DPP Noordin Haji has ordered the arrest of virtually the entire management of Kenya Power and Lighting Company for corruption-related offences.
In a statement dated July 13, Haji said CEO Ken Tarus and eight other managers irregularly awarded labour and transport contracts to 33 companies, which were not qualified, and the some companies were assigned work severally with clear criteria.
“Most of the companies used fake documents to apply for the tenders and 39 of the companies given the work were not registered at the time of application and pre-qualification,” said Haji.
The Director of Public Prosecution
said that despite the obvious irregularities, KPLC had already paid out Sh160 million, the balance dude to the companies being Sh95 million.
"Upon review, I have established criminal culpability against KPLC management, employees, the directors of the firms or the entities involved,” stated Haji.
Apart from Tarus, the DPP ordered the arrest and prosecution of Finance Acting General Manager Harun Karisa; Daniel Tare, the General Manager of Network Management; Noah Omondi, the Manager Network Management; Daniel Muga who is the Acting Supply Chain General Manager and John Njehia, the manager, Labour and transport projects.
Others are James Muriuki (chief accountant), Benard Muturi (tender opening committee) and Everlyn Omondi (Tender opening committee).
The suspects will all face various charges including abuse of office, willful failure to comply with procurement rules, conspiracy to commit an offence of economic crime and willful failure to comply with the law relating to management of public funds.
Directors of 33 other companies will also be arraigned in court to face charges of fraudulently acquiring public property.
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"CONTRACTS SHROUDED IN MYSTERIES"
The DPP reported that the tender for the supply of labour and transport was floated in 2017 but that the tendering process was "riddled with irregularities".
Of the 525 companies that were pre-qualified, he said, it was established that [many of them] could not pass the test of pre-qualification for failure to meet the basic prequalification criteria," the statement stated.
"The allocation of contracts was shrouded in mysteries since a select group of companies/firms were found to have been assigned projects several times without clear indication of the criteria used to allocate the work."
He added that the companies used fake documents, including
National Construction Authority and Energy Regulatory
certificates, to apply.
Haji said that KPLC management has been in cahoots with private individuals and companies engaging in criminal activities requiring decisive and robust action".
He regretted that most of the top management is affected but noted that corruption must be combated for the public's sake. Investigations followed complaints by the public about issues including higher charges and middlemen in the sale of tokens.
"I have noted the emerging trend of corruption as an interwoven scheme involving persons employed by the organisation, family members and friends," the DPP said. "It is also clear that most of the firms involved in such schemes are shadowy and incapable of delivering quality service."
Besides the Kenya Power bosses, the DPP said he was satisfied about prosecutable cases against the directors of Millers Entreprises who are Catherine Wamarwa, Catherine Wanjiku, Christine Nyawara and Edwin Macharia.
The others are as in the lists below:
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