DPP Noordin Haji has ordered the arrest of several Nyandarua county officials over a fraudulent Sh50 million water and sewerage tender.
The officials are accused of flouting procurement laws and regulations in awarding the tender in 2014.
Among them is
former Governor Daniel Waithaka, Water executive Grace Wanjiru as well as county officers
Kihiu Gichinga, John Ngigi and Jesse Wachira.
Others are
Tashal Consulting Engineers Limited, Chen Yochanan and Albert Attias.
A statement posted on the ODPP's Twitter account on Wednesday night stated that the EACC established that the county unlawfully engaged M/S Tahal
Consulting Engineers Limited in the development of a county water master plan.
The company was also to design and review the Ol Kalou Town Sewerage System, Haji said, adding it was illegally paid a total of Sh50,470,513.
The ODPP noted that Tahal was engaged on February 2, 2016 yet the contract was entered into two years earlier, on April 30, 2014.
"At the time of the signing of the contract, Tahal was not a legal entity," Haji said.
He added: "Nyandarua did not have a procurement plan or funds for the project for financial year 2013/14."
The company was paid in two installments - one of Sh23,895,513 on July 2, 2014, and another of Sh26,575,000 on September 4, 2015.
The Director of Public Prosecution further pointed out that the county did not seek the approval of the Private Public Partnership Committee before signing the contract.
"The contract was signed and witnessed by members who were neither directors nor shareholders of the company," he said, adding the payments were not authorised and that documents concerning them were written long after the company was paid.
Waithaka will face charges of abuse of office, willful failure to comply with procurement laws and engaging in a project without prior planning as dictated by the Anti-Corruption and Economic Crimes Act.
Wanjiru will also be charged with willful failure to comply with procurement laws and engaging in a project without prior planning.
Gichinga, Ngigi and Wachira will be prosecuted for willful failure to comply with laws on funds management while Tahal, Yochanan and Attias will be charged with fraudulent acquisition of property.
"I am satisfied that there is sufficient evidence to charge [the accused]," Haji said.
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