Ex-maritime agency boss, seven others charged with graft

Former Kenya Maritime Authority acting director general Cosmas Cherop and seven other suspects have been charged with violating public procurement law. 

The suspects, some of whom are employees of the Kenya Maritime Authority, appeared before Mombasa Chief Magistrate Edna Nyaloti on Tuesday where they denied the charges.

They were released on bond depending on “the responsibility each bore” during the tendering process.

Mr Cherop and former procurement manager Edwin Momanyi were each released on a cash bail of Sh6 million or an alternative bond of Sh20 million with surety.

The other suspects were released on bond terms ranging between Sh1 million and Sh10 million with sureties or cash bails of between Sh500,000 and Sh5 million.

According to the prosecution, Mr Cherop willfully failed to comply with Section 44 (2) (G) of the Public Procurement and Asset Disposal Act by failing to ensure that procurement procedures were followed, by approving award of tender for construction, electrical and plumbing works at adjusted sums.

Mr Momanyi was accused of preparing a professional opinion regarding the tender for the construction of the office block recommending the award of the tender to Epco Builders Ltd at an adjusted tender sum of Sh1.8 billion.

He was also accused of preparing a professional opinion regarding electrical and plumbing works tenders recommending that they be awarded to Master Power Systems and Plumbing Systems Ltd at an adjusted sum of Sh224.2 million and Sh79.8 million respectively.

Mr Cherop and Mr Momanyi are accused of committing the offences on January 11 and May 19, 2017 at the Kenya Maritime Authority offices in Mombasa.

Mr Seth Oluoch Arende, Bakari Omar Mwakuyu and Juma Ahmed Ali, whom the court heard were members of the tender evaluation committee, were charged with adjusting tender sums on the bid documents for Epco Builders Ltd, Prabat Siyani Construction and China Zhongxing Construction Company.

Mr Arende, Mr Mwakuyu and Mr Ali were also accused of declaring Epco Builders Ltd as a responsive bidder while it did not meet the requirements of clause 3.3 of instruction to bidders.

Other suspects, Ms Jemimah Musinga and Mr Francis Okello, were accused of adjusting the tender sums on the bid documents for Master Power Systems Ltd, Mehta Electrical Ltd and Tudor Engineering Ltd in relation to the tender for electrical works.

They were also accused of adjusting the tender sums on the bid documents for Plumbing Systems Ltd, Anthopi Mechanical Engineering Services and Volcanic Plumbing Works Ltd in relation to the tender for plumbing.

Mr Peter Kimani, Jared Biwott and Denis Ngenoh, whom the court heard were sourced by KMA as experts and attendees of the evaluation committee, for the tender in relation to electrical works, allegedly adjusted the tender sums on the bid documents for Master Power Systems Ltd, Mehta Electrical Ltd and Tudor Engineering Ltd

The magistrate issued summons to Mr Joel Kiprono and Mr Robinson Mwangi to attend court to plead to the charges because they were absent on Wednesday.

The case has been fixed for mention on June 24.