The Director of Public Prosecutions (DPP), Renson Ingonga, has formally charged six Homa Bay County officials and a private company over the alleged embezzlement of Sh348,927,840 intended for the construction of the Homa Bay County Assembly office block.
The accused include Odhiambo Daniel Kaudo, former Clerk of the Homa Bay County Assembly; Faith Adhiambo Apuko, Acting Clerk; Patrick Tonui, Senior Superintendent Quantity Surveyor at the State Department for Public Works; Roseline Anyango Odhiambo, County Executive Committee Member for Lands and Housing; James Mumali Oyukah, Public Health Officer; Mary Pauline Oduor, Principal Nurse at Homa Bay County Referral Hospital; and Hartland Enterprises Limited.
They face multiple charges, including abuse of office, wilful failure to comply with laws governing public funds, conflict of interest, and unlawful acquisition of public property.
The prosecution told Kisii Law Courts that on February 10, 2022, Kaudo allegedly abused his office by improperly awarding Hartland Enterprises Limited Tender No. HBCA/T/W6/2018–2019 for the County Assembly office block, despite the tender not being competitively bid.
Patrick Tonui is accused of certifying construction works that were never executed, while Apuko allegedly facilitated payments without proper payment vouchers.
Roseline Anyango Odhiambo is charged with authorising the project without a valid allotment letter.
“Kaudo and Apuko also failed to ensure that Hartland Enterprises submitted a valid performance guarantee before authorising payments, in breach of public finance regulations,” the prosecution noted.
Additionally, Oyukah and Oduor face conflict of interest charges after allegedly holding private stakes in the tender through a company they direct.
The couple, together with Hartland Enterprises, are accused of unlawfully acquiring Sh66,714,925 in public funds between September 2021 and April 2023 for works that were never carried out.
All accused pleaded not guilty before Kisii Law Courts Chief Magistrate Hon. M. Obura.
The prosecution, led by Solomon Njeru and Victorine Kitoto, requested stringent bond terms, which the court granted.
Odhiambo, Apuko, Tonui, Oyukah, Roseline Odhiambo, and Hartland Enterprises were each released on a Sh30 million bond with one surety of similar value, while Mary Pauline Oduor was granted a Sh5 million bond with two sureties.
The case is scheduled for mention on February 2, 2026.
