Those arrested include Faith Adhiambo Apuko, the former acting clerk of the Homa Bay County Assembly; Patrick Tonui, a former quantity surveyor at the Ministry of Public Works who served as the project manager; and Hartland Enterprises Limited directors James Mumali Oyukah and Mary Pauline Oduor.
According to investigators, the arrests follow extensive probes into irregularities surrounding Tender No. HBCA/T/W6/2018–2019, which was issued for the proposed construction of the Homa Bay County Assembly office block.
In a statement issued on Friday, the Office of the Director of Public Prosecutions (ODPP) confirmed that it had received an inquiry file from the EACC detailing alleged procurement malpractices involving former county officials, a senior officer from the State Department of Public Works, and a private firm.
“Investigations revealed that the former Clerk of the Homa Bay County Assembly, Odhiambo Daniel Kaudo, alongside five other senior county officials, were allegedly involved in irregular procurement processes during the award of Tender No. HBCA/T/W6/2018–2019 for the proposed construction of the Homa Bay County Assembly office block,” the ODPP said.
Conflict of interest, abuse of office
Prosecutors said the findings raised serious concerns of conflict of interest, abuse of office, and violations of public procurement laws.
Following a review of the inquiry file and pursuant to Article 157 of the Constitution, the Director of Public Prosecutions directed that charges be instituted against the suspects.
Those set to be charged include Faith Adhiambo Apuko, Patrick Tonui, James Mumali Oyukah, Mary Pauline Oduor (a principal nurse at Homa Bay Referral Hospital and director of Hartland Enterprises Limited), and Roseline Anyango Odhiambo, a former County Executive Committee Member for Lands and also a director of the company.
The suspects are expected to face multiple charges, including abuse of office, wilful failure to comply with procurement laws, conflict of interest, unlawful acquisition of public property, and fraudulent acquisition of public property, all under the Anti-Corruption and Economic Crimes Act, 2003.
The ODPP reaffirmed its commitment to upholding the rule of law, protecting public interest, and ensuring accountability in the use of public resources.
“The ODPP reiterates its unwavering commitment to upholding the rule of law, promoting public interest, ensuring the proper administration of justice, and preventing the abuse of legal processes in the discharge of its constitutional mandate,” the statement said.
The suspects are expected to be arraigned in court after the completion of processing by investigators.
