Ksh.292M Kitui graft case collapses after DPP withdraws charges

The case, which targeted the CEO of Tanathi Water Works Development Agency, Fredrick Tito Mwamati, and several senior officials, was dropped following a controversial review of the evidence.

The withdrawal follows a heated legal battle between the Ethics and Anti-Corruption Commission (EACC) and the DPP at the Kitui Anti-Corruption Court.

Initially, the DPP approved the prosecution of Mwamati and others involved, citing ample evidence of procurement irregularities.

A press release dated June 29, 2024 ordered their immediate arrest and arraignment.

The accusations centred on fraudulent tendering for the Kananie Leather Industrial Park Water Supply project in the fiscal year 2020/2021.

The contract worth Ksh 292 million was awarded to Perma Structural Engineering Company Ltd, a non-responsive bidder, according to the EACC investigation.

Mwamati and his co-accused were charged with a variety of offences, including conspiracy to commit corruption, abuse of office, and fraudulent acquisition of public property.

In a surprising turn of events, the DPP granted Mwamati and his co-accused's request to review the evidence.

Following the review, the DPP determined that the evidence was insufficient to support prosecution and therefore decided to withdraw the charges.

This decision sparked immediate opposition from the EACC, which filed an affidavit in court, arguing that the case should proceed based on the compelling evidence discovered during the investigation.

In court papers seen by Citizen.Digital, the EACC emphasised that the DPP had already approved the charges after carefully reviewing the evidence and meeting the legal requirements.

According to the commission, no new information had emerged that would justify dropping the case, and the evidence on record remained solid. 

The EACC described the DPP's move as a betrayal of public trust and a disregard for public interest.

Despite the EACC's objections, the Kitui Anti-Corruption Court ruled in favour of the DPP on October 2, 2024, and the case was dropped.

The case against Mwamati and other Tanathi Water Works Development Agency officials was brought to light after the EACC investigated and discovered 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 the company being deemed non-responsive.

The DPP initially charged Mwamati and several senior officials with nine counts of corruption-related crimes, including conspiracy to commit corruption, abuse of office, and conflict of interest.

The charges stemmed from alleged violations of the Anti-Corruption and Economic Crimes Act and the Public Procurement and Asset Disposal Act.

Other individuals implicated in the scandal included Francis Kyalo Siva, General Manager of Infrastructure Development, and Dave Otieno Mwango, Manager of Construction and Residual Operations. Duncan Mulandi Mutambuki, Manager of Finance and Accounts; Dickson Mugambi Mungathia, Engineer, Department of Infrastructure Development; and Erick Muendo Ng'alu, Senior Engineer, Department of Construction and Residual Operations.

The directors of Perma Structural Engineering Company Ltd and Antidote Agencies Ltd were also charged alongside Mwamati.

Their charges ranged from conspiracy to commit economic crimes to fraudulent acquisition of public property.