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HUGE: PROCUREMENT IRREGULARITIES AT NITA- Part 4

 

Ukur Yatani Kanacho Cabinet Secretary Ministry of Labour and Social Protection

Hi Nyakundi,

The attached literature will shed light on a world of abuses at NITA.

NOTE

The the letter that was supposedly written by NITA appointing one Janet Akongo as agent to act for the Authority on all matters regarding staff medical insurance was  fraudulent

 

Akango is an employee of AAR the Group Medical Insurance PROVIDER.

 

This year another letter was written by Mr. Olayo copied to the DG and commissions paid. The letter is dated 23rd May. We are yet to obtain a copy.

 

NITA procures  insurance covers directly from the underwriters and does not engage agents or brokers. Pioneer Assurance who were joint underwriters had complained that they were paid their underwriting premiums less 10% following the appointment of an agent who had negotiated the commission. A copy of the letter which is attached.

 

Ideally, the commission was paid to Mr Julius Olayo. It appears this a secret way of obtaining kick backs through agents. The Director General has since denied having signed the said letter nor given  his consent to pursue the forgery .

We shall be submitting more revelations on how the Group Medical Insurance Tender is manipulated by the said Mr Olayo to get kickbacks

 

Tel: +254-(0)20-2695586/9

Email: directorgeneral@nita.go.ke Website: www.nita.go.ke

P.O Box 74494 – 00200

Commercial Street, Industrial Area

NAIROBI, KENYA

08/09/2018

Hon Amb. Ukur Yattani Cabinet Secretary

Min of Labour & Social Protection

Dear Sir,

NITA’s POOR GOVERNANCE, CORRUPTION AND INSTITUTIONAL CAPTURE

The pillars of good corporate governance are responsibility, accountability, transparency and above all fairness to all stakeholders. NITA is compromised and captured. It is about the needs of FKE & COTU representation and a connected cadre first, the interests of other stake holders come second.

It is standard practice all over the corporate world that our deeds are a subject of a higher Authority. When called upon to take responsibility, we must account for our actions. It goes without a reminder that those in leadership of corporate entities MUST exercise transparency for the sake of all stakeholders. NITA Employees are key stakeholders and have a legitimate right to call for responsibility and transparency in the Authority.

The existing mechanism for whistleblowing at NITA is not guarded to protect employees from backlash or reprisal. The trouble with NITA is not about the old, Fort Jesus like old dilapidated buildings built in the 70s; it is not about the obsolete, rusty and outdated training equipment in the workshops or the highly educated and hardworking junior employees.

Enough has come to your attention to indicate that the Authority will not remain a going concern. The FKE and COTU representation, Director General (DG), Director, Human Resource & Administration (DHRA), Manager Legal Affairs (MLA) & Manager Internal Audit (MIA) is a mere alignment of corrupt and institutional capture delinquent individuals. To keep such characters in the leadership of the Authority is a direct rejection of constitutional order.

Their continued stay in office is a danger to the Authority and flies in the face of President Uhuru Kenyatta’s commitment to turn the tide of corruption in our public institutions. Hon Amb CS, Employees do not want to see a fatal compromise in you. Do not side with these scandal-ridden individuals – it will be seen as undermining the President’s efforts to fight corruption. They are unfit to occupy the positions they hold having been adversely named in scandalous controversies ranging from procurement fraud, fraud, corruption to ‘violent- thuggery’ of taxpayer’s money guised under policy.

NITA’s GOVERNANCE IS AT JEOPARDY

The Authority is past a point of worrying that its governance might collapse. It has already. This is the only way to describe a state corporation whose direction and control is at the behest of individuals who have no regard for the State Corporations Act Cap 446 nor the MWONGOZO guidelines. Hon. Amb CS, you should not be counted as part of NITA’s history on bad ideas and bad planning. You should not be counted as the substantive Cabinet Secretary that eroded the last vestiges of good governance at NITA.

The Concept of Corporate governance is legally vested in the NITB and its members have a fiduciary duty to serve the interests of the organization rather than their own. Public Office bearers at NITA have ignored their constitutional obligations at their own peril. Constitutionalism, Accountability and the Rule of Law constitute a sharp and mighty sword that stands ready to chop the ugly head of impunity off its stiffened neck.

Instilling of Fear, Intimidation and Coercion have been used to perpetuate corruption. Julius Olayo who is hailed as a hero and while wallowing in his academic success has the support of FKE & COTU representation to exploit every opportunity to employ close relatives and friends against established practices.

NITA STAFF will continue to demonstrably and materially raise a red flag on a raft of issues NOT limited to the following; –

ISSUES OF CONCERN TO EMPLOYEES AT NITA REQUIRING ATTENTION

  • CHAIRMAN OF THE NITA BOARD (NITB)
    • NITA employees are well aware that he is relatively new in the NITA Board and a greenhorn on Corporate Governance Matters
    • Certain members of the NITB have been at NITB for years to qualify it as their second home
    • The combined tyranny of numbers of FKE & COTU representation at the NITB is making it difficult for him to direct and control the Authority and therefore;
    • He is unable to rally the NITB to use reason and objectivity as a guide to discussion and resolution of the Board’s agenda
  • A DICTATORIAL AND EXTORTIONIST NITB
    • FKE & COTU have been hugely energized by their combined numerical numbers of 6/11 to embark on a path of dictatorial rule, self-glorification and abuse of corporate power
    • Members of NITB extorted money from Levy Inspectors to protect them from ‘imagined hypothetical’ threats for ‘unspecified action’.
    • The Director General parted with colossal sum of money in bribe to NITB members and as a consequence, they halted a forensic audit exercise which was to be undertaken in late 2015
    • The leadership of FKE and COTU membership is marked by artful, insincere and cunning practices
  • INDECISIVE, CORRUPT & A COWARDICE DIRECTOR GENERAL
    • The DG is NOT his own man, leads to please and to be liked by the Board
    • He is indecisive, paradoxical and a coward who has ceded his administrative responsibilities of the Authority to a few ‘powerful individuals’ of the NITB and opportunists in the Management ranks
    • The DG is corrupt and his immoral actions have been brought to the attention of the NITB, not once. To employees, it appears he is enjoying protection by certain members of the NITB advancing own interests.
    • The DG does NOT have the interests of the Authority at heart and it is purpose he acts as if the Authority will collapse the next day.
    • Blind to problems affecting employees and lacks adaptability. His ‘my-way-or-the-highway’ attitude is stumbling situations requiring his personal attention.
    • He is hands-off, good at dancing around situations and avoids making the tough call
  • A DIVIDED SENIOR MANAGEMENT
    • NITA’s senior management is divided with no shared perspective on the broader organization
    • They play to the whims of the corrupt and extortionist members of the NITB
    • Most of their activities are per-diem driven and wanton wastage of taxpayers’ money mischievously concealed behind policy.
    • Mr Julius Olayo, Irene Ogamba & Teresa Lagat have endeared themselves to the NITB to belief that they are the chosen ones. In fact, Mr Olayo’s desperate efforts to outsmart the DG in the hope that he will be the next AIE holder is evident in the excesses of his actions.
  • INACTION ON WHISTLEBLOWING
    • Hon Amb CS, we remind you that this is 21st Century. The Suggestion Box has been overtaken by the revolution in Information Technology.
    • Employees have the ethical obligation to prevent malpractices from occurring in the Authority
    • As stakeholders, we are critical and increasingly an important source for detecting malpractices
    • The Management’s failure to create the conditions that promote internal reporting of corruption, fraud and wastage of taxpayers’ money has ‘foolishly invited catastrophe’
    • We call upon the you to adopt Employees’ anonymous tipping as a primary source of detection and reporting fraud, corruption, procurement irregularities and illegalities, recruitment scams, nepotism and negative ethnicity
    • Mr Olayo has continues to threaten employees that he will report those making this form of reporting to the Police. He should have done it like yesterday. Employees have simplified the work for him. The issues raised and relevant to the DCI and ODPP have been escalated to them for appropriate action.
  • CRITICAL ISSUES OF CONCERN TO EMPLOYEES

NITA is viewed in bad light and for all the wrong reasons within government. It is referenced as the troubled NITA, a state corporation incapable of resolving simple administrative issues and an Authority run with impunity. This is the image and perception of NITA beyond Commercial Street, Industrial Area, Nairobi.

We draw your attention to the following critical issues of concern to employees & NITA;

  • INACTION TO INVESTIGATE CORRUPTION

The mood of the nation towards (i) Corruption (ii) Impunity (iii) Abuse of Public Office (iv) Conspiracy to defeat justice and (v) Theft of Public Resources among others is not new. Hon Amb CS, you are leading a Ministry with an organization (NITA) bedevilled with a myriad of malpractices occasioned by competing interests.

  • ATTEMPTS TO PROTECT MEMBERS OF THE NITB ADVERSELY MENTIONED
    • Ernest Nadome & Jacqueline Mugo are complicit in the wider conspiracy that fabricated evidence which occasioned the summary dismissal of innocent employees to create room for their relatives and cronies
    • A certain Grouping of the Board is out of touch with the requirement to;
      • Observe the highest standards of ethical and moral behaviour
      • Act in the best interest of all stakeholders
      • Ensure that the Authority acts as a good corporate citizen
      • Act in a way that Board Meetings and Discussions promote focused debate within a supportive atmosphere
      • Act in ways that safeguards the image and reputation of the Authority
      • Create an environment that is safe, fair and enriching employee careers among others

INSTEAD, the said grouping of NITB have united their quest to get rid of employees to create room for their relatives and cronies at any cost. This cruel and malicious action by members of the NITB is offensive to the Bill of Rights, extremely unpleasant, horrendous and unethical.

  • PROTECTION OF THE DIRECTOR GENERAL

Hon Amb CS, this is NOT a false alarm.

    • ALL the major procurement tenders at NITA are a subject to tendering fraud and manipulation. Most of the awards are made at the directive of the DG to firms that allegedly do not comply with public procurement laws to serve his personal interests.
    • WE have raised concerns on the backroom deals of the following major procurements which have occasioned stakeholders’ lack of trust in the Authority and loss of taxpayers’ money through kickbacks; –
      • Group Medical Insurance from FY 2014/2015 to Date
      • All Other Major Procurements 2016/2017 to Date
      • Recruitment Scandals in 2018 made without the Approval of National Treasury
    • Inaction on the Massive Fraud of Trade Test Fees
    • Extortion of money from Centre Managers in NITA Athi River(500K), NITA Kisumu(200K) &NITA Mombasa(300K) guised as ‘Management Fees’ payable to the DG. This is what gave rise to the transfer of Patrick Masinde and the recent forced retirement of Elkana Kirundi for failing to comply. It is part of the silent reasons which occasioned the choreographed and wrongful dismissal of Mr Gabriel Obasie (Ag, Finance Manager) who had raised the matter with the DG following complaints from Centre Accountants.
    • Executing Tender Evaluations in Naivasha at end of FY 2016/2017
      • NITA has several Boardrooms at HQs and several Conference facilities at our Athi River Unit
      • What was the motive of the Director General’s directive to have evaluations for multi-million tenders done in Naivasha under a cloud of down low, under the radar and discreet undertaking?
      • Undertaking the exercise in Naivasha involved payment of DSA, retreat allowances, conference facilities, fuel and facilitating drivers. This was outright wastage of public resources intended to compromise the participants
      • The exercise was taken to Naivasha to serve the private interests of the Director General

 

  • ABUSE OF OFFICE, IMPUNITY AND CONSPIRACY TO DEFEAT JUSTICE

Particular members of NITA’s Management should be investigated on a wide range of acts related to the above.

    • They intentionally participated in the fishing expedition to establish discrepancies in the expenditures of Levy Inspectors as an evidence to warrant their summary dismissal by members of the NITB whose intention were known. Hon Amb CS, the extent of NITB’s personal vendetta, malice and ill-will against employees is clearly demonstrated here.
    • Employees’ Summary Dismissals were done at the whims of Ernest Nadome & Jacqueline Mugo who have ‘owned’ the Authority to advance their own selfish interests
    • Every person has a right to a Fair Administrative Action that is expeditious, efficient, lawful, reasonable and procedurally fair (Article 47). This piece of legislation is unknown to NITA management when mirrored on the callous execution of employees’ careers by way of Summary Dismissal on imprest approved by the AIE Holder – the DG as recommended by the line Manager in Finance.

Hon Amb CS, the Director General, Director Human Resources & Administration, Manager Legal Affairs and Manager Internal Audit are registered members of respectable professions whose standards of practice and ethics are particularly of high expectation. What they did will certainly happen to any employee and we seek answers through action as to;

  • Why did they fabricate evidence to occasion the Summary Dismissal of employees?
  • The Employment & Labour Relations Court has spoken as to the matter relating Purity Mwirigi. We take it that the officers of the court working for NITA (Lawyers) are

silently but deeply engaged in obstructing the administration of justice in her case.

  • The said officers of the court are acting in public mischief. Their conspiracy to obstruct and defeat the course of justice for the affected employees began long before they were wrongfully dismissed from service.
  • There are individuals within Management who signed minutes of a disciplinary process knowing very well they did not participate. The said minutes were adopted to decide the summary dismissal of colleagues. The consequences for the offence of wilfully making false statements are dire in criminal law especially in this context.
  • REFUND OF EXTORTION MONEY PAID TO NITB MEMBER ERNEST NADOME BY LEVY INSPECTORS IN EARLY 2016

19 Employees Contributed Ksh 330,000 Each = 6,270,000

Mr Ernest Nadome used coercion, threats and intimidation to extort money from employees who remain isolated, discriminate, and on constant surveillance while performing tasks forced upon them. Others were his collateral victims. This is a serious crime and the victims want their money back through the same channel that was delivered to him before they contemplate escalating the matter to the appropriate arm of Government.

  • NITB IS OUT OF TOUCH WITH SOBRIETY, THE RULE OF LAW & ETHICS ON ITS APPROACH TO GOVERNANCE ISSUES
    • The former Manager, Finance & Levy Admin, Mr Kahara Mbugua had problems with a certain grouping of the NITB. What criteria and rationale triggered the unnecessary and

unqualified condemnation of every employee in Finance Dept to be served with erratic warning letters?

    • Alfred Jamal (Mr Olayo’s nephew) was the mastermind of Ksh 12M fraud in conspiracy with outsiders. This matter was investigated by the police who identified, arrested and arraigned the culprits before court. Employees are seeking answers as to; –
  • NITB’s second and irresponsible directive for the issuance of warning letters in the Finance Dept.
  • The Summary Dismissal of Mr Gabriel Obasie (Ag Manager Finance) who is a star witness for the Authority in the court case and Rosemary Nabwire (Clerical Officer) yet the two were exonerated from blame by BIFU of the Police?
    • The status of housing in NITA Kisumu is dilapidated and unfit for human occupation. Most of them were vacant by the time Mr Patrick Masinde got employed and posted to Kisumu. For security purposes and considering the poverty- riddled slums in the surrounding, he saw it prudent to allocate a few of these houses to staff aside those he found occupied by non-NITA staff.
  • In the circumstance, was it fair for the NITB to issue a directive for the issuance of a Warning Letter to Mr Masinde at a time when there was no clear Housing Policy? This is governance through dictatorship. NITB acted with no restriction to the Constitution.
  • FALSIFYING STATUTORY DOCUMENTS

We register our disappointment over Mr Olayo’s arbitrary acts of altering/changing/modifying the Authority’s HR Manual without approval of the NITB for the purpose of deceiving and more

specifically defeat the course of justice by employees contesting the ever common unjustified Summary Dismissals. It is not only inappropriate but a criminal offence punishable in law and Mr Olayo should be held to account.

  • WILFUL REFUSAL TO SUBMIT PUBLIC DOCUMENTS NITA is a safe haven for impunity.

Employees are concerned with the Management’s deliberate and unreasonable refusal to;

    • Forward Personal Files to State Corporations Advisory Committee in respect Employees pursuing their rights. Employees see the refusal as a deliberate effort to interfere and frustrate the course of justice by employees contesting wrongful dismissal.
    • Submit NITA HR Manual to SCAC for review and approval as per its Circular No. OP/SCAC.9/21/121 of 15th May 2017 on Human Resource Policy Instruments. The same directive was further reinforced by The National Treasury through its Circular No. DGIPE/A/1/10 of 7th December 2017 on the Guidelines for the Preparation of the Annual Budget for the FY 2018/2019 and Medium Term Projections for FY 2019/2020 and 2020/2021 for State Corporations.

The non-adherence of these directives by Mr Olayo is proof enough of a state officer operating with apparent impunity.

i. FAILURE TO HONOUR INVITATIONS

It is within the practical understanding of Employees that the DG and the Chair of the NITB were invited to SCAC. However, information is rife that they intentionally disregarded to take notice of or acknowledge the invitation and the excuse given is that are both in the skies on foreign trips. Hon Amb. CS, the three most

important ways to lead people are … by example, … by example

… by example…

  • ILLEGAL PAYMENT OF SALARIES TO PURITY MWIRIGI (WRONGFULLY DISMISSED & REINSTATED BY ELRC) AND ELVINA OSODO (Recruited in 2017)
    • The above individuals are earning salaries for the position of Manager, Supply Chain Management
    • Purity Mwirigi is being taken rounds in the corridors of justice and extended leave while in salary yet she is not working for the Authority
    • The NITB and Management is on a wanton spending taxpayers’ money in legal fees to frustrate Purity Mwirigi’s case even after her reinstatement by the ELRC in the opinion of Public Service Commission that her dismissal was wrongful.
    • The DG and Manager Legal Affairs are senior officers of the court taking the lead in disobeying court orders in Purity Mwirigi’s case to please the NITB
    • Who should be held responsible for the payment of salaries to the two individuals earning salaries for a one-person- post?
  • COMPROMISING OF STATE OFFICERS

WE document without fear of contradiction that NITA Management Compromises Senior State Officers in their desperate efforts to sabotage investigations into malpractices within the Authority. They disregard every known norm, practice and law by; –

    • Dishing out jobs to the relatives, friends and cronies of Senior State Officers
    • Enticing Senior State Officers with foreign trips at the expense of taxpayers’ money.

At the height of impunity and lawlessness, a Personal Assistant to a Principal Secretary in NITA’s line ministry was inappropriately allowed to represent the PS in a high-powered delegation by the NITB to Brazil in 2017

  • WEAKENING OF THE FINANCE AND LEVY ADMINISTRATION FUNCTION
    • The deliberate efforts by the NITB and Management to re- deploy employees by force and at the wishes of individuals has led to disastrous consequences including fraud, corruption, procurement illegalities and irregularities and systemic failure in the collection of Industrial Training Levy. For example, Alfred Jamal was employed as a Levy Inspector and NOT an accountant. The arbitrary decision to deploy him as the In – charge at Revenue Office occasioned the potential loss of Ksh 12M and the opening of fraudulent accounts at DTB Kisii and Equity Bank Parliament Road.
    • Employees cannot be lulled into complacency by the recent acquisition of ERP. The monkeys in the forest are still the same. There are fraudsters and perpetual thieves in the Authority who enjoy patronage and protection of the NITB and Management.
    • It is wrong for the NITB, the DG and DHRA to graciously and gloriously direct and effect forced re-designations. Forcing employees into undesired positions has induced stress and fraud. The best HR practices suggest that employers should seek employee agreement before making major changes in job roles.
  • FINANCIAL STATEMENT FRAUD
    • The NITB and Management are indulging in acts of creative accounting, a recipe for slippery slope to fraudulent accounting. NITB expenditures are concealed in other Vote- Heads whenever it over-shoots beyond the approved limits to make it harder for the KENAO auditors to detect.

Their mischievous and unethical acts of off-book (expense omission) involves concealing the NITB’s excesses in expenditure on the following Vote-Heads; –

      • Trade Test Fees Expenses
      • Legal Fees
      • Local Travel Expenditure
    • Similarly, the loss of Ksh 12M was not reported in the Audited Financial Statements for the Authority and it goes to confirm,
    • The mischief underlying the failure to post Audited Financial Statements on the Authority’s official website. This is a leadership unwilling to be transparent about the institution’s financial affairs yet it is funded by the taxpayer.
  • PROTECTING THE ARREST OF FRAUDSTERS
    • As indicated earlier, NITA lost Ksh 12M through a fraudulent account opened by criminals at DTB Kisii Branch in Cheques payable to the Authority. An attempt by the same criminals to open a second account at DTB was approved by The National Treasury acting on fraudulent documentation purported to originate from the Authority. It was however detected by actors within the National Treasury who noticed it and alerted NITA.

The Perpetrators

Alfred Jamal (NITA Employee & a known nephew of Julius Olayo), is implicated in this fraud in conspiracy with outsiders and the matter is before a Kisumu based court.

The Tough Questions

      • The DG vehemently objected to the arrest of fraudsters in possession of a whole carton of NITA’s cheques as captured on CCTV camera at Equity Bank – Parliament Road to guard negative publicity. This is a serious crime involving the loss of Ksh.12M in taxpayers’ money and taking action should have taken precedence to publicity. It is uncouth to protect reputation while taxpayers’ money is stolen.
      • The DG has either failed or ignored to initiate efforts to demand a refund of the defrauded funds from DTB Kisii, the point of conduit even in the existence of adequate evidence of negligence by DTB.
      • The NITB is not keen at pursuing new and emerging revelations of Secret Accounts in respect of the Authority. The Director General and the former Manager, Finance & Levy Administration are privy to the existence and operation of these account/s. They were used to siphon funds in high value cheques payable to the Authority in respect of industrial training levy contributions and penalties.
    • The Director Industrial Training, Stephen Ogenga and Manager, Industrial Training, William Mwanza are in full knowledge and the actual beneficiaries of funds defrauded from the Authority in Trade Test Fees running to tens of

millions. The principal architects of this fraud were Karoli Otieno and David Ogenya. Once again, the Director General sabotaged efforts to escalate this matter to the NITB for fear of reprisal and to guard negative publicity.

  • ABUSE OF HR RECRUITMENT AND PROMOTION POLICY

The intricate web of conspiracy between a powerful clique of the NITB and opportunists within the Management ranks has made NITA a comfortable home to Unfair, Unreasonable and Unlawful Labour Practices. Meritocracy and the NITA leadership are adversaries while matters governance have no restriction to the law. The unmerited promotion of the following officers affirms our truthful claims; –

  • Julius Olayo to Director, HR & Admin – Benefited from a promotion solicited in a Boardroom
  • Teresa Lagat, a greenhorn in Finance to Manager, Internal Audit – NEVER met the Job Specification Requirements as contemplated in the advertisement
  • William Mwanza, An HND Diploma Holder to Manager, Industrial Training – NEVER met the Job Specification Requirements as contemplated in the advertisement
  • The attempt to promote Irene Ogamba through a Boardroom negotiation was thwarted by employees’ whistleblowing. It is however understood that Ms Ogamba and her protagonists in the NITB have arrogated themselves with the intent and ability to do anything under the sun to confirm her to the position of a Director.

As a Manager Legal, her work is limited to support the DG’s office in coordinating NITB activities ONLY. The Authority out-sources legal services. For what reasons does she want to be a Director in an office of four (4) employees?

  • ENTRENCHED ETHNICITY & NEPOTISM

Recruitments at NITA are NOT undertaken on the basis of fair competition and merit; representation of Kenya’s diverse communities; adequate and equal opportunities to all gender, youth, members of all ethnic groups, persons with disabilities and minorities. As a consequence, employee loyalty to the ‘godfathers’ who brought them to the Authority is more than the Authority itself. The Director General, Ernest Nadome, Jacqueline Mugo and Julius Olayo are the gods of this State Corporation.

  • They have used every opportunity to bring shame to a glorious institution that the nation respects for its role in Industrial Training. Employees are aghast and disgraced at their unprofessional and shameful conduct of ethnic inclination
  • Mr Julius Olayo has been unleashed by his handlers to sow mayhem and destruction of the careers of innocent employees
  • We say without fear of contradiction that NITA’s ethnic cabals have employed their own relatives, friends and social associates without shame
  • Nepotism is a close cousin of negative ethnicity/tribalism and it is dividing the Authority and setting it aback under the watch of Dr Kamau Gachigi, the President’sappointee.
  • The young, disillusioned and disappointed Kenyans will not get job opportunities at NITA in the leadership of these ethnic cabals who belief it’s their turn to eat
  • The grip of NITA’s institutional capture by FKE & COTU representation, the DG, Director Industrial Training, Director HR & Admin, Manager Legal and Manager Internal Audit has ripped the soul out of NITA, encouraged gross financial mismanagement, promoted unfettered looting and entrenched nepotism/ethnicity.

Employees will tell the truth to themselves; and even if it coincides with what these ethnic cabals are saying, we shall say the truth. WE loudly reject ethnicity, looting, theft/fraud, abuse of corporate power, contamination of NITA with corruption, distortion of the justice system to punish the innocent and benefit a few and complete disrespect for the Constitution of Kenya.

It is NOT by mere coincidence that members of a particular ethnic community are heading key and strategic units of the Authority as per the following analysis; –

DEPARTMENT/DIRECTORATE

OFFICER

1

The Directorate of Human Resource &

Administration

Julius Ochieng Olayo

2

HR – Employee Outsourcing

Eric Owino –

3

The Directorate of Industrial Training

Stephen Ogenga

4

Trade Test & Certification

David Ogenya (Due to Retire) & Collins Owino (Eric Owino’s brother) is already knocking the door

in Succession Planning

5

Marketing & Enterprise Development

Millicent Otom

6

Corporate Communications

Ruth Dero

7

Industrial Attachment

Caleb Ojuok

8

Supply Chain Management

Elvina Osodo

9

Security

Collins Omollo

10

Female Engineers Programme

Same People

  • WITH-HUNTING & MALICIOUS EXECUTION OF EMPLOYEES’ CAREERS

Hon Amb. Cabinet Secretary, Employees make it known to you that NITA is rich in workplace bullying and the divisive nature in its leadership has occasioned devastating effects to the careers of innocent employees.

Case I – Levy Inspectors

  • Legitimately recruited Industrial Levy Inspectors are victims of the Leadership’s horrendous acts occasioned by the ruthless and irresponsible trio of the DG, DHRA and MIA at the malicious directive of NITB.
  • NITA’s hyena bosses have backstabbed, spread malicious gossip and given silent ridicule which has led to the unfortunate wrongful of SIX (6) employees and isolation of those still in service.
  • George O Anangwe, Rachael k Iha, Simon P Mwangi, David K Sirma, Alfred Jamal (Mr Olayo’s nephew and fraudster) and Benjamin L Lokor are victims of NITB’s lawless, hostile and irresponsibly aggressive conduct. Misappropriation/Misuse of Imprest is a subject of Surcharge/Recovery. The illogical and malicious landscape taken to arm-twist and dramatize the issue as fraud qualifies NITA’s leadership as an oligarchy.

Case II – Alfred Jamal’s Ksh 12M

    • It is NOT NITB nor Management which investigated to establish that Alfred Jamal and others were culpable in the said fraud.
    • Alfred Jamal is known as a nephew of Mr Julius Olayo and it is common knowledge that it was Mr Olayo who influenced his recruitment into NITA.
    • Mr Gabriel Obasie (then Ag Manager Finance) and Rosemary Nabwire (Clerical Officer) were vindicated of any wrongdoing by the police
    • It is evident that the decision to force them out of employment was arrived at before conclusion of the matter as evidenced by the vacancy declaration of Mr Obasie’s position within hours of his suspension

Case III – NITA Mombasa

  • The NITB was duped into the believing a choreographed allegations based on unsound arguments by NITA’s alarmist Manager, Internal Audit. She hails from the Director General’s home County and doubles up as his silent bullet.
  • Mr Elkana Kirundi was challenged in raising the Director General’s demand of extortionist Management Fees from NITA Mombasa. It was a perfect opportunity to punish him with ‘voluntary resignation’ for failing to raise ‘Management Fees’.
  • Mr Benson in his capacity as the Accountant of NITA Mombasa became a collateral victim of the Director General and Centre Manager’s war on extortion.
  • ABUSE OF TYRANNY OF NUMBERS BY COTU & FKE REPRESENTATION

It is within the understanding of employees that the combined numbers of FKE & COTU representation of 6/11 is crippling the NITB with unpopular decisions and coercing the Management on matters employment and Procurement. It has made the Chair a lame duck. By a copy of this expose’, Employees shall notify the Presidency and the Legislative arm of Government the conduct of

FKE & COTU representation in NITB to revisit Cap 237 Laws of Kenya on NITA’s establishment with a view of reviewing their numbers in the NITB to an all-time low in numbers.

  • WILFUL EMBEZZLEMENT OF PUBLIC RESOURCES Embezzlement/Misappropriation of public resources is a serious crime. The DG ashamedly grants approval to department activities connived under policy whose actual purpose is to unjustly benefit those responsible for the Vote-Heads.

PFMA 2012 emphasizes efficient, effective and economic use of public resources. We demonstrate a few instances of fascinating evidence in which the administrative control of public funds at NITA point to wastage and extravagance.

  • Distribution, Demonstration & Sensitization of Staff on the Use of Condoms at a Cost of Ksh 600,000 at Each NITA Centre and Levy Offices
    • Like many others, this activity is connived under policy to pillage the Authority
    • Save for NITA’s Kisumu & Mombasa Centres, the Eldoret, Nakuru, Nyeri, Embu and Kakamega have a lean staffing of at most three (3)
    • Mr Julius Olayo and Eric Owino conspired to undertake this exercise to steal from the Authority. The mere participation of other staff was an act to deceive and create the impression of inclusion
    • This cross-country exercise saw the wanton wastage of public resources as follows;
      • Payment of a two/three days’ DSA to the officers and drivers during the period
      • Procurement of air tickets for Julius Olayo and Eric Owino
      • Expenditures in fuel and misuse of motor vehicles

Other Employee Concerns

  • Mr Julius Olayo lacks consideration for the Authority’s interests but more concerned chiefly on his own personal profit and pleasure. The individualized thinking in his mind that his proximity to the NITB makes him more important and superior to other employees and We understand that it is NOT his problem. It is the mentality out of imagination which has been instilled in him by Ernest Nadome and Jacqueline Mugo that he is better than other managers and employees in general.
  • It was embarrassing and shameful for a whole Divisional Director in Government to participate in the Distribution & Demonstration on the Use of Condoms
  • The DG lacks control of public resources in the manner that he exercises his administrative functioning
  • Last Minute Expenditure of Ksh 6.05M – Levy Administration in June 2018

Mr Olayo’s salient appetite for money is despicable. He is not only untrustworthy and insincere but a shrewd individual unfit to hold any public office within our borders. When Employees call him an opportunist, it is Exactly that! Opportunity Controls His Loyalty.

He granted approval for this expenditure in conspiracy with Galm Guyo (Manager Levy Administration) while in acting capacity when the DG was away. It is not a secret that Mr Julius Ochieng Olayo is an individual who sees a chance to gain some advantage from the DG’s absence at the expense of ethics and morals. More lately, he is acting like the proverbial hyena following a man in the hope that the hand may fall. The DG’s fall will NOT make him the NITA’s AIE holder come what may under the sun.

    • The approval of expenditure towards this event was hurriedly approved by Mr Olayo in conspiracy with Galm Guyo in a last minute effort to deplete the Levy Administration Vote Head for the FY
    • The payment of Ksh 5000 to senior members of the Management ‘baptised’ as Internal facilitators was illegal. Their contribution in the event was part of internal information sharing and secondly, they had been paid DSA for six (6) days
    • Like in any other events outside NITA HQs, Mr Olayo never set foot in Naivasha. Instead, he dispatched his driver and relative Bernard Ombete to appear in Naivasha technically for the purpose of acquiring a work ticket to surrender the funds received and by so doing, he will have received money for a function he never attended. This is despicable level of dishonesty from a Director in Government.
    • The inclusion of the DG, DIT and ALL departmental heads interprets a conspiracy of merry-go-round to pillage the Authority. It was NOT practically possible

for the all senior members of management to go to Naivasha and remain there for a whole week to attend a non-critical departmental event related to customer service.

    • The single sourcing of a trainer at a cost of Ksh 1,000,000.00 offended the existing provisions of Public Procurement’s competitive bidding. It goes to confirm the wider conspiracy to steal from the Authority. It is impunity by Managers whose opportunity controls their loyalty.
  • Sensitization of Drivers on Car-Tracking Devices and Use of Fuel Cards
    • Mr Olayo’s tricks to siphon the Authority financial resources under the guise of policy are open, obvious and abusive
    • ALL the NITA offices have a driver each save for Athi River, Mombasa and Kisumu
    • The DG granted an approval for Mr Olayo’s cross- country exercise to Kisumu, Eldoret, Nakuru, Embu, Nyeri, Mombasa, Athi River, and Kakamega to sensitize drivers on the above items
    • While Mr Olayo and Eric Owino took flights to Kisumu and Mombasa, another team of junior officers were on the ground to catch up with them at the expense of an enormous cost of taxpayers’ money in waste
    • The DG’s approval of this exercise is a sign of a weak administrator. A systemic approach to estimate the strengths and weaknesses of alternatives would have seen a combined invitation of the drivers to NITA HQs

as the best approach to achieve the objectives while preserving savings. It is called Cost-Benefit-Analysis.

For Employees to volunteer information without fear of retribution, the individuals adversely mentioned should be asked to step aside. Meanwhile, we are sharing this communication with the appropriate state agencies to act on the cover-up of the following; –

  • Abuse of Office & Impunity
  • Conspiracy to Defeat Justice (Unfair Dismissal of Employees)
  • Corruption
  • Massive Fraud of Trade Test Fees
  • Extortion of money from Employees
  • Procurement Irregularities and Illegalities
  • Recruitment Scams NOT Approved by the National Treasury and Inconsistent with Vacancy Declarations

Yours Faithfully Employees

National Industrial Training Authority CC

Dr Joseph Kinyua Hon Aden Duale

Head of Public Service Leader of Majority

State House National Assembly

Mr George Kinoti Director

Directorate of Criminal Investigations

Bishop Dr Eliud Wabukala Chairperson

Ethics & Anti-Corruption Commission

Noordin Haji Director

Directorate of Public Prosecutions



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