ACCUSES DCI OF OVERSTEPPING MANDATE

Manduku anticipatory bail case to be heard Monday

KPA boss has been under investigations over procurement irregularities.

In Summary

• He wants orders stopping his arrest and prosecution by the Director of Criminal Investigations and the Director of Public Prosecutions.

• He also wants the court to suspend any orders that will be issued against him. 

KPA managing director Daniel Manduku.
KPA managing director Daniel Manduku.
Image: FILE

An application for anticipatory bail by Kenya Ports Authority MD Daniel Manduku has been certified urgent by a Mombasa court.

Manduku has been under investigations over procurement irregularities. He wants orders stopping his arrest and prosecution by the Director of Criminal Investigations and the Director of Public Prosecutions.

He also wants the court to suspend any orders that will be issued against him. Also sought is an order enjoining the DPP and the DCI from issuing any statements to the media in relation to the investigation.

Judge Erick Ogolla directed that the case be heard on December 2 after all parties are served with the petition.

Manduku spent the better part of Wednesday at the DCI headquarters where he was grilled over the allegations. In the court documents, he dismisses the investigations as illegal and unfactual.

He said the office of the DCI has overstepped its mandate by investigating matters that should be investigated by the Ethics and Anti-Corruption Commission. The KPA boss said the allegations fall under economic crimes, whose investigation, he adds, should be a preserve of the EACC.

He said the outcome of the investigations could not be trusted. Through lawyer James Orengo, Manduku said he cannot perform his duties because of interference by the investigators, whom he accused of being one-sided.

Manduku said the investigators failed to acknowledge that the works linked to corrupt dealings were initiated by the government and KPA's mandate was only to implement its recommendation. He said the planning, budgeting and implementation of Makongeni goods shed, Kisumu port and manufacture of a concrete barrier was done by a joint committee consisting of different government agencies.

The DCI should have taken note of the fact that the Kisumu port was certified urgent and its work was done after an executive order directing it be completed within six months. Court documents say the DCI failed to consider a report by the Department of Public Works that concluded that the works were done in accordance with specified bills of quantities and met the estimated value.