Oversight: DPP fails to link six senior Nakuru county officials to Sh 120 procurement scandal
Seven current and former senior officials of the Nakuru County Government and a contractor arrested over alleged Sh 120 million procurrement fraud being held at the Ethics and Anti-Corruption Commission (EACC) Regional offices in Nakuru
Chief Officer Medical Services, Daniel Wainaina, Chief Officer for Roads Kennedy Barasa, Timothy Kiogora Murithi, Director Youth Affairs Josphat Kimemia, City Mansgeg Gitau Thabanja and Dr Solomon Sirma are among six Nakuru County officials whose corruption charges have been withdrawn, barely two months after they were charged in a Sh120.4 million procurement scandal.
A Nakuru Chief Magistrate’s Court on Monday allowed the Office of the Director of Public Prosecutions (ODPP) to withdraw five corruption charges against the six officials, bringing their prosecution on the affected counts to an end.
The decision followed an application by the DPP under Section 87(a) of the Criminal Procedure Code, with the prosecution arguing that a review of the evidence had failed to establish a link between the transactions under investigation and any specific tender or procurement process.
The court allowed the application and ordered the case against the six officials closed, with their bail and bond deposits to be refunded.
However, the decision came despite objections from the Ethics and Anti-Corruption Commission (EACC), which told the court it had not been formally notified of the intended withdrawal.
The commission sought an opportunity to review the application and obtain instructions before responding, citing the public interest surrounding the case and its role as the investigating agency.
However, the prosecution maintained that the available evidence was insufficient to link the transactions to the procurement processes in question.
The six had been arrested and charged with alleged conflict of interest and procurement irregularities involving 29 county contracts valued at approximately Sh120.4 million.
The contracts were awarded to Denken Building and Construction Limited, Murinchamba Investments Limited and Windcom Solutions Limited between the 2020/2021 and 2024/2025 financial years.
The contracts included the supply of medical equipment at Rift Valley Provincial General Hospital, renovation works at Langalanga Health Centre, and proposed desilting and construction works at Gituro Dam.
The investigation centered on allegations of conflict of interest involving Lorna Karamuta Mubichi, an economist employed by the county government, and companies associated with her husband, Kenneth Murithi Ndubi.
The EACC had alleged that the companies secured county contracts while Lorna was serving as a public officer, raising questions about potential conflicts of interest and the management of public procurement.
Defence lawyers supported the application to withdraw the charges.
The case against the remaining accused persons, including Lorna Karamuta Mubichi, an economist employed by the county government, her husband Kenneth Murithi Ndubi, and Brian Mwenda Ndubi, a director of Windcom Solutions Limited, remains pending.
The matter is scheduled for hearing on March 8, 2027.