Key witness in Herman Manyora trial admits he has no evidence linking accused to tender

Gilbert Nyamweha made the admission while being cross-examined before Senior Principal Magistrate Peter Mutai.

Responding to questions from the defence, Nyamweha acknowledged that he could not point to any action by Manyora that affected the procurement process, adding that the tender was awarded through the hospital's established procedures.

The witness also confirmed that the project was awarded on merit after undergoing the required preliminary, technical and financial evaluations before receiving approval through the relevant committees and the hospital's board.

Nyamweha told the court he was not a member of the procurement evaluation committees but served as secretariat to the Infrastructure Projects Management Committee, which Manyora chaired at the time

He further testified that no participant in the procurement process declared a conflict of interest as required under the hospital's procedures.

The witness said the matter came to his attention after receiving a complaint from Josephine Luceno, who alleged she had been asked to part with money in connection with the hospital's radiology extension project despite her company, Talon Africa Limited, having successfully secured the tender.

According to Nyamweha, Luceno submitted documents including bank details, screenshots of alleged conversations, M-Pesa transaction records and company documents to support her complaint.

He told the court that he later sought an explanation from Manyora but received no response before referring the matter to the Directorate of Criminal Investigations through a formal complaint.

However, under cross-examination, Nyamweha admitted that the internal memo he said he sent to Manyora had not been produced before the court as an exhibit.

He also confirmed that although the hospital conducted a preliminary internal review of the complaint, no formal investigative report was prepared.

Earlier, Magistrate Mutai dismissed an application by the prosecution seeking to bar media coverage of the proceedings, ruling that a witness's discomfort was not sufficient justification to exclude the press from an open court hearing.

Manyora is charged with cheating contrary to Section 315 of the Penal Code. The prosecution alleges he fraudulently obtained Sh516,000 in connection with the Nairobi Hospital tender. He has denied the charges, and the hearing continues.