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Kenya: Ex-Kpa Boss Daniel Manduku Freed On Sh30m Bond in Graft Case

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5 years ago

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Former Kenya Ports Authority (KPA) Managing Director Daniel Manduku has been released on Sh30 million bond or Sh12 million cash bail in a Sh1.4 billion procurement graft case.

His co-accused Works Officer Juma Fadhili Chigulu was also granted the same terms of release at the Milimani Law Courts in Nairobi on Friday.

They were both remanded to Kileleshwa Police Station pending processing of the bail or bond.

The two are jointly accused of conspiring to commit an offence of corruption by approving procurement of concrete barriers works with a contractual sum of Sh1.4 billion without a budget approval.

They are also charged with engaging in procurement for a manufacturer of the concrete barriers without prior planning.

According to the charge sheet, the offences were committed between March 29 and August 22, 2019 at the KPA headquarters in Mombasa.

They denied the charges earlier on Monday.

No travel

Mr Manduku’s lawyer Nelson Havi told the court that he was suffering from a serious respiratory condition.

Other members of the former MD’s legal team were Julie Soweto and Siaya Senator James Orengo while Mr Chigulu was represented by Mr Erick Theuri.

Chief Magistrate Lawrence Mugambi also directed the accused to surrender their passports and other travel documents to the court and not to go to the KPA’s offices.

In issuing the orders, Mr Mugambi explained that “given the amount involved in the charge sheet and the alleged loss, public interest must be taken into account and public confidence restored in the manner in which the court dispenses with corruption cases”.

“Graft has adverse effects on the economy,” he noted.

He added that though bond is a constitutional right, the court must exercise its discretion in a manner in which the public does not lose confidence in how decisions are made.

“Decisions of the court in terms of bail must be fair so that members of the public,who understand bond and bail policy guidelines, can be satisfied that justice is done.”

Separate charges

Mr Manduku, who was also KPA’s accounting officer, faced two separate charges of willful failure to comply with procurement laws, procedures and guidelines, contrary to provisions of the Anti-Corruption and Economic Crimes Act, 2003.