Africa-Press – Kenya. Former Kiambu roads chief officer Lucas Wahinya has written to the office of the Director of Public Prosecutions asking him to review and withdraw the Sh588 million graft charges against him.
Wahinya said following the High Court decision that dropped charges against members of the procurement committee, his case cannot stand.
He said the Sh588 million roads tender was awarded through a regular process and his case should be withdrawn.
Three weeks ago, Justice Esther Maina stopped the prosecution of five members of the county procurement committee.
She said their charges were unconstitutional and amounted to an abuse of the legal process.
The five who had been charged alongside former Kiambu Governor Ferdinand Waititu were Zacharia Mbugua, Joyce Ngina, Simon Kang’ethe, Anslem Wanjiku, and Samuel Muigai.
Their charges have since been terminated following the High Court decision.
The case now remains with Waititu, his wife Susan Ndung’u, Lucas Mwangi, six county employees, businessman Charles Chege and his wife Beth Wangechi (Testimony Enterprises directors)
The case involves the awarding of an irregular Sh588 million tender to Testimony Enterprises.
The tender in question was for upgrading various gravel roads in Thika, Limuru, Gatundu North, Juja and Ruiru subcounties during the 2107-2018 financial year.
According to the charge sheet, Wahinya abused his office by awarding a contract for the upgrade of various roads in Kiambu to Testimony-a firm that was irregularly procured.
He has been accused of disregarding a professional opinion by the county procurement boss Justus Bundi, regarding the tender in question.
Bundi who was the prosecution’s first witness had recommended that a re-evaluation concerning the awarding of the tender to Testimony be done.
He said there were some gaps and that new criteria had been introduced which disadvantaged some of the bidders.
Wahinya, according to Bundi’s testimony was that, the due procurement process had been followed.
He said the few issues noted by Bundi cannot affect the outcome even after the re-evaluation and therefore awarded the tender to testimony enterprises limited
Wahinya in his letter to the DPP said the decision by Justice Maina reinforces his comments in that the few issues noted if were sent back for re-evaluation, the same would not have changed the outcome of the evaluation committee.
The DPP received the letter on November 1.
Wahinya said it is unfair that he should be prosecuted for making an informed decision and choosing to save taxpayer funds by not remitting the bids for re-evaluation when the outcome of such re-evaluation would have returned the same results.
“The observations by the head of procurement would not have changed the outcome of the evaluation committee and the company with the highest score is the one that was awarded the tender,” he said.
He said his actions were not criminal when he made the decision.
“Your prompt consideration of our client’s applied for a review of the sole charge against him will be highly appreciated and await to hear from you as the case comes up next in court on November 7,” read the letter written by the J.M Njenga Advocates firm.
The trial is expected to resume Monday next week.
So far 27 witnesses have testified.
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