EACC arraigns a Kenya Ports Authority official for procurement irregularities

19:07:2024:  The Ethics and Anti-Corruption Commission (EACC) Mombasa office has arrested a Kenya Ports Authority (KPA) employee over conflict of interest related to a KES 6.4 million tender.

Investigations revealed that Janet Mwendwa, a Senior Administrative Secretary at KPA, participated in evaluating a housekeeping services tender for the financial year 2016/2017. She did not disclose her conflict of interest regarding her daughter’s company, M/s Pencoya, which bid for and won the tender. The company, owned by her daughter Betty Wanjiru Gacoya, received Kes420,430.40 monthly for a year, totaling Kes6,436,934.40.

Further investigations revealed that the tender was also fraudulently awarded to Ratna Youth Enterprises, owned by Melvin Odhiambo Ouma after submitting fictitious documents from the Kenya Revenue Authority, an AGPO certificate from the National Treasury, and the Registrar of Companies.

Janet Mwendwa and Melvin Odhiambo Ouma were today charged before Hon. Jackson Burundi Kalo at Mombasa Law Courts. Mwendwa faces conflict of interest charges, while Odhiambo is accused of various offenses, including fraudulent acquisition of public funds, uttering false documents, and engaging in fraudulent procurement practices.

They were released on cash bail of Kes100,000 for Janet Mwendwa and Kes200,000 for Melvin Odhiambo. The case will be mentioned for a pre-trial conference on August 7, 2024.

Under Section 16 of the Leadership and Integrity Act, 2012, public officers must declare any conflicts of interest and record them in a conflict of interest register. Additionally, they must refrain from participating in any deliberations related to matters in which they are conflicted. Failure to disclose a conflict of interest constitutes an offense under Section 42 of the Anti-Corruption and Economic Crimes Act.