Trial Of Rift Valley Water Services Board Officials In Ksh.600M Graft Probe To Resume
The trial of Rift Valley Water Services Board officials accused by the Ethics and Anti-Corruption Commission (EACC) of Ksh.600 million tender fraud in the construction of the Malaba Water and Sanitation Project is set to resume.
This is after the High Court dismissed a bid by the accused persons to stop their prosecution on technical grounds.
The officials were members of a tender evaluation committee of the water services board that irregularly and fraudulently awarded the multi-million tender to an unqualified private company called Mactebac Contractors Ltd.
Mactebac did not meet the set qualifications and lacked the capacity to undertake such a magnitude of work.
The officials were charged alongside their accomplices including the contractor and officers from Lake Victoria North Water Service Board.
They comprise Rachael Nafula Makokha, Programme Coordinator, Kenya Towns Sustainable Water Supply and Sanitation at Rift Valley Water Services Board; Agnes Jerop Bowen, Programme Accountant, Rift Valley Water Services Board; Eng. Patrose Sempeiyan Leshinka, Programme Engineer, Rift Valley Water Services Board; David Kigen, Procurement Assistant, Rift Valley Water Services Board; Isaac Kiptanui Ruto, Former Water Provision Officer, Lake Victoria North Water Service Board; Jared Ouma Okungu, Infrastructure Development Officer, Lake Victoria North Water Service Board and Joram Opala Otieno, Director, Mactebac Contractors Ltd.
They were arrested by EACC on February 1 and charged on February 2 before the Bungoma Anti-Corruption Court.
The accused were charged with the wilful failure to comply with the laws and regulations relating to procurement, neglect of official duty, and fraudulent practice in procurement.
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Upon taking a plea, they filed a case before the High Court arguing that their arrest was irregular and illegal because when EACC submitted their investigation file to the DPP, the DPP returned it to the commission with recommendations for further investigations before a final decision to charge them was made.
The accused persons unsuccessfully sought to have the High Court quash the bid by EACC and ODPP to charge them with criminal offenses, arguing that it would violate their rights.
They, however, lost the case. Dismissing the case two weeks ago, Bungoma High Court Judge Lady Justice Rose Ougo said that the case lacked merit and ordered that the trial proceed before the Chief Magistrate’s Court.
The matter has now been set for hearing on February 15 and 16, 2024, before the Bungoma Chief Magistrate’s Court.
EACC says its investigations revealed that Mactebac’s director submitted forged documents and provided false information to the Rift Valley Water Services Board in order to win the tender.
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The technical evaluation committee members were also found to have failed to perform due diligence and therefore failed to confirm and verify the qualifications of Mactebac who had submitted the lowest evaluated responsive tender.
Further, the anti-graft agency established that the contract was awarded to Mactebac despite the irregularities and outright forgeries by the company.
Upon conclusion of investigations, EACC forwarded the resultant file to DPP with recommendations to charge several officers of the water services board and the director of the said company.
Subsequently the DPP, upon independent review of the inquiry file and evidence therein, concurred with the recommendations of EACC to charge the suspects with various offences.
Trial Of Rift Valley Water Services Board Officials In Ksh.600M Graft Probe To Resume
