The Office of the Director of Public Prosecutions (ODPP) will charge Fredrick Tito Mwamati, CEO of Tanathi Water Works Development Agency, and other senior officials over procurement irregularities amounting to over Ksh.292 million. On Saturday, the ODPP confirmed that sufficient evidence warrants the prosecution of the CEO and his associates, with nine charges filed against them for procurement misconduct during the 2020/21 Financial Year.
The Ethics and Anti-Corruption Commission (EACC) investigations revealed that Mwamati was involved in the fraudulent awarding of a tender for the construction of Kananie Leather Industrial Park Water Supply Phase I and II, worth Ksh.292,770,465. This tender was improperly awarded to Perma Structural Engineering Company Ltd, a non-responsive bidder.
The implicated individuals include:
– Francis Kyalo Siva (General Manager, Infrastructure Development)
– Dave Otieno Mwango (Manager, Construction and Residual Operations)
– Duncan Mulandi Mutambuki (Manager, Finance and Accounts)
– Dickson Mugambi Mungathia (Engineer in the Department of Infrastructure Development)
– Erick Muendo Ng’alu (Senior Engineer in the Department of Construction and Residual Operations)
– Peter Muange Kimuyu (Director of Perma Structural Engineering Company Limited)
– Joseph Mutua Muange (Director of Antidote Agencies Limited)
– Willy Kimuyu Muange (Director of Perma Structural Engineering Limited)
– Companies: Perma Structural Engineering Limited, Antidote Agencies Limited, and Kyasi General Merchant
The ODPP has laid nine charges against Mwamati and his accomplices, involving procurement irregularities and fraudulent activities.
1.Conspiracy to commit an offence of corruption contrary to Section 47A (3) as read with Section 48 of the Anti-Corruption and Economic Crimes Act (ACECA).
2. Abuse of office contrary to Section 46 as read with Section 48 of ACECA.
3. Wilful failure to comply with the law relating to procurement contrary to Section 48 of the Anti-corruption and Economic crimes act no.3 of 2003
4. Conflict of Interest contrary to Section 42(3) as read with Section 48 of the Anti-Corruption and Economic Crimes Act 2003.
5. Unlawful Acquisition of Public Property contrary to Section 45(1)(a) as read with Section 48(1) of the Anti-Corruption and Economic Crimes Act
6. Deceiving Principal contrary to Section 41(1) as read with Section 48 of the Anti-Corruption and Economic Crimes Act No.3 Of 2003.
7. Fraudulent practice in a procurement proceeding contrary to Section 66(1) as read with Section 177 of the Public Procurement and Asset Disposal Act.
8. Fraudulent Acquisition of Public property contrary to Section 48(1) of the Anti-corruption and Economic Crimes Act.
9. Attempt to commit an offence involving Economic crime contrary to Section 48 of the Anticorruption and Economic Crimes Act.
