Nyaribari Masaba MP Daniel Manduku wants the state to drop the Sh1.4 billion graft case leveled against him over alleged irregular procurement and unlawful awarding of tenders at the Kenya Ports Authority (KPA).
Mr Manduku, who is former Kenya Ports Authority (KPA) Managing Director, wants the Director of Public Prosecutions (DPP), Mr Noordin Haji, to review and withdraw the criminal charges against him on grounds that there is insufficient evidence to support the case.
His lawyers on Tuesday told trial magistrate Victor Wakumile of the anti-corruption court in Milimani that they had already written to the DPP seeking review. The planned hearing of the case failed to take off after the defence lawyers said there is possibility of the DPP to withdraw the charges.
"We are seeking adjournment for today's proceedings. We have written to the DPP a letter seeking to review the criminal proceedings. If the review is considered, there is probability of the charges being withdrawn," said the defence.
Prosecutor Evah Kanyuira confirmed that the ODPP had received the letter and sought more time for his boss to give further directions in the case.
"I confirm that we have received a letter from the firm of advocates representing the accused. I have not been able to peruse the letter. We plead with the court to give us time to review the letter and see if it will have any impact with the case,” said the prosecutor.
However, the court declined Mr Manduku's request to release his passport following on the basis of his election as a Member of Parliament.
Magistarte Wakumile urged him to file a formal application stating that the return of the travel documents, which were deposited in court as part of the bond terms, is not automatic.
"I agree entirely with the DPP, it doesn't mean that when you are an MP you can get back your passport. Whenever you need it, you make an application. The application by the defense to have this court release the passport to the accused person is dismissed,” said Mr Wakumile.
Nyaribari Masaba MP Daniel Manduku (left) and his co-accused Juma Fadhili Chigulu at the Anti-Corruption Court in Milimani Nairobi on Friday, August 28, 2020.
Photo credit: Dennis Onsongo | Nation Media Group
Mr Manduku was charged alongside KPA Works Officer Juma Fadhili Chigulu over allegations of engaging in a project without prior planning, wilful failure to comply with applicable laws, procedures and guidelines relating to procurement and abuse of office.
They were jointly charged with 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. Mr Manduku faced four charges while Mr Chigulu answered three.
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 the 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 was 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.
