A key witness in a fraud suit involving former senior Kenya Power managers told the court that he did not carry out comprehensive investigations in the case.
Linus Muriithi, from the Public Procurement Regulatory Authority, also admitted he was not given all the necessary documents to carry out thorough investigations. According to Muriithi, if he had been supplied with all the necessary documents, his findings would have been different.
He told the court that he only had a letter, which had been sent to the director-general of the Public Procurement Regulatory Authority (PPRA) by the Directorate of Criminal Investigations (DCI) asking for analysis but which had no terms of reference.
Mr Murithi said after the analysis they faulted Kenya Power for failing to advertise the tender in newspapers as required. However, lawyers Migos Ogamba produced a newspaper advert of 2011 inviting bidders.
He further told the court that although six firms participated in the tender, DCI officers asked him to only focus on one company that was subsequently charged. Mr Muriithi admitted that he did not also seek their side of the story when authoring the damning report that formed the basis for prosecuting the officials.
He also admitted to the court that he did not follow the stipulated rules that such a probe relied upon. Ndegwa mentioned that he had flouted the law by asking the DCI to give him the documents he needed instead of demanding the information from Kenya Power and implicated companies.
Really, what of those accused of maize scandal, NHIF saga and the actual names behind kplc and kpc plunder? Not forgetting high office holders who murdered innocent Kenyans ( kiambaa church).
— Juma ramadhan (@Jumaramadhanik) December 19, 2018
In the case, former KP managing directors Ken Tarus and Ben Chumo, and nine senior managers were arraigned in connection with procurement of substandard transformers worth over Sh409 million.Mr Linus Ndegwa, from the Public Procurement Regulatory Authority, also admitted he was not supplied with all the necessary documents to carry out thorough investigations.He also told court yesterday he never contacted accused persons to get their side of the story.
Ndegwa was engaged by the Directorate of Criminal Investigations to help probe claims of spending on faulty transformers against several former and current KP bosses.
KPLC has some don't care guys. They will tell you that they will act and tomorrow you still find the pole lying there.
— Nyamai Kavindyo (@nyamai_kavindyo) December 19, 2018
But the first prosecution witness gave testimony that casts doubts on the thoroughness of investigations.His admission that although six firms participated in the tender, DCI officers asked him to only focus on one company that was subsequently charged, shows just how corruption cases are mismanaged.
Ndegwa said he neither asked for documents from KP nor the implicated firm. He did not also seek their side of story when authoring a damning report that formed the basis for prosecuting the officials.
He said he only relied on documents supplied by the DCI in their offices from where he prepared the report.The witness, who was engaged for his expertise in procurement matters, said if he had been given all the necessary documents, he would probably have come to a different conclusion.
Ndegwa, an official from an agency mandated to monitor, assess and review public procurement and asset disposal system in government, also admitted he never followed rules governing such an investigation.
The witness also told court KP should have bought the transformers at the prevailing exchange rate of Sh84 against the dollar instead of Sh83.Among the documents he said he was not given, in the course of the probe, were advertisement for the tenders and requisition forms.
Ndegwa admitted he flouted the law by asking the DCI, headed by Mr George Kinoti, to give him the documents he needed instead of demanding the information from Kenya Power and implicated companies.