Ex-Kenya National Trading Corporation MD charged with procurement irregularities 

Former Kenya National Trading Corporation Managing Director Pamela Nduku Mutua has been charged with procurement irregularities for failure to report the award of tenders to the Public Procurement and Regulatory Authority in 2022 in relation to the multi-billion edible oils scandal.

She is facing a total of five counts including four where she is accused of deliberately failing to report to the Public Procurement Regulatory Authority (PPRA) after issuance of the notification of award of the tenders to four firms.

"On December 5, 2022, within the Republic of Kenya, being the MD and the accounting officer of the KNTC, you willfully failed to comply with the law relating to the procurement, to wit by failing to report to the PPRA after issuance of notification of award to Purma Holdings Limited," the charge sheet reads.

However, no money was lost in the process but the two are accused of wilful failure to comply with the procurement regulations.

In the three other charges, Mutua is accused of committing similar offences by failing to report to PPRA after the award of tenders to three other companies- Multi Commerce FZC, Standard Petroleum LLC and Makram Imports and Exports which she is accused of committing on the same date.

The suspect is also accused of failing to comply with section 104 (c) of the Public Procurement and Asset Disposal Act (PPAD) of 2015 by failing to obtain the requisite approval before the commencement of procurement of bulk commodities. She is accused of committing the offence on November 8, 2022.

Mutua is charged alongside the KNTC former Supply chain and logistics manager Amos Sikuku who is facing a charge of abuse of office in contravention of section 101 as read with section 102 (a) of the Penal Code.

"On November 16, 2022, within the Republic of Kenya, being the Supply Chain manager of KNTC you arbitrarily issued a professional opinion in a tender of bulk commodities that was prejudicial to the interests and rights of the republic," reads the charge against Sikuku.

The suspects denied the charges before Milimani Anti-Corruption Chief Magistrate Thomas Nzioki and pleaded for lenient cash bail through their advocate.

They told Nzioka to take notice that there is no charge of conferment of any payments or fraudulent acquisition of public property in the charges and no public money was lost.

The lawyer protested that media had reported that the two were to face charges over millions yet the charge sheet in court did not mention any amounts of money, pleading with Nzioka to caution the media to remain factual in reportage of the matter.

Mutua was released on a bond of Sh5 million and an alternative cash bail of Sh1.5 million. Sikuku was released on a bond of Sh1 million and an alternative cash bail of Sh500, 000.

Mutua left KNTC in January after the state agency advertised her position alongside four others after they were declared vacant by the corporation’s board.