By ordering the arrest of Malindi MP Aisha Jumwa and former Kenya Ports Authority managing director Daniel Manduku, the Director of Public Prosecutions Noordin Haji on Thursday appeared to be opening a new wave of arrests targeting some hitherto powerful individuals.
Despite completion of investigations, the two cases had been pending at the ODPP, creating bad blood between Directorate of Criminal Investigations officers led by George Kinoti, and those from Mr Haji’s office.
The seeming delayed action by the Director of Public Prosecutions tested the collaboration between the two agencies, with Mr Kinoti insisting that he had finished investigations and yet the ODPP was holding the files.
But On Thursday, and in separate statements, Mr Haji ordered the arrests of Dr Manduku and Ms Jumwa over corruption and fraud.
While Ms Jumwa and seven others are accused of misappropriating over Sh57.7 million from the Constituency Development Fund – and which ended up in her account – Dr Manduku is accused of fraudulent procurement of Sh244 million concrete barriers for KPA.
Five months ago, an attempt by Mr Kinoti to charge Dr Manduku failed after Mr Haji said he had not approved the file and thus, and in an embarrassing tussle between the two, Dr Manduku walked out of Milimani Courts without facing any charge.
Five months later, the DPP has now ordered the arrest of Dr Manduku to face a charge he had all along evaded – even after he tendered his resignation as the KPA MD.
In a statement recommending for his apprehension, the DPP said KPA under the leadership of Dr Manduku made an over payment of Sh244 million for works not completed.
The overpayment of the millions of shilling was part of the Sh2.7 billion scandal that detectives were investigating after the MD approved the procurement of the manufacture of concrete barriers at the Inland Container Depot, Kilindini Port and Makongeni Shades without an approved budget plan for the 2018/19 financial year.
It is alleged that Dr Manduku ignored procurement procedures and asked the head of procurement to award the works to 13 select contractors. Detectives found that the instructions were written on a yellow stick-on paper attached to the Bill of Quantity and forwarded to the head of procurement for procuring processing.
Forensic examination and handwriting analysis found that the note emanated from the MD. Again, the KPA officials awarded the tender to biennial contractors — who are not used for capital projects.
And since the procurement for the barriers was not in the approved capital budget for the 2018/19 financial year, the KPA procurement system could not authorise such expenditure.
Mr Haji noted that the contracts for the manufacture of the concrete barriers were awarded to 10 companies which were hand-picked by Dr Manduku without him following the requisite procurement procedures.
Records indicate that these works were charged under the repairs vote head, which had only been authorised to spend Sh600 million for the 2018/19 financial year. By March 6, it had overrun its budget by Sh784 million.
It is said that payments for the manufacture of the concrete barriers were approved by Mr Chigulu and saw KPA make an over payment of Sh244 million to the contractors for works not completed.
Yesterday, Mr Haji said he is “satisfied that there is sufficient evidence to support charges for various criminal offences against Dr Manduku and Mr Chigulu” and directed that the suspects be apprehended and arraigned in court to face charges.
With Dr Manduku being sought now, other KPA officials are staring at the same fate as investigations into other corruption allegations continue.
The other cases that had involved Dr Manduku and other KPA officials include the Sh40 billion Kipevu Oil Terminal (KOT) and the unlawful award of tenders for the construction of the cargo storage facilities at the Nairobi Inland Container Depot (ICD).
President Uhuru Kenyatta recently fired three directors of the KPA board as the government moved to streamline services at the agency. The three directors sent home include Peter Gibendi, Peter Muracia and Alice Mwaisaka. The Head of State replaced them with Joyce Tirok, Ngalaah Chuphi and Darius Nyariki Mobe.
The dismissal of the three came as the Nation learnt that the process of getting a new MD nears the end even as President Kenyatta merged key state parastatals, including the KPA, Kenya Pipeline Company (KPC) and Kenya Railways Corporation (KRC) to operate under the John Ngumi-led Industrial and Commercial Development Corporation (ICDC).
Meanwhile, the DPP has also ordered the arrest of allies of the Malindi MP over the CDF scandal. Those facing arrest include Wachu Omar Abdalla, the CDF account manager, Kennedy Otieno Onyango, Bernard Riba, Sophia Charo, and Margaret Kalume, all of who are members of the CDF tender committee. Robert Wanje, the Director of Multiserve and the firm itself will also be in court today.
According to Mr Haji, the DCI conducted a probe into misappropriation of funds by the Malindi legislator and several businesses enterprises connected to her and found that they had received more than Sh57 million from her constituency’s development fund.
According to the DPP, the procurement process by the CDF fund manager and the tender committee was flawed and marred with irregularities, skewed in favour of Multiserve Contractors Limited.
This saw Multiserve Contractors receive Sh19 million to construct an education office block at Malindi sub-county.
“After the payment, it illegally transferred Sh2.5 million to the personal account of the MP and this amounted to conflict of interest. Evidence shows that Ms Jumwa concealed the said sums, being proceeds of crime, through depositing an instalment towards the purchase of an apartment at Argwings-Kodhek Road in Nairobi,” Mr Haji said.
The MP and her co-accused are expected in court today to face seven charges, including conspiracy to commit an offence of corruption, conflict of interest, wilful failure to comply with procurement laws, money laundering, acquisition of proceeds of crime, forgery and uttering false documents.
