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Nine officials in Sh62 million KPA fraud case plead not guilty

The nine suspects in the Sh62 KPA tender fraud case at the Mombasa Law Courts on January 24, 2024. (Photo: Khadija Abdi)

By Farhiya Hussein | 24 Jan 2024

The tender in question is said to have been awarded to a company belonging to an employee in 2016.

Nine officials arrested over a Sh62 million tender fraud case at the Kenya Ports Authority (KPA) denied the charges in court on Wednesday.

The nine -Yobesh Oyaro, David Angwenyi, Norah Mugambi, Athanase Wambari, Robert Bosuben, David Arika, Azenath Kwamboka Mageto, Rose Cherotich and Idd Arube Nanyang - were arraigned faced Mombasa Chief Magistrate Alex Ithuku.

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Four suspects - Bosuben, Cherotich, Nanyang and Oyaro - were granted Sh2 million bond or Sh500,000 cash bail each, while the others were granted Sh1 million bond or Sh100,000 in cash bail. Ithuku said that Arika, who is retired, is required to appear in court.

The nine were arrested by detectives of the Ethics and Anti-Corruption Commission (EACC) in Mombasa on Wednesday morning.

It is said that the tender in question was awarded in 2016 to a company belonging to an employee, which did not supply anything.

"Investigations established that the suspects executed a fraudulent scheme to embezzle public funds through a tender awarded to a company linked to them. They will be charged with conflict of interest, fraudulent acquisition of public property and forgery of the documents used in the scam," EACC said on the X platform.

The accused are facing charges including fraudulent acquisition of public property, contrary to Section 45(1) (a) as read with section 48 of the Anti-corruption and Economic Crimes Act, 2003; conflict of interest, contrary to Section 42 (3) as read with section 48 of Anti-Corruption and Economic Crimes Act No. 3 of 2003; and money laundering, contrary to Section 3(a)(i) as read with Section 16 of the proceeds of crime and Anti-Money Laundering Act, No.9 of 2009.

Others are obtaining a contract from the public institution by false pretences, contrary to Section 313 of the Penal Code; forgery, contrary to Section 348 as read together with Section 349 of the Penal Code; and uttering false documents, contrary to Section 353 of the Penal Code.

They are said to have carried out the offences between 2014 and 2018.