A former procurement officer in Murang’a County, James Kamau Kairu, testified in an Anti-Corruption Court on Monday, shedding light on a multi-million shilling tender awarded to a media consultancy company allegedly linked to former Governor Mwangi wa Iria’s wife.
The Sh543 million tender for media and publicity services was awarded to Top Image Media Consultancy Limited, a company whose directors include Jane Waigwe Kimani, wife of Mwangi wa Iria, and an alleged associate, Jane Mbuthi.
In his testimony before Milimani Chief Magistrate Harrison Barasa, Kairu revealed crucial details about how the contract was awarded, sp processes during Wa Iria’s tenure.
Kairu, who is currently serving as Director of Supply Chain Management at the National Youth Service (NYS), presented evidence suggesting that the contract was signed in 2014 and lasted for two years, from 2014 to 2016.
Kairu provided a signed agreement between the County Government of Murang’a and Top Image Media Consultancy Limited, dated October 21, 2014.
“Your Honor, here is the contract agreement dated October 21, 2014, between Murang’a County Government and Top Image Media Consultancy Limited,” Kairu stated in court.
“The agreement is for the provision of media buying services, as per the attached rate card prices, and as needed.”
The court also heard that the agreement was officially signed by Patrick Mukuria, the former County Secretary, on behalf of the County, and Jane Mbuthi, the Managing Director of Top Image Media Consultancy Limited.
The contract was inked on October 23, 2014, and it specified that the company would provide media services for two years, with a substantial budget allocated by the county government.
Kairu also produced an evaluation report, which showed that a 17-member tender committee, led by Kairu himself, had approved the award of the tender to Top Image at a meeting held on September 9, 2014.
He confirmed that the tender committee was composed of county officials tasked with evaluating all bids for media services, and that they awarded the tender to Top Image Media Consultancy Limited after following all legal processes.
“Your Honor, here are the minutes of the tender committee meeting held on September 16, 2014, in the old committee room. In these minutes, the evaluation for the annual tenders for 2014-2015 took place on June 16, 2014,” Kairu explained to the court.
“I was the secretary to the tender committee that evaluated all the firms that had bid for the advertising tender.”
The tender committee had evaluated several bids after inviting applications via a newspaper advertisement on May 19, 2014. Despite several bids being submitted, Top Image Media Consultancy Limited was selected for the job. According to Kairu, a total of Sh542,610,615.15 was allocated for media buying tenders, from which Top Image Media Consultancy Limited was the sole beneficiary.
In his testimony, Kairu emphasized that the entire procurement process was conducted legally, with transparency and in full compliance with the law.
“I wish to state here, as I stand as a witness, that both the process of procuring and awarding the tender was legal and in accordance with the law,” Kairu said.
He explained that the budget for media services was duly included in both the county’s budget and supplementary budget for the financial years 2014-2015 and 2015-2016.
Kairu also clarified that the county government allocated Sh30 million for media services under the “Profit Production and Productivity Program” aimed at boosting coffee production through the distribution of new seedlings to farmers.
The media advertisements were intended to raise awareness about this initiative.
“We started with the budget and ensured that the services were included in the procurement plan,” Kairu testified.
Further, Kairu demonstrated that another Sh30 million was allocated for advertising and publicity under the Department of Education and ICT.
He also explained that an additional Sh20 million was spent on branding for agro-marketing by the county government.
However, Kairu faced difficulty providing the serial numbers of some transactions related to these expenditures.
Despite Kairu’s testimony defending the legitimacy of the procurement process, the prosecution continues to accuse the former governor, his wife, and others of irregular procurement practices.
The prosecution argues that millions of shillings were misused, alleging corruption and financial misconduct within the county government.
The prosecution revealed plans to present a total of 159 payment vouchers showing how payments were made to Top Image Media Consultancy Limited.
These documents will detail how funds were transferred from the county government to the company, with millions allegedly misappropriated in the process.
Kairu was stood down and will return to court on February 12, 2025, to continue his testimony, during which he will take the court through the payment vouchers and demonstrate how the payments were processed.
In the case, former Governor Mwangi wa Iria, his wife Jane Waigwe Kimani, and several others face a variety of charges, including conspiracy to commit corruption, money laundering, dealing with suspect property, conflict of interest, abuse of office, and unlawful acquisition of public property.
Among the charges against Waigwe is one accusing her of receiving Sh500,000 from Top Image Media Consultancy Limited, knowing that the funds were corruptly obtained from the county government.
Another charge alleges that she fraudulently obtained Sh3.7 million for the purchase of 13 acres of land in Mweiga.
She is also accused of receiving Sh600,000 for the blasting of boreholes on the Mweiga land.
Additional allegations include her receiving Sh3 million from the Murang’a County government and being involved in a scheme to transfer Sh7.5 million to purchase property in Umoja Innercore.
Waigwe is further accused of using Sh4.4 million from the county government to purchase two holiday homes in Nanyuki, all of which are claimed to be part of an illicit financial arrangement.
