The Ethics and Anti-Corruption Commission (Eacc) has moved to court seeking to recover Sh78.1 million paid by Kenya Ports Authority to a company over the procurement of a tender for excavation and concrete works.
Eacc says that procurement of Tender No.KPA/083/2015-16/CE was fraudulent and unlawful and payment of the money made to Mukitek Investment Ltd was unlawful as the contract that led to its payment was null from the beginning.
In its suit at the High Court in Mombasa, Eacc also wants a declaration that the procurement of works in the tender in favour of Mukitek Investments Ltd was unlawful and fraudulent.
Eacc also wants an order issued for forfeiture and restitution of the money (Sh78.1 million) paid to Mukitek Investments Ltd, to the government.
Apart from Mukitek Investments Ltd, the anti-graft agency has sued Mr Antony Muhanji, Stone Contractors Ltd and George Shuma. Telkom Kenya Ltd has been named as an interested party in the suit.
Eacc says that in the course of its investigations, it established that Mr Muhanji an employee of KPA holds an account with the National Bank of Kenya.
It further says that Mukitek Investments Ltd was incorporated on April 11, 2014, and that Mr Muhanji, Jasper Chekong’a, Nahashon Ngaruiya and Mr Paul Kibe were company directors.
It says the defendants jointly and severally facilitated and willfully participated in a corrupt enterprise with the aim of facilitating the procurement of the tender in favour of Mukitek through fraudulent and corrupt means to the prejudice of the government.
“The first defendant (Mukitek Investments Ltd) willfully and corruptly conspired with the second defendant (Mr Muhanji) to facilitate the unlawful procurement of concrete works in Tender No.KPA/083/2015-16/CE in favour of the first defendant,” part of the suit documents state.
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It also argues that Mukitek Investments Ltd presented misleading information to KPA in a bid to fraudulently influence the award of the tender