Former Kenya Power boss Ben Chumo has challenged a move by the DPP to introduce new charges against him just as the Sh408 million graft case is in its last stages.
Only one of the 34 witnesses is yet to testify. The hearing is scheduled for April 25.
In an application before the Milimani High Court, Chumo says it is unfair for the DPP to expose him to a trial where 33 out of 34 witnesses had testified over a period of three years and eight months but goes ahead to withdraw the charges against his co-accused.
The DPP on March 22 withdrew charges against Muwa Company and its directors James Njenga Mungai, his wife Grace Wanjira and son, John Anthony Mungai.
Chumo says no reason was given for the withdrawal of the charges against the three who are said to be suppliers of alleged substandard transformers.
"I believe the DPP made a decision to discharge the beneficiaries of an alleged conspiracy from criminal proceedings while sustaining charges against me, an alleged co-conspirator. His actions have violated my rights," he says.
Chumo argues that the decision to reformulate a new charge against him is unconstitutional and wants the same reversed.
He was appointed as the chief executive officer of Kenya Power in January 2014 for a period of three years. His term expired on January 7, 2017.
Chumo argues that prior to being appointed on January 7, 2014, he was not a member of the tender committee at KPLC nor was he involved in the tender process.
"I found KPLC involved in the implementation of a contract in respect to a tender for the supply and distribution of transformers. The award was then made on July 10, 2012, at a time when I was not the CEO at KPLC," he says.
One of the suppliers with whom KPLC had entered into a contract and who was involved in the implementation of the same was Muwa Trading Co. Limited.
In the course of the implementation of the said contract, it became apparent that some transformers imported by some of the suppliers were faulty and rejected.
This resulted in the cancellation of contracts for the supply of the transformers.
Kenya Powers regular management committee meeting that led to termination of the contract was attended by Kevin Sang, Waceke Mbugua, Annie Gatukui, Titus Kitavi, Joseph Mutisya, Charles Kirimi, Tanveer Panu, Dapo Olulusi, Caroline Bwana, Shivar Kumar and Patrick Agarwal.
Chumo was charged in court for wilful failure to comply with procurement procedures. However, he says he did not participate in the procurement process that resulted in the contract dated August 3, 2012 between Kenya Power and Muwa.
He says the team on the tender committee that undertook the procurement in respect to the supply of distribution transformers were not charged in court.
Edited by A.N
