Nine former senior officials of the Communications Authority of Kenya (CA) will now have to defend themselves over alleged procurement flaws in the renovation of a structure for the agency at the Nairobi ASK showground five years ago.
Senior principal magistrate E.K. Nyutu ruled Tuesday that the nine, including former assistant director of procurement Joyce Nyambache, have a case to answer.
Others are Peris Nkonge, Stanley Kibe, John Omo, Leo Kibet, Mutua Muthusi, Vincent Ikovo, Jane Cheptanui and Philip Kipkemoi.
Mr Omo was the commission secretary while Mr Muthusi was the director, consumer and public affairs at the authority.
The others were tender committee members.
They are accused of failing to comply with the law while procuring the services for the renovation of the CA’s stand at the ASK showground in Nairobi in September 2014.
Ms Nyambache is alleged to have failed to report direct procurement of value exceeding Sh500,000 within the stipulated time to the Public Procurement Oversight Authority.
She is further accused of failing to issue notice to all bidders that the tender had been terminated as required by law.
The rest are charged with failing to adhere to the requirements provided for use of direct procurement.
They were charged in May last year and were released on cash bail of Sh500,000 each. The prosecution called a total of 19 witnesses.
In the ruling, the magistrate said putting the accused on their defence gives them an opportunity to state their case.
“I have carefully considered the evidence on record as well the written submissions of the parties and I am satisfied that the prosecution has established a prima facie case to warrant the accused persons to be put on their defence,” the magistrate ruled.