Activist sues KPA boss over Sh31b tender to Japanese firm

Kenya Ports Authority Managing Director William Ruto addresses a past press briefing. [File, Standard]

An activist has filed a petition at the High Court in Mombasa seeking the ouster of Kenya Ports Authority Managing Director William Ruto over irregularities in a Sh31 billion tender.

Francis Awino, the president of the Bunge la Mwananchi lobby, claims investigations by civic actors revealed that the tender was tainted by collusion, abuse of discretion, concealment of procurement details, and the undue exclusion of local expertise and oversight, violating both constitutional and statutory principles.

He has named the MD as the respondent in the case. The Ethics and Anti-Corruption Commission (EACC), the Directorate of Criminal Investigations, the Director of Public Prosecutions, the Auditor General, and Public Procurement Regulatory Authority, and the National Treasury have been named as interested parties.

Awino, as per the suit, claims that in the year 2024, under the stewardship of Ruto, KPA awarded a Sh31.2 billion contract to TOA Corporation, a Japanese construction firm, to undertake works on the Mombasa Special Economic Zone (SEZ) Development Project.

The project, he states, was financed under the Japan International Cooperation Agency (JICA)'s Official Development Assistance (ODA) loan scheme through the STEP framework-an arrangement, whose special conditions require competitive procurement and full transparency, notwithstanding the contractor's nationality.

Further reports from the National Action Against Corruption (NAAC), Awino says, disclosed a massive corruption ring within the KPA Electrical Department, led by Eng Mathews Amuti, with the complicity or wilful neglect of top KPA leadership, including the MD.

"The syndicate reportedly solicited kickbacks, bribes, and double payment agreements from suppliers, using front companies-Leah Nthambi Bryant, Ollregy Investments, and Jomaki Enterprises to launder proceeds through shadow bank accounts," he says in court documents.

The petition further claims under the leadership of Captain Ruto, KPA has been mired in numerous allegations of grand corruption, procurement irregularities, abuse of office, systemic financial misconduct, and policy capture.

Awino claims the project was executed under secrecy and without adequate stakeholder disclosure or competitive input, adding that evaluation reports, feasibility studies, local contractor opportunities, and the environmental impact assessments (EIA) were never subjected to public participation or published for accountability.

"The award to TOA Corporation was fast-tracked with no parliamentary oversight, despite involving a sovereign debt component. Under Article 201 of the Constitution and the Public Finance Management Act, all loan obligations must be scrutinised and managed openly to avoid overexposure of the national treasury," he says.

Reports from NAAC, he says, raise grave concerns about the KRA Electrical Department, which is under the direct administrative responsibility of Captain Ruto.

NAAC claims, supported by whistle-blowers' testimonies and financial intelligence, Awino notes, confirmed that senior officials in this department, specifically Engineer Amuti, have engaged in a complex web of extortion, double payment systems, and cartel-led contracting.

He says Captain Ruto has failed to take decisive action against Eng Amuti, despite public outcry, audit alerts, and whistleblowers' reports.

He adds that the failure by KPA on Captain Ruto's watch to file procurement and financial disclosures to the PPRA, the Auditor-General, and the public is contrary to legal expectations under the law.

He wants the court to issue a declaration that Ruto has breached Chapter Six of the Constitution and is unfit to hold public office.

Awino says the court should also issue orders directing the EACC, DCI, and DPP to commence investigations and institute prosecutions against the Respondent and all culpable KPA officials.

The Auditor-General, he states, should also be ordered to conduct a special forensic audit of all contracts executed under the Respondent's tenure, including TOA Corporation's project.

The case has since been certified as urgent and will be mentioned on October 6 this year.

The court gave Captain Ruto 14 days to file his response.