Dr. Daniel Manduku who run Kenya Ports Authority like a kitchen is now claiming the criminal proceedings initiated by the Directorate of Criminal Investigations (DCI) have no ‘proper legal and factual foundation’.
The DCI shared his files with the Office of the Director of Public Prosecutions (ODPP) to start criminal proceedings against the corrupt MD tied to the Ruto faction of Jubilee.
Through his lawyers, Siaya Senator, Senior Counsel James Orengo and lawyer Julie Soweto, Dr Manduku argues that the DCI investigated offences under the Anti-Corruption and Economic Crimes Act, which is outside its mandate.
Mr. Maduku is wanted for flouting procurement rules where Ksh2.7 billion was used to undertake some works at various ports.
In the Ksh2.7 billion scandal, KPA is said to have bought concrete barriers which are supposed to cost Ksh10,281 per piece at Ksh79,193. Ksh1.4 billion was lost in this concrete barrier scam.
In the Kisumu Port Revitalization project, Ksh.800 million was shared by seven companies despite the works having been projected to cost Ksh.100 million.
The investigation report by the Economic and Commercial Crimes Unit of the DCI also suggests that Manduku oversaw the preparation of bills of quantity (BoQs) for eight firms without requisition forms from the user — the inland container depot in Nairobi for the Makongeni Goodshed Yard project.
Manduku, KPA General Manager in charge of Operations William Rutto, Senior Works Officer Anthony Muhanji, Works Officer Juma Chigulu and Principal Works Officer Bernard Nyobange are said to have colluded to divide the 2360 square meters yard belonging to Kenya Railways into 9 zones and awarded 9 contractors the concrete works.
“The splitting is a clear conspiracy to avoid tender procedures to wit section 91 of the public procurement and asset disposal act” says the final investigation report.
Mr. Manduku was avoiding open and competitive tendering process and this cost the KPA over 500 million shillings most of which went to kickbacks.
The land which the structures were built belonged to Kenya Railways Corporation (KRC) and it claimed its land back. KRC had accused KPA of grabbing its land to build the overpriced structures.
In his defense, Manduku is now saying that the DCI, in preparing the report, omitted the opinion of the Department of Public Works in respect to the Makongeni goods shed, the manufacture of concrete barriers and work on the Kisumu port.
He argues as he has always done that revitalisation of the Kisumu port was prioritised and accelerated, hence undertaken on an emergency basis as there was an urgent need for the goods, works and services.
We ask, if he was not guilty, then why is he going at all these lengths to defend himself.
As a DP Ruto man, Manduku has now been caught, his eyes blinded by the full glare of front lights from an oncoming 10-wheeler. He is in dire straits.
The man has ambitions of becoming the next Kisii County Governor.With the stolen loot, that he shares with the opposition within the Jubilee Party, he cannot escape the charge.
A man on borrowed time
The KPA board doesn’t want anything to do with Daniel Manduku and has already set sights on his replacement in the name of Vincent Sidai, the current KPA GM Infrastructure and Development and a former governor aspirant in Busia county who joined the port a few months ago to replace Manduku once hounded out of office.
Last week, the board put a freeze on all ongoing procurement. The statement announcing the suspension, signed by board chairman Rtd General Joseph Kibwana, also hinted that changes are imminent at the ports managed by KPA to strengthen “internal controls and improve service delivery.”
Mr Kibwana also said KPA was reviewing its leadership and management processes in the wake of the scam that has seen the authority mentioned in bad light for some duration.
Putting a weka fight, Manduku had given conditions to the board, within which he is ready to step aside – that Captain Rutto must be the one to take over as MD.
This is insane considering that Rutto is also in the mix of the procurement scandal.
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