Nine more people were arraigned before a Malindi court in connection with corruption cases involving the construction of the Sh8.5 billion Ronald Ngala Utalii College in Vipingo, Kilifi County.
This brings to 12 the number of accused persons charged in connection with the project after three others, including former Tourism Cabinet Secretary Najib Balala and a former Principal Secretary in the ministry, Ms. Leah Gwiyo, denied charges of abuse of office and went against a Cabinet decision.
The nine denied joint and separate charges before Malindi Chief Magistrate James Mwaniki, who released them on different bond terms depending on the charges against them and set the mention of the case for January 11, 2024.
The magistrate at the same time deferred a ruling on an application seeking to gag the Office of the Directorate of Public Prosecutions (ODPP) and the Ethics and Anti-Corruption Commission (EACC) from sharing details of their investigations with the public through the media.
Defence lawyers had lamented that releasing information before arresting and charging suspects would make the public pronounce them guilty before prosecution, and this would amount to a miscarriage of justice.
The magistrate released two former Chief Executive Officers of the Catering, Tourism, and Development Levy Trustees, Allan Chenane and Joseph Cherutoi, on a Sh2 million bond with a surety of a similar amount or a cash bail of Sh600,000 each.
They were separately charged with willfully failing to comply with the Public Procurement and Disposal Act 2005 by approving payments of Sh159,361,444 and Sh524,532,920.05, respectively, in respect of Requests for Proposals for the design, documentation, and contract management of the proposed college.
Two directors of Baseline Architects Limited, Morris Njue and Dominic Motanya, and the sole proprietor of Ujenzi Consultants were released on a Sh3 million bond with sureties of similar amounts or a cash bail of Sh800,000 each.
Their companies are said to have raised consultancy fee notes in excess of works done to with Sh623,722,581.27 and Sh517,384,217.75 in respect of Requests for Proposals for the design, documentation, and contract management of the proposed college.
Nora Mukuna, a Procurement Manager of the Catering, Tourism, and Development Levy, and the organisation’s tender committee members, Eden Odhiambo, Ruth Wanyangu Sande, and George Muya Njoroge, on a Sh750,000 with a surety of a similar amount each or a cash bail of Sh300,000 each.
Mukuna was accused of willfully failing to comply with the law relating to procurement, while the other tender committee members were accused of failing to ascertain the request for a proposal for consultancy services for the design, documentation, and contract management of the proposed college.
The magistrate issued summonses to five more suspects who have yet to take the plea, one of whom is said to have relocated to a foreign country where a lawyer claimed she is married and may have even renounced her Kenyan citizenship.
On Friday, December 28, 2023, Balala, Gwiyo and Joseph Odero, a management partner with Westconsult Engineers, were arraigned before Mr. Mwaniki, who released Balala and Gwiyo on a Sh5 million bond or a cash bail of Sh1 million each, and Odero on a Sh3 million bond or a cash bail of Sh800,000.
Balala and Gwiyo were jointly charged with using their offices to confer a benefit to four consulting firms by resolving to engage four consultants against a Cabinet decision, which led to irregular payments of Sh3,368,779.63.
On his part, Odero is accused of acquiring more than Sh292 million from the Tourism Fund (formerly Catering and Tourism Development Levy Trustees) by raising fee notes in excess of works done in respect of the design, documentation, and contract management of the proposed college.
