Nine officials of the Vihiga County Government and three others have been charged at the Kakamega Ethics and Anti-Corruption Court over embezzlement of Sh17 million.
The officials, who were charged separately with 11 counts, are accused of failing to comply with the law during the construction of a blood transfusion centre at the Vihiga County Level Four hospital, which it is claimed was fraudulently awarded to Sava Construction Company.
Those charged were Dr. Arnold Kimiya Mamadi, Chief Officer, Health Services; Godfrey Oyaro, Director, Supply Chain Management; Eugene Wandera Wamalwa, Principal Quantity Surveyor, but who failed to appear in court; Wesley Ng’ang’a Asubwa, Architect; Sunday Undisa Mwangi; Vincent Juma Muyera; and Laura Naliaka Kisaka, officers from supply chain management.
Others are Dalton Benson Amokua, Eddy Mirera, Simon Kiama Maina, and Anastacia Njeri Kaguri.
The accused who appeared before Justice Joseph Ndururi were released on a Sh1 million bond each or Sh300,000 cash bail.
Dr. Arnold Kimiya Mamadi, the Chief Officer, Health Services; Godfrey Oyaro, Director, Supply Chain Management; Wesley Ng’ang’a Asubwa (Architect); Sunday Undisa Mwangi; Vincent Juma Muyera; and Laura Naliaka Kisaka are charged with conspiracy to commit an economic crime contrary to Section 47(3) of the Anti-Corruption and Economic Crimes Act, No. 3 of 2003.
The officials, being a Chief Officer of Health Services, a Director Supply Chain Management, Supply Chain Management officers, a Quantity Surveyor, and an Architect, all public officers, are alleged to have conspired to commit an economic crime by willfully failing to comply with the applicable law relating to procurement.
They committed the offence during the award of tender No. VCG/HLT/702190/2018/2019 for the construction of a blood transfusion centre at the Vihiga County Level Four hospital to Sava Construction Limited.
Dr. Mamadi also separately faces two other counts of abuse of office contrary to Section 46 as read with Section 48 of the Anti-Corruption and Economic Crimes Act No. 3 of 2003 and failure to comply with the law relating to procurement contrary to Section 45(2)(c) as read with Section 48 of the Anti-Corruption and Economic Crimes Act No. 3 of 2003.
Particulars of the charge state that on March 6, 2019 at Vihiga County, being a person employed in the public service (Chief Officer Medical Services), he allegedly used his office to confer a benefit of 17,000,989 shillings to Sava Construction Limited by improperly awarding the company Tender No. VCG/HLT/702190/2018/2019 for the construction of a blood transfusion centre at the Vihiga County level four hospital.
Dr. Mamadi is alternately charged that between January 2019 and December 30, 2019 within Vihiga County, she willfully failed to comply with the law relating to procurement, to wit, Section 44(2)(a) of the Public Procurement and Assets Disposal Act, 2015, by engaging in the procurement process for Tender No. VCG/HLT/702190/2018/2019 for the construction of a blood transfusion centre at the Vihiga County level four hospital without sufficient budget.
Quantity Surveyors Eugene Wandere, Sunday Undisa Mwangi, Vincent Juma Muyera, Laura Naliaka Kisaka, and Lillian Ambenge are facing a charge for willfully failing to comply with the law relating to procurement contrary to Section 45(2)(b) as read with Section 48 of the Anti-Corruption and Economic Crimes Act, No. 3 of 2003.
On February 28, 2019, within Vihiga County, being supply chain management officers, senior clerical officers, and principal quantity surveyors, all members of the Tender Evaluation Committee willfully failed to comply with the law relating to procurement, Section 80(2) of the Public Procurement and Assets Disposal Act, 2015.
They allegedly subverted the law by recommending the award of a tender to Sava Construction, a company that did not meet the evaluation criteria for Tender No. VCG/HLT/702190/2018/2019 for the construction of a blood transfusion centre at the Vihiga Count Level Four Hospital.
Simon Kiama Maina and Anastacia Njeri Kaguri, being the directors of Sava Construction Limited and a limited liability company, face a charge of fraudulently acquiring public property to the tune of 10,125,522.70 shillings from the County Government of Vihiga as payment for an irregularly awarded Tender No. VCG/HLT/702190/2018/2019 for the construction of a blood transfusion centre at the Vihiga County level four hospital.
This is alleged to have happened between July 4, 2019 and December 30, 2019 in Vihiga County.
The three accused also face an alternate charge of uttering false documents, contrary to Section 353 as read with Section 349 of the penal code.
They are accused that on or around February 18, 2019 at the County Government of Vihiga, they knowingly and fraudulently uttered to the County Government of Vihiga a false tender document, NCA 5 registration certificate no. 45205/B/1018, purporting it to be a genuine NCA5 issued by the National Construction Authority, a fact that they knew to be false.
On his part, Dalton Benson Amokua was arraigned for knowingly and fraudulently uttering a false tender document to the County Government of Vihiga, purporting it to be a tender document for Oceanic Construction Company Limited, a fact that he knew to be false.
Eddy Mirera faces two counts of forgery and uttering a false document, contrary to Section 353 as read with Section 349 of the penal code, with intent to defraud.
The Court issued a warrant of arrest against Eugene Wandera Wamalwa (Principal Quantity Surveyor), who is on the run.
Justice Ndururi directed that the case be mentioned on July 17, 2024.
By George Ndeto and Innocent Shititah
