DPP Noordin Haji has ordered that Kenya Ports Authority finance manager Patrick Nyoike be charged with graft over Sh214.5 million worth of payments made to a company in which his wife is a manager and brother a director.
In a memo dated May 10, Haji said the payments were made to Nayli Capital Ltd (NCL).
He said investigations revealed Nyoike used his office to facilitate the inclusion of NCL as one of KPA's suppliers in the vendor portal.
"Patrick Wambugu Nyoike facilitated Nyali Capital Limited's micro finance business, to finance the KPA suppliers, Local Purchase Orders (LPOs) and Local Service Orders (LSOs) and thereafter utilized the KPA system to have the principal and the interest from the said suppliers remitted to Nyali Capital Limited's account by the KPA," the memo reads.
"It is therefore, clear from the evidence that Patrick Wambugu Nyoike abused his office by facilitating Nyali Capital Limited to finance the KPA suppliers and to receive payments directly from KPA."
Haji further said evidence showed there was no contractual relationship between KPA and Nyali Capital Limited save for letters of undertaking signed by KPA officers guaranteeing that KPA would subtract and remit funds to the account of Nyali Capital Limited from the vendors financed by the said company.
"This fact was known by Isaac Obunga, an employee of the KPA, who nevertheless irregularly defined Nyali Capital Limited as a vendor in the KPA vendor portal," the memo reads.
Consequently, Haji has recommended the charging of Nyoike, his wife Jacinta Wambugu, his brother Alfred Hinga, Isaac Obunga (clerical officer, KPA), Peter Kinyanjui (director, NCL)and Nyali Capital Limited.
Last month, former KPA boss Daniel Manduku was acquitted of graft after Haji declined to approve the charges against them.
He was accused of unlawfully awarding tenders for the construction of cargo storage facilities at the Nairobi Inland Container Depot (ICD).
Manduku resigned last month.
