Director of Public Prosecutions (DPP) Noordin Haji has ordered the arrest and prosecution of former Kenya Ports Authority (KPA) Managing Director Daniel Manduku over irregular tender procurement amounting to Ksh.244 million.
The former KPA boss who resigned early March this year from the state corporation following intense pressure and allegations of corrupt dealings is set to be arrested and charged alongside Juma Fadhili Chigulu, a Works Officer at KPA, who is said to have approved the irregular payments.
In the resignation letter addressed to Transport CS James Macharia, Manduku said; “It has been both an honour and a privilege to serve as the Head of this vital installation”.
Haji says investigations have established that Manduku authorised and approved the procurement of the manufacture of concrete barriers at the Inland Container Depot, Kilindini Port and Makongeni Goods shed without an approved budget and procurement plan for the 2018/2019 Financial Year.
Mr Manduku is facing charges of unlawfully awarding tenders for the construction of cargo storage facilities at the Nairobi Inland Container Depot (ICD).
The DPP further says that the contracts for the manufacture of the concrete barriers were awarded to 10 companies which were hand-picked by Manduku contrary to procurement regulations.
“There was no requisition made for concrete barriers by the user Department within the KPA as required under the Public Procurement and Asset Disposal Act, 2015(PP & AD Act, 2015) and the Regulations made thereunder.”
Haji added that there was no aforementioned planning before engaging in the project for the manufacture of concrete barriers.
The DPP says the barrier jobs were procured through the preparation of bills of quantities as opposed to open tender processes.
Haji says Manduku awarded the tenders to ten companies which he hand-picked, failing to follow due procurement proces.
“Accordingly, I am satisfied that there is sufficient evidence to support charges for various criminal offences against Daniel Ogwoka Manduku, former Managing Director, KPA and Juma Fadhili Chigulu, Works Officer, KPA,” said the DPP.