DPP prefers charges against Manduku over graft allegations
Zadock Angira and Reuben Mwambingu
Former Kenya Ports Authority Managing Director Daniel Manduku surrendered to the Directorate of Criminal Investigations headquarters in Nairobi yesterday, hours after the Director of Public Prosecutions, Nordin Haji approved his prosecution over Sh244 million procurement scandal at the parastatal.
Manduku was processed and taken to the Muthaiga Police Station where he spent the night waiting to be charged this morning .
In approving the charges, Haji said he had independently reviewed the evidence gathered and established that Manduku authorised and approved the procurement of the manufacture of 17,940 concrete barriers whose expenditure was neither budgeted for nor captured in the KPA procurement plan for the 2018-2019 financial year.
“There was no prior planning before engaging the project for the manufacture of the concrete barriers.
KPA made an overpayment of Sh244,837,908 to the contractors for works not completed,” the DPP said.
The barriers were manufactured at the Inland Container Depot, Kilindini Port and the Makongeni Goods shed, and Manduku is said to have hand-picked ten companies which were awarded the tender.
Manduku’s co-accused, Juma Fadhili Chigulu who was the KPA’s Works officer, approved the illegal payments, according to the DPP.
“There was no requisition made for concrete barriers by the user department within the KPA as required under the Public Procurement and Asset Disposal Act,” Haji added.
As a result, the procurement commenced through preparation of Bills of Quantities as opposed to an open tender process in contravention of the tender laws.
The nine BQs were prepared by the Senior Works Officer Anthony Muhanji.
The charges against Manduku, which have for long time been the bone of contention between the DPP and the DCI, threatening their working relationship, has now been put to rest.
Manduku and the Kenya Revenue Authority Commissioner, Kevin Safari had in early March been arrested by the detectives from the Directorate of Criminal Investigations (DCI) and arraigned on March 3, but the DPP declined to approve the charges, leading to his release.
