• Court told there were no files both for the court and the prosecution that had been registered in their names. Can't be accused without a charge sheet.
• Prosecutor said he was not aware of the case, only saying there were instructions from the DPP to release the duo on police bail.
Image: EZEKIEL AMING'A
KPA Managing Director Daniel Manduku walk out of court a free man on Tuesday because nobody could find he charge sheet.
Manduku and KRA Commissioner Kevin Safari were set free after it was established that there was no charge sheet registered in their names.
In a bizarre twist, the court was told that there were no files both for the court and the prosecution that had been registered in their names.
When asked by senior principal magistrate Kennedy Cheruiyot, the prosecutor said he was not aware of the case, only saying there were instructions from the DPP to release the duo on police bail.
Cheruiyot ordered the prosecution to consult and adjourned the matter for five minutes. When the court resumed, DCI detective in charge of the case Gituathi Njoroge insisted that he has the charge sheet and said he "does not know why it had not been registered".
Njoroge said they had taken the file to the prosecution office and expected the case to be filed.
Manduku and Safari were represented by a battery of lawyers who were dismayed at the turn of events.
Nelson Havi — for Manduku — told the court that his client was arrested on Monday even though there was a court order from a Mombasa court blocking his arrest.
He said they have been held in seclusion
Image: FILE
since they were arrested and none of their family members or lawyers could access them even though Manduku paid Sh500,000 conservatory bail.
“If the DPP and the DCI are not ready we will not interfere but give them time to put their house in order,” he said.
Havi said the police were taking them in circles and asked the court to intervene.
Therefore, Cheruiyot said it was not fair to continue holhding Manduku and Safari because they are cannot be accused persons without a charge sheet.
State Counsel Joseph Riungu said he was shocked that the case was before the court even though there is a letter directing the DCI to release them on bail.
Riungu further claimed that he was surprised at the turn of events telling the court that the letter to the police was to allow the DPP to review the file.
Manduku and Safari were expected to the charged with several counts related to fraud at the Kenya Ports Authority. Manduku was to face charges related to the Inland Container Depot in Nairobi.
He is accused of unlawfully recommending the gazettement of Nairobi Inland Cargo Terminal as KPA's peripheral facility, yet the firm did not tender. His action to endorse NICT led seven bidders to be unfairly kicked out of a tender for the provision of container warehouse services for KPA in Nairobi.
Manduku is also accused of colluding with Safari to defeat justice by causing the payment of Sh3.1 million for KPA's peripheral facility licence for Michell Cotts Freight Kenya Ltd.
The MD is also accused of neglecting his duty as KPA chief accounting officer by failing to ensure due process was followed during the appointment and gazettement of NICT.
Safari faces a separate charge of willfully neglecting his duties by failing to adhere to regulations governing the appointment of a facility as a KPA peripheral storage facility.
The KRA official is said to have illegally gazetted Mitchell Cotts as KPA's peripheral storage facility, despite the warehouse failing to meet requirements with respect to separate entry and exit areas.
Edited by R.Wamochie