17 to testify in ex-KPA boss Daniel Manduku graft case
Daniel Manduku at the Milimani Law Courts on August 28, 2020.
What you need to know:
- Daniel Manduku is represented by Law Society of Kenya President Nelson Havi and Senator James Orengo.
- Appearing at the Anti-Corruption Court in Nairobi, the former MD denied three charges while Mr Chigulu answered to three.
- The two were granted Sh30 million bond each or Sh12 million cash bail.
The office of the Director of Public Prosecutions (DPP) has lined up at least 17 witnesses in the Sh1.4 billion corruption case facing former Kenya Ports Authority (KPA) Managing Director Daniel Manduku and works officer Juma Fadhili Chigulu.
Among the key witnesses are former KPA acting head of Ethics and Integrity Joseph Okhako and KPA Board chairman Joseph Kibwana.
Mr Manduku and Mr Chigulu denied charges related to irregular procurement and awarding of tenders.
Appearing at the Anti-Corruption Court in Nairobi, the former MD denied three charges while Mr Chigulu answered to three.
The two were granted Sh30 million bond each or Sh12 million cash bail.
The court also directed them to surrender their passports and other travel documents.
“Given the amount involved in the case, public interest must be taken into account. Public confidence must be restored in the manner in which courts deal with corruption cases. Corruption has adverse effects to the country’s economy,” Chief Magistrate Lawrence Mugambi said.
He added that though getting bond is a constitutional right, courts must exercise their discretion in a manner that Kenyans do not lose confidence on how decisions are made.
“Decisions of court in terms of bail must be fair. Citizens who understand bond and bail policy guidelines need to be satisfied that justice is done,” the court added.
The two were remanded at Kileleshwa police station as their bonds were processed.
Mr Manduku’s lawyer Nelson Havi told the court that his client has a serious respiratory condition.
Other members of Mr Manduku’s legal team are Ms Julie Soweto and Siaya Senator James Orengo.
Mr Chigulu id represented by Mr Erick Theuri.
The pair was charged with conspiring to commit an offence by approving the procurement of Sh1.4 billion concrete barrier works without approval.
They are also accused of engaging a manufacturer of the barriers without planning.
The DPP’S office says the offences were committed at the KPA headquarters in Mombasa between March 29 and August 22, 2019 .
Mr Manduku, who was also the authority’s accounting officer, faces two other counts of wilfully failing to comply with the relevant laws, procedures and guidelines relating to procurement.
The court was told that he occasioned misappropriation of Sh678.8 million on KPA’s budget for the 2018/19 financial year.
Mr Chigulu, who is attached in the civil engineering department of KPA, was also charged with abuse of office.
The prosecution said he unlawfully prepared erroneous work evaluation certificates.
The certificates were presented to the finance department by contractors, occasioning an overpayment of Sh244.8 million, the prosecution said.
State counsel Eva Kanyuira did not oppose the bail application but asked the court to impose stringent terms.
“They face serious offences and we urge the court to take note of that,” Ms Kanyuira said, adding that the two should be treated like they are already guilty.
Mr Havi said Mr Manduku was already out on a Sh500,000 anticipatory bail granted by the High Court in December.
The case will be mentioned on September 25. The defence was directed to pick documentary evidence from the investigating officer.
