Eight Kenya Power officials acquitted in Sh159m fraud case

A long-running legal battle involving former senior managers at Kenya Power concluded today after the Milimani Law Courts acquitted eight officials linked to an alleged Sh159 million fraud scandal. Trial magistrate C.N. Ondieki delivered the ruling, noting that the prosecution failed to provide sufficient evidence to support the charges against the accused persons.

The case centered on allegations of fraudulent payments and the irregular awarding of contracts for labor and transport services. According to the prosecution, the officials had conspired to commit economic crimes by failing to comply with procurement procedures. This allegedly led to the unprocedural pre-qualification of several companies for a specific tender, identified as KPI/9AA-2/58/PJT/16-17.

The individuals cleared in the ruling include former Finance General Manager Harun Karisa, alongside Daniel Ochieng Muga, who served as the acting Head of Supply Chain. Others acquitted were John Mwaura Njehia, James Muriuki, Bernard Muturi, Evelyne Pauline Amondi, and Noah Ogano Omondi. Most of these officials had served on either the Tender Evaluation Committee or the Tender Opening Committee during the period under investigation.

Magistrate Ondieki, in his determination, found that the evidence presented by the Office of the Director of Public Prosecutions was inadequate to secure a conviction. The ruling brings to an end a matter that has been in the corridors of justice for several years, involving multiple mentions and shifts in the judicial calendar.

This development follows the earlier withdrawal of charges against former Kenya Power Managing Director Ken Tarus. In February 2023, the court allowed the DPP to drop charges against Tarus after a review of the evidence suggested there was no direct link between him and the alleged graft. At the time, the court was informed that the review revealed no specific offense had been committed by the former boss.

The remaining eight defendants had been put on their defense last year after the court initially found they had a case to answer. However, upon full evaluation of the facts and witness testimonies, the trial court concluded that the legal threshold for an economic crime had not been met.

The acquittal marks a significant moment for the utility firm, which has seen several of its former leadership teams face scrutiny over procurement and management of public funds. The prosecution had previously alleged that the managers willfully failed to comply with the law governing the management of public funds by approving the list of pre-qualified entities.

The defense teams had consistently argued that the procurement processes followed established internal guidelines and that no funds were lost. With the magistrate's final order, the eight officials are now legally cleared of the charges that have loomed over their professional reputations since 2018.

This ruling at the Milimani Law Courts reflects the ongoing challenges faced by the state in proving complex procurement-related fraud cases. While President Ruto has previously emphasized the need for transparency in state agencies, the judicial outcome today highlights the necessity of airtight evidence in high-profile economic crime litigation.