By KPC Correspondent
Six individuals and a private company have been charged in connection with the alleged embezzlement of Ksh348,927,840 meant for the construction of the Homa Bay County Assembly office block.
The Director of Public Prosecutions (DPP), Renson Ingonga, approved the charges against the six Homa Bay County officials and Hartland Enterprises Limited following investigations into the handling of funds allocated to the project.
Those charged are Odhiambo Daniel Kaudo, a former Clerk of the Homa Bay County Assembly; Patrick Tonui, a Senior Superintendent Quantity Surveyor at the State Department for Public Works; Faith Adhiambo Apuko, the Acting Clerk of the County Assembly; Roseline Anyango Odhiambo, the County Executive Committee Member for Lands and Housing; James Mumali Oyukah, a Public Health Officer with the Homa Bay County Government; Mary Pauline Oduor, a Principal Nurse at Homa Bay County Referral Hospital; and Hartland Enterprises Limited.
The accused face multiple counts, including abuse of office, wilful failure to comply with laws governing the management of public funds, conflict of interest, and unlawful acquisition of public property.
The prosecution told the court that on 10 February 2022, Kaudo, while serving as Clerk of the County Assembly, abused his office by unlawfully awarding Hartland Enterprises Limited Tender No. HBCA/T/W6/2018–2019 for the proposed construction of the Assembly office block at a cost of Ksh348,927,840, despite the tender sum not having been competitively bid for.
Patrick Tonui is accused of certifying that construction works had been undertaken when this was allegedly not the case.
Faith Adhiambo Apuko was charged with facilitating payments to the contractor without a properly executed payment voucher, while Roseline Anyango Odhiambo is accused of authorising the construction without a valid allotment letter.
Kaudo and Apuko were further charged with wilful failure to comply with public finance management laws after allegedly authorising payments without ensuring the submission of a valid performance guarantee.
James Mumali Oyukah and Mary Pauline Oduor, a couple, were charged with conflict of interest after allegedly acquiring private interests in the tender through a company in which they are directors.
Together with Hartland Enterprises Limited, they also face charges of unlawful acquisition of public property.
The prosecution said that between 15 September 2021 and April 2023, the accused persons unlawfully acquired public funds amounting to Ksh66,714,925 from the Homa Bay County Assembly for works that were not carried out.
All the accused pleaded not guilty before Kisii Law Courts Chief Magistrate M. Obura.
The court granted a bond of Ksh30 million with one surety of a similar amount to Kaudo, Apuko, Tonui, Oyukah, Roseline Anyango Odhiambo and Hartland Enterprises Limited, while Mary Pauline Oduor was released on a bond of Ksh5 million with two sureties of a similar amount.
The case will be mentioned on 2 February 2026.