Director of Public Prosecutions (DPP) Noordin Haji has ordered the arrest and prosecution of former Kenya Ports Authority (KPA) Managing Director Daniel Manduku over irregular procurement amounting to Ksh.244 million at the State corporation.
Manduku is set to be apprehended and charged alongside Juma Fadhili Chigulu, a Works Officer at KPA, who is said to have approved the irregular payments.
In a statement issued on Thursday, the DPP said investigations have established that Manduku authorised and approved the procurement of the manufacture of concrete barriers at the Inland Container Depot, Kilindini Port and Makongeni Goods shed without an approved budget and procurement plan for the 2018/2019 Financial Year.
The DPP further says that the contracts for the manufacture of the concrete barriers were awarded to 10 companies which were hand-picked by Manduku contrary to procurement regulations.
“There was no requisition made for concrete barriers by the user Department within the KPA as required under the Public Procurement and Asset Disposal Act, 2015(PP & AD Act, 2015) and the Regulations made thereunder,” says the DPP, adding that there was no prior planning before engaging in the project.
Investigators established that KPA made an overpayment of Ksh.244,837,908.59 to the contractors for works not completed.
“Accordingly, I am satisfied that there is sufficient evidence to support charges for various criminal offences against Daniel Ogwoka Manduku, former Managing Director, KPA and Juma Fadhili Chigulu, Works Officer, KPA,” said the DPP.
In a letter to Transport Cabinet Secretary James Macharia dated March 26, 2020, Manduku said he had come to the decision after deep introspection and lengthy consultations.
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