BY SAM ALFAN.
Director of Public Prosecution has suffered a major blow after the trial court acquitted all accused persons in a case where five senior officials of Nairobi county assembly and a businessman were charged.
The five were charged with several counts of corruption in relation to a tender for supply of books worth close to Sh1 million.
Nairobi Assembly clerk Jacob Ngwele was charged alongside principal accountant Philomena Kavinya , (senior procurement officer James Kariuki, (senior finance and planning officer Fredrick Mwangi and Primara Ventures proprietor Raphael Maluki.
Trial Magistrate Martha Mutuku said that prosecution case was hitch on communication breakdown between the user department and procurement department and it was noted the books were delivered to the store instead of resource center.
” I find it does not amount to criminal culpability and hence all accused persons are hereby acquitted under section 210 of all charges charged,” ruled Mutuku.
Mutuku further said prosecution case is premised from a draft management report which was contradicted by the final report which key witness in the case confessed to having not seen before lodging a complaint
“I find that the key witness or person in charge of these investigation seem to have been influenced by malice and the whistleblower who is said to be Hon Kabiru who said the books were not available was not even called to give evidence,” said magistrate.
The magistrate investigating officer seem not to have a satisfactory understanding and appreciation of procurement laws and all the key witnesses from county assembly seem to have expunged the accused persons from any faults.
They were jointly charged with conspiracy to defraud Nairobi County Assembly.
It was alleged that between March 6 and July 5, 2017, with intent to defraud the Nairobi assembly, they flouted procedures in the procurement of books for their resource centre by irregularly paying Sh997,926 to Primara Ventures.
Muvengei was separately charged with two other counts of abuse of office and willful failure to comply with procedures and guidelines relating to management of public funds.
Awour, Kavinya, Mwangi and Kariuki were each charged with a count of abuse of office. Karuiki was charged with undue influence where it was alleged that on March 2017, he instructed Daisy Mueni of procurement to irregularly prepare quotations for four companies including Primara which was contrary to guidelines relating to public procurement.
The court also heard that on July 5, 2017, Mwinzi, being the proprietor of Primara Ventures, unlawfully acquired Sh997,926 as payment for supply of books for Nairobi county assembly resource centre.
They were out on bond 600,000 or an alternative bail of Sh300,000 to secure their freedom.
