
The office of the Director of Public Prosecutions (DPP) put in the queue at least 17 witnesses in the Sh1.4 billion graft case hitting on former Kenya Ports Authority (KPA) Managing Director Daniel Manduku and his counterpart works officer Juma Fadhili Chigulu.
Within the key witnesses are ex- KPA acting head of Ethics and Integrity Joseph Okhako and KPA Board chairman Joseph Kibwana, however, Mr. Manduku and Mr. Chigulu denied charges on irregularity on procurement and awarding of tenders.
Appearing at the Anti-graft Court in Nairobi, the former MD denied three charges while Mr. Chigulu answered to three. The two were granted Sh30 million bonds each or KES 12 million cash bail with the court ordering them to surrender all their travel documents.
“Given the amount involved in the case, the public interest is a number one priority. Public confidence must be ensured in the manner in which courts deal with graft cases. Corruption has terrible effects on the country’s economy,” Chief Magistrate Lawrence Mugambi said categorically.
From the sources related to the proceedings is argued that getting a bond is a constitutional right, but courts must exercise their giving in a manner that Kenyans’ confidence in how decisions are made is not thrown into the air.
“Decisions of court in terms of bail must be fair. Citizens who understand the bond and bail policy guidelines need to be satisfied that justice is done,” the court said.
The duo accomplice was charged with conspiring to commit an offense by approving the procurement of KES 1.4 billion concrete barrier works without proper procedure. The DPP’S office says the crimes were committed at the KPA headquarters in Mombasa between the months of March 29 and August 22, 2019.
Mr. Manduku, who was also the authority’s accounting officer, faces two other charges of willfully failing to comply with the relevant laws, and guidelines governing procurement. The court was told that he duly plotted the misappropriation of Sh678.8 million on KPA’s budget for the 2018/19 financial year.
Mr. Chigulu, who is attached to the KPA civil engineering department, is charged with abuse of office that says he unlawfully prepared compromised work evaluation certificates. The certificates tabled to the finance department by contractors, showed an overpayment of Sh244.8 million.
State counsel Eva Kanyuira accepted the bail application but asked the court to impose more stringent terms. She said the pair faces serious offenses and urged the court to take note of that, adding that the two should be treated like they are already guilty.
The case will be mentioned on September 25th.
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