The Ethics and Anti-Corruption Commission (EACC) has arrested five suspects over alleged conflict of interest and procurement irregularities involving a Sh348.9 million tender for the construction of the Homa Bay County Assembly office block.
In a statement issued on Friday, the Commission said the arrests follow investigations into the irregular award of Tender No. HBCA/T/W6/2018-2019, which was allegedly marred by abuse of office and violations of procurement laws.
“The Ethics and Anti-Corruption Commission (EACC) has arrested five suspects over allegations of conflict of interest and procurement irregularities relating to a Sh348,927,840 tender for the construction of an office block for the Homa Bay County Assembly,” the statement read.
Those arrested include Faith Adhiambo Apuko, former Clerk of the Homa Bay County Assembly; Roseline Anyango Odhiambo, former County Executive Committee Member for Lands;Patrick Tonui, a former Quantity Surveyor at the Ministry of Public Works and Project Manager; and Hartland Enterprises Limited directors James Mumali Oyukah and Mary Pauline Oduor.
According to EACC, investigations established that the County Assembly awarded the tender to Hartland Enterprises Limited despite the firm’s directors being employees of the Homa Bay County Government.
The Commission noted that the contract was awarded “at a tender sum of Sh348,927,840, which the company had not quoted,” raising serious concerns of conflict of interest.
Further, investigators found that the County Assembly entered into a contract with the firm without a valid performance guarantee. This, EACC said, resulted in “unlawful payments amounting to Sh66,714,925.14.”
Upon completion of investigations, the Commission forwarded the inquiry file to the Director of Public Prosecutions (DPP), who approved charges against seven suspects, including former Clerk Daniel Odhiambo Kaudo and Hartland Enterprises Limited as a legal entity.
The suspects are expected to face charges related to abuse of office, willful failure to comply with procurement laws, conflict of interest and unlawful acquisition of public property.
“The arrested suspects have been escorted to Homa Bay Police Station for processing and are awaiting arraignment,” the Commission said.
EACC also revealed that a civil recovery suit is pending before the Anti-Corruption and Economic Crimes Court, seeking to recover unlawful payments from the contractor and county officials.
Meanwhile, the Commission called on Daniel Kaudo, who is yet to be arrested, to present himself at Homa Bay Police Station or any EACC office as investigations continue.
