The Ethics and Anti-Corruption Commission (EACC) has submitted a file to the Director of Public Prosecutions (DPP) into allegations of irregular and fraudulent payments made by the Kenya Ports Authority (KPA) leading to a loss of Ksh. 137.6 million.

The Commission initiated investigations following a complaint received in September 2018 that during the financial year 2017/2018 the KPA had unlawfully procured fresh water from six firms without following the procurement procedures.

Suppliers Paid For Goods Not Delivered

Investigations established that the KPA irregularly engaged six firms, namely: Samnix Enterprises, Mombasa Fresh Water Supply Company, Pincho Traders, Smech Enterprises Nyavu Traders, Aquisana Limited in disregard of procurement procedures leading to the loss of public money amounting to Ksh. 137,600,000/-.

Further investigations established that some of the suppliers were paid for goods not delivered.

On 7th September a report was compiled and to the DPP with recommendations to charge the following; officials of the KPA, Mombasa Fresh Water Supply Company, Pincho Traders, Smech Enterprises, Nyavu Traders, Aquisana Limited and all their directors with the following offences:

• Six counts of deceiving principal contrary to Section 41(2);
• 12 counts of abuse of office;
• 10 counts of willful failure to comply with the law applicable, regulations and guidelines relating to the procurement contrary to section 45 (2) (b);
• Four counts of fraudulent acquisition of public property contrary to section 45 (1) (a) all as read with section 48 of ACECA;
• And one count of willful failure to perform official duty contrary to section 128 as read with section 36 of the Penal Code.

The EACC is awaiting the DPP’s response.