The Kenya Ports Authority Managing Director, Daniel Manduku, recently filed an application at a Mombasa High Court. In the matter certified urgent the MD is seeking interim court orders that will stop his arrest and prosecution by the IG, DPP and DCI over his alleged involvement in fraudulent activities.
“We seek this court’s conservatory orders restraining the DCI, DPP and IG from otherwise instituting criminal proceedings against Manduku on the basis of the impugned investigations and recommendations of the DPP and DCI, until this petition is heard and determined,” said Senior Counsel James Orengo.
The counsel also said that the MD was not seeking to stop investigations from proceeding to its conclusion.
In the suit, the KPA MD has accused the DCI of conducting malicious, illegal, discriminatory and selective investigations against him and other port managers over their execution of projects that had been authorized by Cabinet Secretaries and other state’s multi-agency teams.
Mr. Manduku also wants the DCI and the DPP stopped from issuing press statements that are adverse, improper and inaccurate statements about the ongoing investigations arguing that that these agencies are maliciously putting forward a hostile media campaign against him that is inclined at making him look guilty.
“The DPP and DCI have mounted a scurrilous media campaign against Manduku, publicizing the investigations against him and the recommendations to charge him thus denying him the right to be presumed innocent until the contrary is proved,” said Orengo.
The DCI is pressing 22 possible charges against Mr. Manduku and 2 others for their alleged involvement in the procurement of various port projects underway in Mombasa, Nairobi and Kisumu.
Intricaices of the charges are that on the various dates between March 27 and August 23, 2019 it is said that Mr. Manduku failed in ensuring that there was a procurement plan for the manufacture of 17,940 pieces of concrete barrier whose worth is approximately Ksh. 1,420,730,727 or thereabouts. In another charge, the MD is accused of influencing the Head of Procurement and Suppliers Department, Antony Kawamah Nyamancha to award the works for the manufacture of 17,940 pieces of concrete barriers to his preferred contractors.
This reveleation was after the DCI sparked interest out of the KPA execution of executive and ministerial orders in regard to the revitalisation of Kisumu Port, the construction of Makongeni shed and construction of concrete barriers for various parts in the country under the supervision of the national government.
Hon Justice Ogola declined to grant the MD his prayers. He declined to issue any intermin orders until the application was heard inter-parties.
The judge also certified the matter as urgent and directed that both parties be served and scheduled the hearing for Monday December 2, 2019.
“I have carefully considered the submissions of Counsel Orengo and I am convinced the issues raised are indeed urgent, but I will not give any interim orders until the inter-parties hearing. I, therefore, certify the motion urgent and direct all parties be served,” said Justice Ogola.
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