Reprieve for former KPA MD Manduku as his charge sheet is reviewed

NAIROBI, Kenya, Nov 4 – The office of the Director of public Prosecutions on Wednesday dropped the conspiracy to defraud the Kenya Ports Authority charges against its former Managing Director Daniel Manduku and his co-accused, former works officer Juma Fadhili.

Appearing before Anti-corruption Magistrate Lawrence Mugambi, the offense which was the fourth count in the initial charge sheet against the two was scrapped off.

Both the prosecution and Defence agreed on the changes on the charge sheet.

The accused were charged afresh over alleged misappropriation of funds during his tenure at KPA totaling to 928 million shillings.

The conspiracy to defraud KPA charge was preferred by the Directorate of Criminal Investigations when the suspects were first arrested and investigations launched.

It was however dropped due to lack of compelling evidence.

Manduku is accused to have between March 29, 2019 and August 22,-2019 at the Ports Authority in Mombasa headquarters, knowingly abusing the authority of his office by misappropriating Sh678 million intended for repair and maintenance work in the Kenya Ports Authority annual budget for 2018-2019 financial year.

Fadhili is accused of “knowingly and unlawfully preparing erroneous works evaluation certificates that were presented to the KPA financial department where contractors were expected to seek payment thus occasioning an overpayment of 244 million shillings.”

This was between May 16 and August 16 last year.

The two are also charged of engaging in a project without a clear planning contrary to the law.

During their tenure they are said to have engaged in a project to wit the procurement of the manufacture of concrete barriers works with a contractual sum of Sh1.4 billion.

The project did not have an approved budget nor a procurement plan.

Magistrate Mugambi meanwhile ordered the two to remain on their previous working bond terms of Sh12 million after they pleaded not guilty to the new charges.

The pre-trial will be heard on the first week of December.