The Director of Public Prosecutions (DPP) has justified withdrawing a Ksh 292 million case against Fredrick Mwamati, chief executive of the Tana and Athi Water Works Development Agency, and nine others. The decision to withdraw the case has, however drawn criticism from the Ethics and Anti-Corruption Commission (EACC), which argued that the DPP’s decision was unwarranted, citing insufficient evidence and no loss of public funds.
The case centered on allegations of procurement fraud linked to a tender for the Kinanie Leather Industrial Park Water Supply Project, valued at Ksh 292.7 million. DPP Renson Ingonga noted that a court ruling indicated the EACC could not serve as both investigator and complainant in the same case, emphasizing that the state, represented by the DPP, is the proper complainant in criminal matters. Mr. Ingonga highlighted that the court found the DPP provided adequate justification for withdrawing the case, considering affidavits from both the DPP and the EACC.
Chief Magistrate David Mburu stated that the EACC failed to present compelling evidence against the DPP’s assessment of the project’s status. He concluded that the DPP acted in the public interest to prevent misuse of the legal process.
Following a thorough review of the case, senior prosecution counsel Kennedy Panyako requested the withdrawal of charges based on a June 23, 2024, letter from the accused parties. This case being heard at the Kitui Anti-Corruption Court has ignited a debate regarding the effectiveness of the criminal justice system in addressing corruption and procurement issues.
The EACC condemned the DPP’s action as an abuse of court processes and a betrayal of public trust. In their court affidavit, they asserted that the DPP’s decision to cease prosecution lacked good faith and was not supported by new evidence exonerating the accused. The EACC insisted that the original evidence, which had been previously reviewed and approved by the DPP, remained valid for prosecution.
Mwamati faced charges alongside several others, including senior managers from the agency and directors of two companies involved in the tender process. On June 29, the DPP indicated that there was adequate evidence to prosecute Mwamati and his associates for procurement irregularities during the 2020/21 financial year, implicating them in the fraudulent awarding of the tender to a non-responsive bidder.
