Awino accuses Ndung’u of turning KeNHA into a “conduit for siphoning public funds.” He highlights numerous stalled or abandoned projects, including the street lighting of the Nairobi-Thika Superhighway, which involved irregular procurement of bulbs worth KSh 66 million, and the delayed completion of roads like Chuka-Kaanwa and Kaanwa-Wakathite, costing taxpayers billions
In a stirring plea for justice, human rights crusader Francis Awino has approached the High Court, urging it to revoke the appointment of Eng. Kung’u Ndung’u, the Director General of the Kenya National Highways Authority (KeNHA). Awino accuses Ndung’u of incompetence and claims his ascent to the position was tainted by political interference and unethical practices.
Awino’s petition paints a picture of a deeply flawed appointment process, alleging that it was orchestrated by former President Uhuru Kenyatta and ex-Transport CS James Macharia, who purportedly coerced the KeNHA Board into endorsing Ndung’u despite his poor performance during interviews.
In the court filings presented before Justice Enock Chacha Mwita, Awino alleges that road contractors in Nairobi and Mombasa paid kickbacks to influence Ndung’u’s selection. The activist further claims the respondent leveraged political connections, including alleged protection from Deputy President Rigathi Gachagua, to secure and retain his role.
Unmasking Allegations of Corruption
Awino accuses Ndung’u of turning KeNHA into a “conduit for siphoning public funds.” He highlights numerous stalled or abandoned projects, including the street lighting of the Nairobi-Thika Superhighway, which involved irregular procurement of bulbs worth KSh 66 million, and the delayed completion of roads like Chuka-Kaanwa and Kaanwa-Wakathite, costing taxpayers billions.
Further scrutiny reveals discrepancies in KeNHA’s financial statements, with unexplained expenditures exceeding KSh 525 million for the Nuno-Modogashe Road and unpaid pending bills on the Kenol-Sagana-Marua Highway, raising questions about the authority’s transparency and financial integrity.
Questioning Integrity and Academic Qualifications
Awino also casts doubt on Ndung’u’s academic credentials from Jomo Kenyatta University of Agriculture and Technology (JKUAT), noting they are being challenged in court. He argues that Ndung’u’s appointment contravenes constitutional principles of merit, transparency, and public participation.
The activist seeks a declaration that Ndung’u’s tenure violates Articles 73 and 35 of the Constitution, which govern the conduct of public officers and access to information.
Awino’s petition asks the court to:
- Declare Ndung’u’s appointment unlawful and order a fresh recruitment process.
- Compel JKUAT to disclose details of Ndung’u’s academic qualifications.
- Direct Ndung’u to return all assets and funds allegedly acquired unlawfully to the Assets Recovery Agency (ARA).
- Order the Ethics and Anti-Corruption Commission (EACC) and the Director of Public Prosecutions to investigate and prosecute him.
Justice Mwita has scheduled the hearing for February 19, 2025, setting the stage for a critical legal showdown. For Awino, this case is a fight for integrity and justice in public office, a call to end impunity and ensure that leaders are held accountable to the people they serve.
