DPP approves graft charges against Tanathi Water Works CEO over Ksh.292M tender

The Office of the Director of Public Prosecutions (ODPP) is set to charge Tanathi Water Works Development Agency Chief Executive Officer Fredrick Tito Mwamati and other senior officials over procurement irregularities totalling over Ksh.292 million.

In a statement on Saturday, the ODPP confirmed that there was sufficient evidence to warrant prosecution of the CEO and preferred nine charges against him and his alleged accomplices for engaging in procurement irregularities during the Financial Year 2020/21. 

According to the ODPP, investigations carried out by the Ethics and Anti-Corruption Commission (EACC) implicated Mwamati in the fraudulent award of a tender for the construction of Kananie Leather Industrial Park Water Supply Phase I and II amounting to Ksh.292,770,465.

The said tender was awarded to Perma Structural Engineering Company Ltd, which was a non-responsive bidder.

Others implicated in the scandal 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), and 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,) Perma Structural Engineering Limited, Antidote Agencies Limited,as well as Kyasi General Merchant were also found at fault.

The ODPP has hence preferred nine charges against the CEO and his alleged accomplices, including:

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.