By Andrew Kariuki
Six officials linked to the Homa Bay County Government and a private construction firm have been arraigned in court over the alleged misappropriation of funds set aside for the construction of the Homa Bay County Assembly office complex.
The accused were presented before Kisii Law Courts, where they denied multiple charges arising from the handling of Ksh348,927,840 allocated to the project.
Those charged are Odhiambo Daniel Kaudo, a former Clerk of the Homa Bay County Assembly; Patrick Tonui, a Senior Superintendent Quantity Surveyor at the State Department for Public Works; Faith Adhiambo Apuko, the Acting Clerk of the County Assembly; Roseline Anyango Odhiambo, the County Executive Committee Member for Lands and Housing; James Mumali Oyukah, a Public Health Officer with the Homa Bay County Government; Mary Pauline Oduor, a Principal Nurse at Homa Bay County Referral Hospital; and Hartland Enterprises Limited.
According to the prosecution, the accused face charges including abuse of office, wilful failure to comply with public finance laws, conflict of interest, and unlawful acquisition of public property.
It is alleged that the officials authorised payments to Hartland Enterprises Limited without ensuring compliance with statutory procurement requirements, including the submission of a valid performance guarantee.
James Oyukah and Mary Oduor, who are spouses, were separately charged with conflict of interest after investigators alleged that they acquired private interests in the tender through a company in which they are directors.
The two, together with Hartland Enterprises Limited, are also accused of unlawfully acquiring public funds.
Prosecutors told the court that between September 15, 2021 and April 2023, the accused persons allegedly received Ksh66,714,925 from the Homa Bay County Assembly for works that were either not undertaken or not completed as required under the contract.
Appearing before Chief Magistrate Mildred Obura, all the accused persons entered pleas of not guilty.
The prosecution, led by counsels Solomon Njeru and Victorine Kitoto, applied for strict bond conditions, citing the magnitude of the alleged loss and the public interest involved.
The court granted a bond of Ksh30 million with one surety of a similar amount to Kaudo, Apuko, Tonui, Oyukah, Roseline Odhiambo and Hartland Enterprises Limited.
Mary Oduor was released on a bond of Ksh5 million with two sureties of a similar amount.
