In a significant ruling, the Anti-Corruption Court in Kitui has acquitted several high-ranking officials from Tanathi Water Works Development Agency implicated in a Ksh 292 million corruption scandal. The decision follows the withdrawal of the case by the Office of the Director of Public Prosecutions (DPP), which cited insufficient evidence to proceed with the prosecution.
This prominent corruption case revolved around procurement fraud associated with a major water project in Kitui County and has now been dismissed after the DPP opted to drop the charges against the accused.
Among those implicated was the CEO of Tanathi Water Works Development Agency, Mr. Fredrick Tito Mwamati, along with several other senior officials. Initially, the DPP had sanctioned the prosecution of Mwamati and his co-defendants, referencing what was believed to be substantial evidence of procurement irregularities.
On June 29, 2024, a statement from EACC Spokesperson Eric Ngumbi called for their immediate arrest and court appearance. The allegations focused on fraudulent tendering practices for the Kananie Leather Industrial Park Water Supply project during the 2020/2021 fiscal year.
The Ksh 292 million contract was awarded to Perma Structural Engineering Company Ltd, which was identified as a non-responsive bidder in the EACC’s investigation. Mwamati and his co-accused faced multiple charges, including conspiracy to commit corruption, abuse of office, and fraudulent acquisition of public assets.
However, in an unexpected turn, the DPP approved a request from Mwamati and his co-defendants to reassess the evidence against them. After this review, the DPP concluded that the evidence was inadequate to warrant prosecution, resulting in the withdrawal of the charges.
This decision met with swift backlash from the EACC, which submitted an affidavit to the court arguing for the case to move forward based on compelling evidence uncovered during their investigation.
Documents seen by Channel 15 News Digital indicate that the EACC stressed that the DPP had previously endorsed the charges after a thorough examination of the evidence and legal standards.
According to the commission, no new facts had arisen that warranted dismissing the case, asserting that the existing evidence remained robust. The EACC condemned the DPP’s actions as a breach of public trust and an affront to the public interest.
Despite the EACC’s protests, the Kitui Anti-Corruption Court ruled in favor of the DPP on October 2, 2024, effectively terminating the case.
The investigation into Mwamati and other Tanathi officials came to light after the EACC uncovered significant procurement discrepancies. The contract for the Kananie Leather Industrial Park Water Supply project was awarded to Perma Structural Engineering Company Ltd, despite it being classified as non-responsive.
The DPP initially charged Mwamati and several senior officials with nine counts of corruption-related offenses, including conspiracy to commit corruption, abuse of office, and conflict of interest. These charges were based on alleged breaches of the Anti-Corruption and Economic Crimes Act as well as the Public Procurement and Asset Disposal Act.
Other individuals implicated in this scandal included Francis Kyalo Siva, General Manager of Infrastructure Development; Dave Otieno Mwango, Manager of Construction and Residual Operations; Duncan Mulandi Mutambuki, Manager of Finance and Accounts; Dickson Mugambi Mungathia, Engineer, Department of Infrastructure Development; and Erick Muendo Ng’alu, Senior Engineer, Department of Construction and Residual Operations.
Also charged alongside Mwamati were the directors of Perma Structural Engineering Company Ltd and Antidote Agencies Ltd, facing accusations ranging from conspiracy to commit economic crimes to fraudulent acquisition of public propert
