BY SAM ALFAN.
An Embakasi North constituency roads officer has told a Nairobi court that he inspected four roads being questioned in a Sh40 million graft case against MP James Mwangi Gakuya and Constituency Development Funds (CDF) officials.
Kenya Rural Roads Authority (KeRRA) Moses Onyango told trial Magistrate Elizabeth Juma that he supervised the construction and completion of four roads and expressed satisfaction.
The roads include Administration Police access road, DOs office access road, Maito Njeri, Cinema road, which he said were done as per required standards.
“l was very satisfied with the work. After the contractor was done with the works l prepared a completion certificate and forwarded the same to KeRRA regional manager,” said the Onyango.
Onyango produced a summary of statement which he said that is given after inspecting a road, to facilitate payment to the contractors.
While being cross-examined by lawyer Danstan Omari, Onyango confirmed to the court that Gakuya never signed any document.
“I never dealt with any document signed by MP Gakuya” said Onyango.
According to the witness, the construction of Cinema Road was done by Tresmu investment limited following an acceptance letter by the company dated March 30, 2015. He also produced a tax compliance certificate issued to Tresmu investment limited by KRA.
Gakuya and 13 others are facing four counts of conflict of interest after he allegedly awarded some companies linked to him the works totaling to Sh39 million.
The MP and the CDF officials are facing charges of fraudulent acquisition of public property, conflict of interest, conspiracy to defraud and willful failure to adhere to procurement and disposal laws.
The prosecution alleges that the MP awarded the contract for construction of Muoroto Road in Embakasi to Mabaks Enterprises.
The tender was allowed allegedly worth Sh 11.6 million yet the MP, who is the patron to the CDF knew that he has an indirect private interest to the company.
Other companies that allegedly benefited are Hunyu Bush Clearing & Nurseries and Tresmu Investments ltd, which got tenders for construction of DO’s Road and Cinema road in the constituency.
It is alleged that he committed the offences between Match 23, and September 5, 2015 at the Embakasi Constituency CDF offices.
The court also heard that Gakuya together with Patrick Waruingi, being the proprietors of Mabaks enterprises allegedly received a total of Sh19.6 million.
Gakuya is also charged alongside Waruingi and Salome Nduta Kamumui through Tresmu Investments are alleged to have fraudulently acquired a total of Sh12.5 million.
Leah Waithera Guchu, the Embakasi North CDF account manager denied six charges of failing to comply with laws relating to management of public funds.
Cleophas Omariba Oyaro, an acting City County Accountant also denied similar charges, for clearing the payments to the companies.
