EACC goes after Homa Bay officials, contractor over alleged KShs. 36 million graft
The Ethics and Anti-Corruption Commission (EACC) has filed a High Court suit seeking KShs. 36,270,032.68 in misappropriated funds by Homa Bay County Assembly officials working with a private contractor.
In documents seen by NTV, EACC says the County Assembly of Homa Bay paid the sum to Hartland Enterprises Limited, a private contractor, for work that was not completed.
According to EACC, a KShs. 36,270,032.68 overpayment was made in relation to a tender for the construction of the Homa Bay County Assembly Office Block for a total of KShs. 348,927,840.
EACC is suing Hartland Enterprises Limited and Odhiambo Daniel Kaudo, a former clerk of the Homa Bay County Assembly, to recoup the funds.
James Mumali Oyukah (Director Hartland Enterprises Limited), Mary Pauline Oduor (Director Hartland Enterprises Limited), Faith Adhiambo Apuko (Clerk of Homa Bay County Assembly), and Patrick Tonui (Project Quantity Surveyor, Ministry of Transport, Infrastructure Housing, Urban Development and Public Works) are among those mentioned in the suit.
According to EACC’s findings, on July 10, 2019, Hartland Enterprises Limited signed a contract with the Homa Bay County Assembly Service Board for the construction of MCA offices. The contractor is stated to have received payment in two instalments: KShs. 35,117,320 on June 25, 2020, and KShs. 31,597,605.14 on June 30, 2021, hence a total of KShs. 66,714,925.14.
After assessing and evaluating the project, the commission determined that the gross value of the work done and materials on site was only KShs. 30,444,892.46 whereas the gross amount paid to the contractor was KShs. 66,714,925.14. As a result, the Contractor was inappropriately paid KShs. 36,270,032.68.
EACC requested an injunction from the court for a liquidated sum of KShs. 36,270,032.68 plus interest for irregular payments made to the contractor and also wants a forfeiture order for KShs. 13, 511,262.03 held at Cooperative Bank in the name of Hartland Enterprises Limited as part of the total sum.
On August 29, 2022, Justice Daniel Ogembo of the High Court granted EACC’s request to freeze KShs. 13, 511,262.03 belonging to the contractor and requested that the orders remain in effect until the case is heard and determined.
The case will be heard on September 27, 2022.
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