Seven former Kenya Power managers to be charged over Sh150m scandal

Kenya Power offices in Nairobi.  [File,Standard]

The anti-corruption court sitting in Nairobi has found that seven former Kenya Power managers have a case to answer over Sh150 million scandal.

Milimani Chief Magistrate Victor Wakumile said that the prosecution had provided sufficient evidence to establish a prima facie case against the accused.

The accused are Engineers Noah Omondi, Daniel Muga, John Njehia, James Muriuki, Benard Muturi and Evelyne Pauline Amondi.

The magistrate noted that the Office of the Director of Public Prosecutions (DPP) successfully presented overwhelming evidence against the former senior Kenya Power managers for alleged negligence in the procurement process that led to the prequalification of bidders, despite glaring irregularities. Consequently, Sh150 million was irregularly paid to the contractors.

The seven are charged with allegedly conspiring to commit an economic crime by carelessly failing to comply with the procedures and guidelines relating to procurement.
This according to the charge sheet, led to the fraudulent payment of Sh159 million to companies that were unprocedurally pre-qualified for labour and transport services vide tender No KPI/9AA-2/58/PJT/16-17.

The former managers face separate charges of alleged wilful failure to comply with the law relating to management of public funds by approving a list of entities (companies) irregularly pre-qualified to render labour and transport services.

The accused also face charges of alleged conspiracy to commit economic crime, wilful failure to comply with procurement law, and abuse of office, in violation of the Anti-Corruption and Economic Crimes Act of 2003.

The matter is scheduled for further directions on October 15, 2024, when the accused are expected to indicate the manner in which they will conduct their defence.

The seven had earlier been charged with former Kenya Power Managing Director Ken Tarus before the DPP in February 2023 dropped charges against him over insufficient evidence to link him to the graft scandal.

The court allowed an application by the office of the DPP to withdraw corruption charges against Tarus.

The case was marked as withdrawn after the DPP informed the court that no offense had been revealed against the former Kenya Power boss. This was established after the ODPP team reviewed the evidence.

The former Trial Magistrate Elizabeth Juma withdrew the case under section 87 (a) of the civil procedure code saying the court cannot compel the DPP to proceed with the case if it has reached a decision not to.