Top Kenya Power and Lighting Company managers spent yet another night in police cells after they were charged with economic crimes and loss of public funds.
Managing Director Dr Ken Tarus, his predecessor Dr Ben Chumo and eight other senior managers denied charges of impropriety in acquisition of faulty transformers and irregular award of contracts.
Also charged was company secretary Beatrice Meso over the supply of substandard transformers through a company known as Muwa Trading Company Limited.
Others were former and current KPLC directors K.P. Mungai, Joshua Mutua Abubakar Swaleh, Samuel Ndirangu, Stanley Mutwiri, Benson Muriithi, Peter Mwicigi and John Ombui.
Dressed in a black suit, white shirt and black tie, Chumo looked composed most of the time as his lawyers battled to have him freed on bail. At one point he smiled as the cameras clicked away in the packed court room.
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The accused, who were arrested by investigators over the weekend, faced 10 counts including conspiracy to commit an economic crime, abuse of office and willful failure to comply with the law.
They were also charged with aiding the commission of a felony, conspiracy to defeat justice and fraudulent acquisition of public property.
The offences, the prosecution said, were committed between August 3, 2012, and June 2018 at KPLC offices.
The charge sheet stated that Tarus, Chumo and the directors abused their offices by facilitating the directors of Muwa Limited to fraudulently acquire public property worth more than Sh200 million for the supply of substandard transformers.
The court heard that being public officers employed by Kenya Power whose functions concern the management of public property, the accused willfully failed to comply with procedures and guidelines relating to procurement.
They were accused of failing to inspect and test the supplied transformers.
Muwa Limited directors James Njenga Mungai, his wife Grace Wanjira and son, John Anthony Mungai, were accused of fraudulently obtaining Sh201,488,000 from KPLC for payment of the second-rate transformers.
The prosecution said they knew very well that the company was not in a position to supply the transformers.
In a separate file, Tarus faced a
count
of conspiracy to commit a felony in relation to procurement of labour and transport services at KPLC.
In this case, he was charged alongside KPLC engineers Daniel Tare, Evelyne Amondi, Noah Omondi, Daniel Muga and John Njehia.
The prosecution said the offence was committed
on different dates between April 12, 2017, and June 12, 2018.
Similarly, they faced a count of conspiring to commit an economic crime by carelessly failing to comply with procedures and guidelines on procurement, which led to fraudulent payments of Sh159,195,365 to companies without following due process for labour and transport services.
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A battalion of more than 20 lawyers representing the suspects put up a spirited fight in to have them released on bail. However, they were remanded till today when the court will give directions.
Lawyer Tom Ojienda, acting for Chumo, told the court that bail is a constitutional right and that they should be freed pending trial.
“No material has been placed in this court
to show that any of the accused persons is
a flight risk. What the prosecution are giving are general statements,” Ojienda argued.
The defence
lawyers accused the state of violating the accused persons’ rights and protested the manner in which they were arrested on Friday night — which they argued was to ensure they spend more days in remand.
However, the prosecution through investigating officer Walter Oginga argued that they should be denied bail because they will interfere with witnesses.
The prosecution told chief magistrate Douglas Ogoti to consider the fact that all of them are influential people in society and the chances of their accessing files at the KPLC offices are high.
The prosecution also applied for warrants of arrest against Wanjira and her son who are said to be in the UK.
The case resumes today.
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