SUSPENDED GEOTHERMAL DEVELOPMENT COMPANY BOSS AND EIGHT OTHERS CHARGED.

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Geothermal Development Company managing director Silas Masinde Simiyu, Nicholas Karume Weke, Abtaham Kipchirhir Saat, Peter Ayodo Omenda, Godwin Mwagae Mwanongo, Praxidis Namoni Mbayi, Caleb Indiatsi Mbayi, Bruno Mugambi Linyuru and Michael Maingi Mbevi before Anti-Corruption Court at Milimani law court.

BY SAM ALFAN.

Geothermal Development Company managing director Silas Masinde Simiyu other eight members of tender committee have been charged with abuse of office in awarding a Sh42.7 million tender.

He is charged alongside Mr Simiyu were Nicholas Karume Weke, Abtaham Kipchirhir Saat, Peter Ayodo Omenda, Godwin Mwagae Mwanongo, Praxidis Namoni Mbayi, Caleb Indiatsi Mbayi, Bruno Mugambi Linyuru and Michael Maingi Mbevi.

“On August 29 2012 at GDC headquarters at Taj Towers in Nairobi, being members of the GDC tender committee failed to comply with laws relating to procurement by confirming an award of Sh42,746,000 to Bonfide Clearing and Forwarding Ltd for rig move services,” read the charge sheet.

The second count was against Mr Saat, Mr Mwanogo, Mr Linyuri, Mr Simiyu and Mr Mbevi where they were alleged to have influenced the tender committee in evaluating the contract.

Mr Simiyu and Ms Saisi, who is the company secretary, faced separate additional charges of abuse of office and failing to ensure proper management of public funds.

The two were released on a cash bail of Sh8 million each while the rest were granted Sh5 million cash bail each.

Saisi was also charged with abusing the office of Company Secretary by “improperly conferring a benefit to Bonfide to with a contract in respect of rig move services at a price that was in excess of prevailing market prices.”

Simiyu was also charged with abuse of office and as accounting officer, for contravening the Public Finance Management Act “by failing to ensure that the resources of the company were used efficiently and economically.”

Having denied the charges, the accused applied to be released on reasonable terms which were set at a Sh8 million cash bail (for Simiyu and Saisi) and Sh5 million for the rest.

Lawyer Kioko Kilukumi acting for Simiyu opposed the terms set, describing them as prohibitive and tantamount to denying the accused bail “as is their constitutional right.”

Kilukumi had applied to have Simiyu released on a cash bail of Sh100, 000 which would have been equal to the amount paid by the accused in a police bond on Monday.

The defence teams argued that by setting such “unprecedented” terms, the court was in essence delivering judgement in a case that was yet to be heard by punishing their clients.

Chief Magistrate Kennedy Bidali was however adamant that the amounts set are in line with Judiciary’s bail and bond guidelines.

He advised the aggrieved parties to make an appeal in the higher courts or renew their application at a later date.

Kilukumi informed the court that they would indeed be taking up the first option saying the bail terms set, “smack of a conspiracy,” against his client and his co-accused.

NAIROBI TIMES confirms Geothermal Development Company managing director Silas Masinde Simiyu and other four accused will spend their night at Industrial prison after failing to pay their cash bail.

They were spotted leaving Milimani law court in a tax escorted by a police land cruiser as their lawyers rushed to file the application in the High court challenging the cash bail issued by Mr Bindari this morning..

 

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