BY SAM ALFAN.
Former deputy Auditor Stephen Ndung’u Kinuthia and eleven others were on Tuesday been charged over Sh 100 million irregular procurement software system.
Appearing before Milimani Anti-Corruption Chief Magistrate Douglas Ogoti Kinuthia ,Annette Mwangi , Patrick Shem Kamau Main a, Ephantus Kairu Kahwae , Sylvester Kiptoo Kiplagat , Charles Githinji Gichobi, Charles Karisa Mwaduna, Edward Mulewa Mwachinga , Osi Kenya Limited and Mars Technology Limited denied several economic crimes charges.
Prosecution alleges that between July 4,2012 and August 17,2017 being deputy Auditor general -corporate services, Manager information Technology audit, directors of OSI Kenya limited, the sales executive Oracle systems Kenya limited and directors of Mars Technology respectively , jointly conspired to fraudulent acquisition of public property namely a sum of Sh100,675,680.70 in regard to the tender for the supply and implementation of an audit vault software in the office of the Auditor general.
Former Auditor general Kinuthia is alone accused that on June 18, at the offices of the Auditor general in Nairobi county being the manager information technology audit to detriment of his principal knowingly gave a misleading document to the Auditor general to wit a memo dated June 18,2013 indicating that OSI Kenya Limited were the only accredited Oracle providers of an audit vault solution, an act that led to the irregular award of the contract for the supply , delivery and implementation of the audit vault software in the office of the Auditor general to OSI Kenya limited.
Further, he is accused on July 4,2012 and August 17,2014 at the office of Auditor general in Nairobi county, being deputy Auditor general-corporate services knowingly acquired an indirect private interest to the receipt of Sh 25,146,000.00 in respect of payment made to OSI Kenya limited in the contract for the supply and implementation of an audit vault software in the office of the Auditor general.
He is also charged with unlawful acquisition of an Audit vault software worth Sh 25,144,000
According to documents seen by Nairobi Timez filed in the High Court, the commission said that the former deputy AG’s memo of June 18,2013 stating OSI Kenya limited was the only accredited Oracle providers of an Audit vault solution to the office of Auditor general was false and misleading as there were several other accredited Oracle providers of audit vaults solution.
Among accredited firms are Oracle Gold, Platinum and Diamond Partners had a valid Oracle network with full membership with full use distribution agreement. Oracle also confirmed by 2013 they had partners among them Hidra Limited, Seven seas Tech, E.Momentum interactives system limited, Tech Net Limited, Verve K.O.G limited, Netronics Communication Limited, KPMG and Oslo Kenya among others.
Charles Githinji Gichobi and Value Teq Trading Limited are accused that on December 2,2013 being director of value Teq Trading limited and the company, unlawfully acquired Kshs. 10,682,750,00 from OSI Kenya Limited whilst knowing reason to believe it was public property that was acquired as a result of corrupt conduct.
Githinji is accused that between January 21,2014 in Nairobi county being sales executive with Oracle systems Kenya Limited unlawfully received Kshs.500,000 from OSI Kenya limited whilst he knew or had reason to Believe that the said monies acquired as a result of corrupt conduct.
Ndung’u, Mbugua, Desmond Kinuthia, Nelson Kinuthia,Florence Kinuthia, Jane Wangui Kinuthia, Nanazi Investment Limited, Kamira International Limited and Kenya Milk Farmers Investment company limited are accused between January 27,2014 and August 16,2016 in Nairobi County with intent to dispose of money unlawfully acquired , jointly engaged in an arrangement to conceal an amount of Kshs. 10,000,000.00 received from the office of the Auditor general whilst knowing or having reason to believe that the said monies were part of proceeds of crime.
The court will ruling on their bail application Wednesday.