Mombasa court slaps Ex-KMA boss linked to Sh1.8 b tender scam with Sh20m bond

The former Kenya Maritime Authority Director General Cosmas Kiplangat Cherop was on Wednesday slapped with a bond of Sh20 million after denying accusations of illegally inflating construction cost of the organization's building to Sh1.8 billion.

Cherop denied the charges before Mombasa Chief Magistrate Edna Nyaloti that on January 11, 2017, at Kenya Maritime Authority being a person employed as Acting Director-General of KMA he failed to ensure that procurement procedures in respect of the Tender award number KMA/RFP/001/office block 2016/17 was not adjusted by the tender committee.

The magistrate ordered the accused to be released on Sh 20 million. He was the accounting officer who had the overall responsibility Kenya Maritime Authority during his tenure as the acting boss.

She released Cherop on Sh 20 million or a cash bail of Sh 6 million to send a signal that those having higher responsibility in any organization should feel the highest pinch in graft cases.

 “Having listened to the counsels and prosecution, the offences are of the low and high level of responsibility and that is why I am giving variant bond term in regards to the level of decision in the organization” said Nyaloti.

The magistrate released the accused on bond after Senior Assistant Director of Public Prosecution Alloys Kemo did not oppose their release.

Kemo had no objection after lawyers Nelson Stonik and Migos Ogomba applied to have Engineer Jared Biwott and Engineer Dennis Ngenoh released on bond as they were not flight risks.

“The prosecution has not brought any evidence that the accused are a flight risk. The accused have been obeying summons issued by the investigators and I am confident they will come to court for the hearing” said Stonik.

Also charged was the procurement manager Edwin Mongare Momanyi who equally was released on sh 20 million with a similar surety or alternative of cash bail of Sh 6 million.

Mongare was accused of giving an opinion which led to the adjustment of the tender figure to Sh 1,825,239,939 illegally.

The consultant's Peter Kimani Kinyanjui, and Engineer Jared Bowot and Engineer Denis Kipkorir Ngenoh were released on a bond of Sh10 million each with a similar surety or cash bail of Sh5 million.

They denied that on January 1 2017 in Mombasa being persons who were sourced by Kenya Maritime Authority as experts failed to advise the evaluation committee against adjusting the tender price for the construction of the building.

The other accused in the alleged scam are Seth Oluoch Arende and Bakari Omar Mwakuyu, Juma Ahmed Ali, Jemima Mkaluma Musinga and Francis Okello Oluoch were each released on a bond sh 1million with a similar surety or cash bail of Sh 500,000.

The five who are members of the evaluation committee in the organisation are charged with failing to comply with procurement laws in regards to tender documents of Master Power System Company, Mehta Electrical Company, and Tudor Engineering.

While issuing varied bond terms, Nyaloti said that each accused was given bond according to the decision and responsibility in regards to the tendering process.

The magistrate issued a summons for Joel Kiprono and Robinson Mwangi Kariguh to come court on June 24 when they will plead to the offences.

Nyaloti ordered the two to come to court after the prosecutor applied for their summons as they had not been arrested as had been directed by Director of Public Prosecution Noordin Haji.

Momanyi denied that on January 11 2017 is a person employed by KMA he prepared an opinion that led to the adjustment of figures of the tender to read Sh 1,825,239,939 which was not the initial sum of the cost.

The accused were arrested on Tuesday but were released on a police bond of Sh 100,000  at Central Police station before they appeared for plea in the court on Wednesday.