Former Kenya Ports Authority (KPA) Managing Director Daniel Manduku has denied corruption charges related to irregular procurement and unlawful awarding of tenders.
Mr Manduku was charged alongside KPA’s Works Officer Juma Fadhili Chigulu at the anti-corruption court in Nairobi. He faced four charges while Mr Chigulu answered three.
They are jointly accused of conspiring to commit an offence of corruption by approving procurement of concrete barriers’ works with a contractual sum of Sh1.4 billion without a budget approval.
They were also charged with engaging in procurement for a manufacturer of the concrete barriers without prior planning.
According to the charge sheet, the offences were committed between March 29 and August 22, 2019 at the KPA headquarters in Mombasa.
Mr Manduku, who was also KPA’s accounting officer, faced two separate charges of willful failure to comply with the applicable laws, procedures and guidelines relating to procurement contrary to the provisions of the Anti-Corruption and Economic Crimes Act, 2003.
The court heard that he occasioned misappropriation of Sh678.8 million on KPA’s annual budget for the 2018/19 financial year by unlawfully undertaking procurement of the manufacturer of concrete barrier works without an approval of a budget.
The project was undertaken in violation of Section 44 (2) (a) of the Public Procurement and Asset Disposal Act, 2015. In another count, the former MD was charged with abuse of office.
Mr Chigulu, who is attached in the Civil Engineering department of KPA, was also separately charged with abuse of office for unlawfully preparing Works Evaluation Certificates that were erroneous.
The certificates were presented to the Finance Department of KPA by the contractors to claim payments thereby occasioning an overpayment of Sh244.8 million by KPA.
After denying the charges before Milimani Chief Magistrate Court Lawrence Mugambi, the accused persons through their four-member legal team sought to be released on bail.
The prosecution side led by State Counsel Eva Kanyuira did not oppose the application but urged the court to impose stringent terms proportionate to the charges the accused persons are facing.
“They are facing serious offences and we urge court to take cognizance of that. They should deposit their passport and other travel documents in court pending trial. We urge court to be guided by the charges as they are in the charge sheet,” said Ms Kanyuira.
She added that Mr Manduku should be prohibited from going to the KPA so that he does not interfere with the prosecution witnesses.
However, Mr Manduku’s lawyer Nelson Havi said the former KPA boss is already out on an anticipatory bail of Sh500,000 that was granted by the High Court in Mombasa in December last year, hence he is not a flight risk.
He asked the magistrate to have the same amount, which was deposited in court, imposed as the bail of securing his client’s court attendance during the trial.
“My client is no longer in office. So he has no place for him to stay away from and there is no threat to witnesses. We urge court to depart from the precedent lately used in anti-corruption matters hefty cash bails and bond terms are issued. Purpose of bail/bond is to secure attendance of the accused,” said Mr Havi.
Other lawyers for Mr Manduku in the corruption trial were Julie Soweto and Siaya Senator James Orengo.
On behalf of Mr Chigulu, lawyer Erick Theuri said the accused is a junior civil servant earning a monthly salary of less than Sh100,000 and so the bail terms should be lenient.
“Consider the unique and personal circumstances of the second accused. He is 58 years old and within the vulnerable category. His is on half pay and the drastic reduction of his salary should be taken into account. We urge court to put different bail/bond terms for the accused persons,” said Mr Theuri
