EACC charges man who died seven years ago in Nyamira tender case

An officer who died seven years ago is among seven  Nyamira County Assembly employees set to face trial at an anti-corruption court over alleged tender manipulation.

Enock Omwenga Nyakundi, who died in 2019, is listed among the accused alongside Clerk Duke Onyari, Procurement Director Joyce Onyiego, Simon Ogecha and Legal Officer David Ombego.

The Ethics and Anti-Corruption Commission (EACC) seeks to charge them with allegedly manipulating a tendering process to favour an unsuitable bidder.

The suspects’ attempt to block their arrest suffered a setback after the High Court of Kenya dismissed their application for anticipatory bail.

They had sought the orders to stop the execution of arrest warrants issued by the Keroka Anti-Corruption and Economic Crimes Court, where they failed to appear for plea taking on March 19, 2026.

The court heard that between May 23 and June 2018, while serving as employees of the County Assembly, the accused allegedly irregularly awarded Tender No. CAN/T/027/2017-2021 for the construction of an office block to Jetta Builders Ltd despite the firm not being the lowest evaluated bidder thereby conferring a benefit of Sh30,187,396 to the company.

They also face five additional charges, including abuse of office, willful failure to comply with public finance management obligations, and neglect of duty.

While dismissing their petition, Nyamira Resident Judge Thripsisa Cherere directed the accused to present themselves before the Keroka Anti-Corruption Court on Monday to take plea.

According to the petitioners, they were not summoned or notified to appear in court.

“The intended arrest is prejudicial and the prosecution was acting maliciously,” they told the court.

However, in her ruling, Justice Cherere found that the application did not meet the threshold for anticipatory bail.

“The material before the Court shows that investigations were conducted, the file reviewed, charges approved and a charge sheet filed before a competent court,” the court ruled.

She added that the warrants of arrest were issued within the law and that the applicants had not demonstrated illegality or bad faith.

“The interim anticipatory bail granted on March 24 shall stand vacated on April 2026. The applicants shall attend before the trial court in Keroka not later than 9.00am on April 13, 2026, failure to which warrants of arrest issued against them shall forthwith take effect,” Justice Cherere ruled.

The suspects are now expected to present themselves in Keroka on Monday for plea taking, failing which they risk arrest.