The Ethics and Anti-Corruption Commission (EACC) has found itself at odds with the Director of Public Prosecutions (DPP) once again after the DPP withdrew charges amounting to Sh292 million against Fredrick Mwamati, the Chief Executive Officer of the Tanathi Water Works Development Agency, along with his Executive Management Team. This case, which was before the Kitui Anti-Corruption Court, revolved around allegations of irregularities in the procurement process for the construction of the Kinanie Leather Industrial Park Water Supply Project Phase II & III.
On October 2, 2024, a ruling was delivered that allowed the DPP to abandon the prosecution, resulting in the discharge of all accused individuals. The DPP’s request to withdraw the case was strongly contested by the EACC, which submitted an affidavit in court labeling the move as a complete disregard for public interest and an abuse of the court process made in bad faith.
In court, the DPP explained that after granting consent for the EACC to prosecute the suspects, he received a request from the accused to review the evidence. Upon review, the DPP concluded that the evidence was insufficient to proceed with the case. He stated that there was no loss of public funds, as the contractor was still executing the project, which was 91% complete, and no payments had been made under the contract. Consequently, he sought to withdraw the charges.
This shift by the DPP marks a significant turnaround from his earlier stance, which included a press release on June 29, 2024, that called for the immediate arrest and arraignment of Mwamati and his senior officers based on EACC’s findings.
In response, the EACC’s affidavit insisted that the DPP lacked a valid basis for withdrawing the case, arguing that no new evidence had emerged to clear the suspects since the initial consent to prosecute was given. They maintained that substantial evidence indicated that the procurement process was fraught with irregularities and that senior officials had received large kickbacks as part of the scam.
However, Chief Magistrate David Mburu sided with the DPP’s reasoning in his ruling, asserting that the justification for the withdrawal was appropriate. “After due consideration of all the arguments advanced in this matter, the court is satisfied that the DPP has presented proper justification for the decision to withdraw the case,” Mburu stated. He acknowledged that the court could not make conclusive findings on factual matters at this stage and affirmed that the DPP had exercised his powers with due regard for public interest and the administration of justice, ultimately setting the accused free.
