The top public prosecutor, Noordin Haji, has ordered the immediate arrest and arraignment of five individuals over irregular payments of Sh214.5 million at the Kenya Ports Authority.
Among those facing arrest are KPA’s General Finance Manager, Patrick Nyoike, his wife, Jacinta Wanjiku Wambugu and brother Alfred Hinga Nyoike.
A statement from the Office of the Director of Public Prosecutions, DPP Haji, said investigations done by the Ethics and Anti-Corruption Commission (EACC) unearthed sufficient evidence to warrant the arrest and prosecution of five individuals.
According to the EACC investigation that ran between 2014 and 2017, KPA made irregular payments amounting to Sh214,548,340 to Nyali Capital Ltd, a firm run by Nyoike’s wife, Jacinta and his brother Alfred.
“Patrick Wambugu Nyoike the General Manager Finance, Kenya Ports Authority, used his office to improperly confer a benefit of Sh214,548,340 to Nyali Capital Limited by irregularly facilitating the definition of the said Nyali Capital Limited, which was not, one of the KPA suppliers as a vendor in the KPA Vendor Portal without the requisite authority,” said the DPP.
Haji said investigations found that Nyali Capital Ltd financed KPA suppliers, local purchase orders and local service orders, and thereafter used the KPA system to have the principal and the interest from the said suppliers remitted to the firm by KPA.
“It is therefore clear that Patrick Wambugu Nyoike abused his office by facilitating Nyali Capital Ltd to finance KPA suppliers and receive payments directly from KPA,” said Haji.
Further, Haji accuses Nyoike of failing to disclose to KPA that his wife and brother were directors at Nyali Capital Ltd.
Now, the DPP has authorized that the five individuals and the firm, Nyali Capital Ltd, be charged with four charges, including conspiracy to commit corruption, abuse of office, failure to disclose private interest to KPA and dealing with suspect property.
The other individuals named in the fraud case are Peter Kinyanjui, a director of Nyali Capital Ltd and Isaac Obunga, a KPA clerical officer.