Eight charged with graft over Sh62 million KPA tender

Former Kenya Ports Authority (KPA) Head of Procurement and Supplies Yobesh Oyaro and eight other people were on Wednesday charged with graft over the Sh62 million tender meant for disadvantaged group.

Others were KPA tender committee members who are facing five graft charges over the KPA Biennial contract for building works reserved for disadvantaged groups but was awarded to a firm associated with them.

Also charged were members of the evaluation committee David Angwenyi, Norah Mugambi and Athanase Wambari, Senior Clerical Officer at the Civil Engineering Department, Robert Bosuben, Azenath Mageto an agent of Chemiso East Africa, Rose Cherotich an account signatory of Chemiso East Africa and Idd Nanyang an agent of Chemiso East Africa.

State prosecutor Alex Gituma applied for summons on David Arika who did not appear in court for plea taking.

“One person David Arika needs to be added in the list of those who are to be charged. We are praying for summons to appear on February 7,” said Gituma.

The accused persons denied the charges before Chief Magistrate Alex Ithuku and were released on bail.

Bosuben, Cherotich, Nanyang and Mageto were released on Sh2 million bond with a surety of similar amount and an alternative cash bail of Sh500,000.

Oyaro, Angwenyi, Mugambi and Wambari were released on Sh1 million bond with a surety of a similar amount and an alternative cash bail of Sh100,000.

“The bond is not denied by the state and I have considered on the policy of bond. They have cooperated with the prosecution and were granted police bail and came to court. Graft cases are serious and sentences are heavy. Having considered all these, I set the bail terms as follows, 1st, 2nd, 3rd and 4th accused are released on Sh2 million with one surety with alternative cash bail of Sh500,000," said Chief Magistrate Ithuku

"The 5th, 6th, 7th, and 8th accused are admitted to Sh1 million bond with surety of similar amount and an alternative cash bail of Sh100,000,” he added.

Further the court issued summons on Arika who is expected to face the same graft charges.

It is alleged that between April 2014 and June 2, 2015 at KPA Mombasa county, Bosuben being a Senior Clerical Officer at the Civil Engineering department acquired a direct private interest in tender for Biennal contract for building works reserved for disadvantaged group for Sh62,732,772 which was awarded to Chemiso East Africa, a business entity associated with him.

Bosuben is also charged that within the same diverse dates in Mombasa he failed to disclose that he had a direct private interest and participated in the evaluation of tender for clearance of debris at Westmont area for Sh672,799, a tender which was awarded to Chemiso East Africa, a business entity associated with him.

Bosuben, Cherotich and Mageto were also charged that between January 2015 and June 11 2018 being Senior Clerical Officers at KPA and signatories at Chemiso East Africa respectively, they jointly and knowingly engaged in an arrangement in connection with Sh62,732,722 for a contract reserved for the disadvantaged groups by using Kenya Commercial Bank at Mombasa and Sotik to conceal the source of the said amount.

Bosuben and Nanyang were also charged with making a false disability card bearing the name of Esther Chepkoech Misoi purporting it to be a genuine card from the National Council of Persons with Disabilities between June 6 and July 24, 2014.

The case is set to be mentioned on February 7.