Kenya Power and Lighting Company managers were yesterday spared the agony of spending another night in remand after they were freed on a Sh1 million bail.
However, even after being freed on bail, the 19 suspects were remanded at Gigiri Police Station awaiting the processing of their release orders. This was because by the time the court was making the ruling, banks and the court registry had been closed.
CEO Ken Tarus and former MD Ben Chumo and their co-accused had
until yesterday evening to process their bail terms or be transferred to Industrial Area Remand or Langata Women Prisons.
They are each required to deposit a Sh 1 million cash bail or a Sh 2million bond and a personal bond of Sh 3 million to secure their release.
In his ruling, chief magistrate Douglas Ogoti cautioned the suspended top chiefs against contacting any of the witnesses in the case, failure to which their bond terms will be cancelled.
They were further restrained from approaching any of the Kenya Power installation offices or interfere with the company’s system using their passwords.
They are required to appear at the Director of Criminal Investigations after every two weeks until the court gives further directions.
The court issued summons against two MUWA Ltd Co-directors, Grace Wanjira and John Mungai who are said to be in the UK on medical grounds. The court was told that the two are mother and son and Mungai had accompanied his mum who has gone for further treatment.
While releasing them on bail, Ogoti said that the prosecution had failed to prove that there were any compelling reasons to warrant the court to deny the accused bail.
Ogoti said that the prosecution did not produce the alleged memos that they claimed were sent to potential witnesses by the accused persons.
Earlier in the day, the prosecution had put up a spirited fight in a bid to have the top managers thrown into remand prison.
Through state Counsel Alex Muteti had claimed that they were apprehensive that witnesses may be intimidated, threatened or interfered with if the accused persons are admitted to bail.
“If the accused are released on bail, there is real danger that the intended witnesses may be dissuaded from appearing and giving evidence against their immediate bosses” he claimed.
According to the prosecution, the investigations have revealed that the employees some of whom are witnesses have been directly and indirectly been instructed through internal memos and phone calls not to allow access to investigations to the warehouse or storage facilities.
The court was also told that the police are investigating the matter of interference with witnesses by the accused and their agents
The prosecution further argued that the accused were senior officers holding sensitive department within KPLC and they have accused to the companies sensitive operational systems because they are super users in the management of the electronic system of the company.
The defense strongly denied the claims by the prosecution arguing that they had not given any particular case to show which of the accused had contacted any of witnesses.
Lawyer Katwa Kigen told the court that the accused are not a flight risk and have shown willingness to cooperate with the police in their investigations.
He further submitted that all the accused were either arrested in their homes or presented themselves to the police station which is a good gesture on their part.
Kigen further alleged that all the accused persons that were in court were not part of the tendering committee that issued the tender back in 2012.
He claimed that the accused were being set up by unknown people and most of the counts that were before the court are identical in nature since some of the particulars are the same.
Tarus and his co accused have denied several graft charges including abuse of office, failing to follow the procurement laws, conspiracy to commit an economic crimes offence.
The case will be mentioned on August 8 for pre-trial.