The prosecution has moved to court over an alleged major loss of public funds linked to the construction of the Homa Bay County Assembly office block, bringing several former county officials and a private company before the law.
The Office of the Director of Public Prosecutions says the case involves the misuse of hundreds of millions of shillings meant for a public project that was either not done or not done as claimed.
Those charged include former and serving officials of the Homa Bay County government as well as Hartland Enterprises Limited.
Among them are Odhiambo Daniel Kaudo, who served as Clerk of the County Assembly, Patrick Tonui from the State Department for Public Works, Acting Clerk Faith Adhiambo Apuko, County Executive Committee Member for Lands and Housing Roseline Anyango Odhiambo, Public Health Officer James Mumali Oyukah, and Principal Nurse Mary Pauline Oduor.
The prosecution says the accused persons played different roles in the alleged scheme.
According to court documents, Kaudo is accused of abusing his office on February 10, 2022 by unlawfully awarding Hartland Enterprises Limited a tender worth Ksh.348,927,840.
The prosecution argues that the tender was not competitively bid as required by law. Patrick Tonui is accused of certifying that construction works had been done even though no such work had taken place.
Faith Apuko is alleged to have facilitated payments to the contractor without proper documentation, while Roseline Anyango Odhiambo is accused of authorising the construction of the office block without a valid land allotment letter.
Kaudo and Apuko also face separate charges for failing to follow public finance management laws, including approving payments without a valid performance guarantee from the contractor.
James Oyukah and Mary Oduor, who are married, were charged with conflict of interest. The prosecution claims they acquired private interests in the tender through a company where they are directors.
Together with Hartland Enterprises Limited, they also face charges related to the unlawful acquisition of public property.
Prosecutors told the court that between September 2021 and April 2023, public funds amounting to Ksh.66,714,925 were paid for works that were never carried out.
All the accused pleaded not guilty before Kisii Chief Magistrate Mildred Obura.
The court granted bond terms, with most of the accused receiving a bond of Ksh.30 million with one surety of the same amount, while Mary Oduor was granted a bond of Ksh.5 million with two sureties.
The case will be mentioned on February 2, 2026.
Add Comment