Six ex-Homa Bay County officials charged over alleged Ksh.348.9M embezzlement

The Office of the Director of Public Prosecutions (ODPP) has charged six ex-officials of the Homa Bay County government and a private company over the alleged embezzlement of Ksh.348,927,840 earmarked for the construction of the Homa Bay County Assembly office block.

Those charged are Odhiambo Daniel Kaudo, a former Clerk of the Homa Bay County Assembly; Patrick Tonui, former Senior Superintendent Quantity Surveyor at the State Department for Public Works; Faith Adhiambo Apuko, former Clerk of the Homa Bay County Assembly; Roseline Anyango Odhiambo, former County Executive Committee Member for Lands and Housing; James Mumali Oyukah, a Public Health Officer with the Homa Bay County Government; Mary Pauline Oduor, a Principal Nurse at Homa Bay County Referral Hospital; and Hartland Enterprises Limited.

The accused face multiple charges including abuse of office, wilful failure to comply with laws and regulations governing the management of public funds, conflict of interest, and unlawful acquisition of public property.

According to the prosecution, on February 10, 2022, Kaudo, while serving as Clerk of the County Assembly, abused his office by improperly conferring a benefit to Hartland Enterprises Limited.

It is alleged that he unlawfully awarded the company the tender for the construction of the County Assembly office block at a cost of Ksh.348,927,840, despite the tender sum not having been competitively bid.

The court heard that Patrick Tonui abused his office by certifying that construction works had been undertaken when, in fact, they had not.

Faith Apuko was accused of facilitating payments to the contractor without a properly executed payment voucher, while Roseline Anyango Odhiambo was charged with authorising the construction of the office block without a valid allotment letter.

Kaudo and Apuko were also separately charged with wilful failure to comply with laws governing public finance management.

The prosecution alleged that they authorised payments without ensuring compliance with mandatory requirements, including the submission of a valid performance guarantee by Hartland Enterprises Limited.

James Oyukah and Mary Oduor, who are a couple, were charged with conflict of interest after allegedly acquiring private interests in the tender through a company in which they are directors.

The two, together with Hartland Enterprises Limited, also face charges of unlawful acquisition of public property.

The prosecution told the court that between September 15, 2021 and April 2023, the accused persons unlawfully acquired public funds amounting to Ksh.66,714,925 from the Homa Bay County Assembly for works that were not carried out.

All the accused persons on Tuesday pleaded not guilty to the charges before Kisii Law Courts Chief Magistrate Mildred Obura.

Prosecutors Solomon Njeru and Victorine Kitoto urged the court to impose stringent bond terms, citing the seriousness of the offences.

The court granted a bond of Ksh.30 million with one surety of a similar amount to Kaudo, Apuko, Tonui, Oyukah, Roseline Odhiambo and Hartland Enterprises Limited. Mary Oduor was granted a bond of Ksh.5 million with two sureties of a similar amount.