HOMABAY, Friday, 26th January – The Ethics and Anti-Corruption Commission (EACC) has apprehended five individuals in connection with a massive tender fraud and conflict of interest scandal, over a Sh348,927,840 million earmarked for the construction of the Homabay County Assembly office block.
In a detailed statement issued today, the anti-graft authority named the accused as Faith Adhiambo Apuko (former County Assembly Clerk), Roseline Anyango Adhiambo (County Executive Committee Member for Lands), Patrick Tonui (former Quantity Surveyor from the Ministry of Public Works who served as Project Manager), James Mumali Oyukah (Director, Hartland Enterprises Ltd), and Mary Pauline Odukah (Director, Hartland Enterprises Ltd and spouse to Oyukah).
Stephen Karuga, the Head of Corporate Affairs and Communication at EACC, stated in a signed dispatch: “The commission received a report alleging conflict of interest and irregular award of the tender of the county assembly to Hartland Enterprises Ltd for the construction of the county assembly office block.”
According to EACC’s intensive investigations, the county assembly improperly awarded the lucrative tender to Hartland Enterprises Ltd. The firm, crucially, had direct ties to the assembly, as its listed employees were reportedly from the Homabay County Assembly itself. EACC further asserts that the company did not even provide a quoted price for the project.
A central allegation is that the county assembly proceeded to sign a contract with Hartland Enterprises Ltd in the absence of a valid performance guarantee. This grave procurement flaw allegedly paved the way for unlawful payments totalling Sh66,714,925.14 to be made to the contractor.
Following the conclusion of its probe, the EACC submitted the investigation file to the Office of the Director of Public Prosecutions (DPP). After a thorough review, the DPP sanctioned criminal charges against all five suspects. The arrested individuals are currently detained at Homabay Police Station for processing and are awaiting formal arraignment in court.
Separate from the criminal case, the EACC has highlighted an ongoing civil recovery suit filed before the Anti-Corruption and Economic Crimes Court (ACEC Suit No. 30 of 2022: EACC vs Hartland Enterprises Ltd et al.). This suit, initiated in 2022, seeks to compel the contractor and the implicated county officials to refund all unlawfully acquired public funds.
In a related development, the Commission has issued a public call for Mr David Odhiambo Kaudo, another former Clerk of the Homabay County Assembly, to present himself immediately at Homabay Police Station or at any EACC office nationwide.
