Manduku granted bail, as court declines to stop DCI from probing him

High Court Judge Justice Eric Ogolla at a Mombasa High Court when he delivered a ruling on Kenya Port Authority Managing Director Daniel Manduku's application against his arrest. [Kelvin Karani, Standard]

The High Court in Mombasa has barred the Director of Criminal Investigation (DCI) from leaking or sharing information on its probe of Kenya Ports Authority (KPA) Managing Director Dr Daniel Manduku to the press.

The court granted Dr Manduku Sh500,000 bail in case police arrest him over graft investigations in Kisumu and Mombasa.

Justice Eric Ogola said adverse publicity and leaks about the investigation had prejudiced Manduku's reputation among the public.

“Arrest in Kenya has become a spectrum where top officials in government are being subjected to public prosecution which is painful for a person. It needs not be so. Any Kenyan should be arrested with dignity,” said Justice Ogola.

Manduku, however, failed in his bid to stop the DCI from proceeding with investigations against him and three other port manages over the tender for the good-shade yard in Makongeni, concrete barriers in Mombasa and upgrade of Kisumu port.

Justice Ogola also dismissed Manduku’s claim that DCI had done a mistake by venturing the investigation which is supposed to carry by Ethics and Anti-Corruption Commission EACC.

The judge said DCI has wide powers when it comes to investigating crimes committed by individuals and that was why there was nothing wrong for the investigators to probe Manduku and his staff on matters touching corruption in the port.

The court also cautioned the DCI against releasing inflammatory statements to the media that put Manduku in public courts where he is convicted.

Meanwhile, the Muteti yesterday applied to have Manduku’s lawyer Siaya Senator James Orengo struck off from the petition on grounds of conflict of interest.

Muteti said that that Orengo sits in the senate that is bestowed with the oversight role of public officials in parastatals.

He said that the Senate has an oversight role over the President and his deputy and have the power to impeach the two.

“In our humble submission, it would be absurd under article 73 of the constitution to allow state officers serving in the National Assembly or Senate to appear before the court of this country and defend persons accused of any crime,” said Muteti.

“Orengo finds himself where he is a watchman and the person we are accusing, he needs to tell us if he did what was expected of him,” said Muteti.

He said that Orengo is doubly conflicted and cannot stand in court to represent a person who the government has decided to indict and who Parliament has an oversight role over.

However, Orengo said that there was a bill established in Parliament to deal with the issue of conflict of interest.

He said that the DPP had brought similar application sin court but had been struck down by the courts and there was no evidence to show the conflict of evidence.

“Muteti has made several similar applications before the High Court and were all declined and they have not yet appealed,” said Orengo.

He said that the application by DPP was mischievous and abstract and there was need to have demystified in concrete terms and not a matter of appearance.

Justice Ogola directed that DPP to file a formal application seeking to strike senator Orengo from the petition.

DCI and Inspector General IG are investigating fraud of over Sh2.7 billion over claims of procurement related tenders at Kisumu port and Kenya Railway Makongeni yard where concrete slabs were constructed.

Thirteen companies were contracted by KPA to each construct 1380 barriers at a cost of Sh109, 305, 739 per each company.