Director of Public Prosecution -DPP Noordin Haji has approved the prosecution of former Kenya Ports Authority MD Daniel Manduku over irregular procurement of works at the port.
In a statement Haji said that Manduku approved and authorized the procurement of the manufacturing of concrete barriers at the inland container depot at Kilindini port and Makongeni goods shed without an approved budget and procurement plan for the 2018-2019 financial year.
According to the DPP, the tender for the concrete barriers was commenced through the bill of quantities as opposed to open tendering in contravention of procurement law- PP & AD Act 2015.
“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 & and Act, 2015) and the Regulations made thereunder,” said DPP.
He said there was no prior planning before engaging in the project for the manufacture of the concrete barriers.
Haji said the contracts were awarded to 10 companies which were hand picked by the former MD without following the requisite procurement procedures under procurement law.
Manduku is also accused of making an overpayment of 244, 837, 908.59 to contractors for works not completed.
The payments of the manufacture of the concrete barriers were approved by Juma Fadhili Chigulu, a Works Officer in KPA who is also going to be charged alongside Manduku.