Kenya Ports Authority (KPA) Finance Manager Patrick Nyoike was this afternoon arrested alongside his wife Jacinta and a ports clerical officer over irregular payments totaling to hundreds of millions.
The Office of the Director of Prosecutions (ODPP) had earlier on Sunday directed that the three, alongside Nyoike’s brother Alfred Hinga and Nyali Capital, be charged over various offenses ranging from abuse of office to dealing in suspect property.
Nyoike is accused of approving irregular payments amounting to Sh214.5 million to Nyali Capital Limited (NLC) where his wife Jacinta Wanjiku Wambugu his brother Alfred Hinga Nyoike worked as General Manager and director respectively.
An investigation launched by the Ethics and Anti-Corruption Commission (EACC) established the questionable payments were made between October 2014 and March 2017.
In his statement on Sunday, DPP Nordin Hajji said, he is satisfied with the report of the investigation compiled by EACC which accuses Nyoike of using his office to improperly confer a benefit of Sh214 million, by irregularly facilitating the definition of Nyali Capital Limited which was not one of KPAs suppliers as a vendor in the KPA vendor portal without the requisite authority.
Haji further notes that Nyoike failed to declare a conflict of interest despite knowing that his Jacinta Wanjiku Wambugu and his brother Alfred Hinga Nyoike were the General Manager and one of the directors of Nyali Capital Limited.
The law states that public official is in a conflict of interest if the official exercises an official power, duty or function that provides an opportunity to further the official’s private interests or those of the official’s relatives or friends or to improperly further another person’s interests
The DPP has also ordered the arrest of Isaac Obunga, a clerical officer who is accused of facilitating the transaction despite the lack of the contractual relationship between KPA and Nyali Capital Limited.
“It is clear from the evidence that there was no contractual relationship between KPA and NCL save for letters of undertaking signed by KPA officers guaranteeing that KPA would subtract and remit funds to account of Nyali Capital Limited from the vendors financed by the said company.
This fact was known by Isaac Obunga, an employee of the KPA, who nevertheless irregularly defined Nyali Capital Limited as a vendor in the KPA vendor portal,” – DPP Nordin Hajji
EACC regional manager, Mutembei Nyaga, confirmed that Nyoike, his wife, brother, and Obunga will be charged at the Mombasa anti-corruption court.
They will face conspiracy to commit an offense, with Nyoike facing abuse of office charges, failure to disclose the private interest to his principal, and dealing with suspect property.