A high-profile corruption case involving Ksh 292 million in procurement fraud related to a major water project in Kitui County has been dismissed after the Director of Public Prosecutions (DPP) dropped the charges. The case, which had implicated Fredrick Tito Mwamati, CEO of Tanathi Water Works Development Agency, and several senior officials, was halted following a contentious review of the evidence.
The case withdrawal comes after a fierce legal dispute between the Ethics and Anti-Corruption Commission (EACC) and the DPP at the Kitui Anti-Corruption Court. Initially, the DPP had sanctioned the prosecution of Mwamati and others, stating that there was sufficient evidence of procurement misconduct. A press release dated June 29, 2024, ordered their immediate arrest and arraignment.
The charges stemmed from allegations of fraudulent tendering for the Kananie Leather Industrial Park Water Supply project during the 2020/2021 fiscal year. The contract, worth Ksh 292 million, was awarded to Perma Structural Engineering Company Ltd, a bidder deemed non-responsive by the EACC’s investigation. Mwamati and his co-accused were charged with various offenses, including conspiracy to commit corruption, abuse of office, and fraudulent acquisition of public property.
In a surprising twist, the DPP granted a request from Mwamati and his co-accused for a review of the evidence. After the review, the DPP concluded that the evidence was insufficient to support the prosecution and opted to withdraw the charges.
This decision immediately faced pushback from the EACC, which filed an affidavit in court arguing that the case should move forward based on the compelling evidence uncovered during the investigation. Court documents reviewed by *Citizen Digital* revealed that the EACC maintained that the DPP had already approved the charges after a thorough review of the evidence and legal requirements. According to the commission, no new information had surfaced to justify the withdrawal, and the existing evidence remained robust.
The EACC criticized the DPP’s decision as a betrayal of public trust and a blatant disregard for the public interest. Despite the EACC’s objections, the Kitui Anti-Corruption Court ruled in favor of the DPP on October 2, 2024, leading to the dismissal of the case.
The charges against Mwamati and other officials from the Tanathi Water Works Development Agency came to light following an EACC investigation that uncovered significant procurement irregularities. The tender for the construction of the Kananie Leather Industrial Park Water Supply project was awarded to Perma Structural Engineering Company Ltd, despite it being labeled as a non-responsive bidder.
Initially, the DPP charged Mwamati and several senior officials with nine counts of corruption-related offenses, including conspiracy to commit corruption, abuse of office, and conflict of interest. These charges arose from alleged violations of the Anti-Corruption and Economic Crimes Act, as well as the Public Procurement and Asset Disposal Act.
Others implicated in the scandal included Francis Kyalo Siva, General Manager of Infrastructure Development; Dave Otieno Mwango, Manager of Construction and Residual Operations; Duncan Mulandi Mutambuki, Manager of Finance and Accounts; Dickson Mugambi Mungathia, Engineer in the Department of Infrastructure Development; and Erick Muendo Ng’alu, Senior Engineer in the Department of Construction and Residual Operations.
Additionally, the directors of Perma Structural Engineering Company Ltd and Antidote Agencies Ltd faced charges alongside Mwamati, with accusations ranging from conspiracy to commit economic crimes to fraudulent acquisition of public property.
