenya University (MKU) founder Simon Gicharu
A probe into an inflated Sh1.2 billion campus purchase deal between the Masinde Muliro University of Science and Technology (MMUST) and Simon Gicharu’s Mount Kenya University (MKU) has come to an abrupt end.
The Ethics and Anti-Corruption Commission (EACC) has cited the demise of the official accountable for the transaction as the reason behind the conclusion of their investigations.
The commission commenced an inquiry into the matter following a complaint that MMUST had purchased the MKU Turkana Campus at an exorbitant price of Sh1.2 billion, yet the real value of the property was at Sh600 million.
EACC established that the acquisition was initiated on March 17, 2016, by the Deputy Vice Chancellor of MMUST, Planning, Research and Innovation, who wrote to the Cabinet Secretary of Education Science and Technology.
They granted the proposal requesting the approval of the acquisition subject to the availability of funds, preparation of a financial outlay for the project, and the concurrence of the Commission of University of Education (CUE).
CUE approved the acquisition, stating that it had already accredited the campus.
The MMUST University Council also deliberated and approved the acquisition on June 17, 2017.
But according to EACC, upon their investigation, they found out that the procurement procedure was not followed.
The person responsible for ensuring adherence was the accounting officer who was the Vice-Chancellor (VC) at the time, the late Prof. Frederick A.O Otieno.
On July 28, 2022, EACC officials forwarded a report to the Director of Public Prosecution (DPP) with a recommendation for closure of the inquiry file reason being that the officers who had made the payments acted within the law and fulfilled contractual obligations.
The report further held that the VC (Prof. Otieno) who would have been culpable for failing to adhere to the procurement law and regulations, is deceased.
On October 24, 2022, the DPP returned the inquiry file and concurred with the commission’s closure of the file.
Prof Otieno left office on December 1, 2018, amid a barrage of audit queries.
He died the following year.
Prior to his death, Prof. Otieno was linked to several scandals.
This included a damning report by the Auditor-General’s office alleging irregular expenditure of funds amounting to Sh362 million in the year to June 2016.
In his defence, the deceased had accused MMUST of entering into huge illegal contract variations, irregular procurement, failing to present cash books for an audit, and keeping cash unbanked and unaccounted for contrary to proper accounting procedures.
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