The Anti-Corruption Court on Tuesday directed a Sh 1.4 billion graft case against former Kenya Ports Authority managing director Daniel Manduku to proceed on April 4 without further delay.
The case was scheduled for hearing before senior principal magistrate Victor Wakumile but could not proceed because Manduku, who is MP for Nyaribari Masaba, was said to be sick.
His co-accused Juma Fadhili Chigulu was present in court.
The court was informed that Manduku has been given five days bed rest by a doctor at Kisii County Teaching and Referral Hospital.
However, the prosecution told the court that they were ready to proceed with the hearing with two witnesses who travelled all the way from Mombasa to testify in the case.
But the magistrate allowed the defence application for adjournment.
He ordered the case to proceed on April 4 without further delay.
Manduku and Chigulu have denied the charges.
Last year, the DPP, through senior state prosecutor Eva Kanyuira, told the court they will seek to prove that Manduku's action caused the state to lose Sh1.4 billion.
"This is a case of clear misuse of public office through deliberate violation of procurement process, laws, rules and regulations," she said.
The prosecution told the court that Manduku and Chigulu are charged with offences under the Anti-Corruption and Economic Offences Act.
The crimes include engaging in a project without prior planning, wilful failure to comply with applicable laws, procedures and guidelines relating to procurement and abuse of office.
The acts were committed at the KPA headquarters in Mombasa between March 29 and August 22, 2019.
The DPP said the case relates to the procurement of the manufacture of concrete barriers with a contractual sum of Sh1,420,730,721.81.
The project was not within the KPA's approved budget for the 2018-19 financial year and had not been planned for by the ports authority.
"We have evidence to prove that the Sh1.4 billion was never budgeted for or planned in the procurement plan of KPA in the financial year 2018-19," the DPP said in opening remarks.
She told the court that the prosecution had evidence to prove that Manduku disregarded the procurement law and regulations in awarding contracts.
The court heard that apart from causing the KPA to spend money that had not been budgeted for, the actions of the second accused Chigulu led to the overpayment of Sh244,837,908.59.
It is a subject matter of count three in the case.
"Prosecution will render evidence to show Manduku disregarded the procedures known in law and authorised expenditure in respect to monies meant for other activities thereby distorting the KPA budget," the DPP said.
Kanyuira said the case, which centres on lack of planning and budgeting, caused an out of control spending which saw money being drawn from votes that were not meant for that purpose.
"To prove this, the prosecution will be calling 41 witnesses drawn from various departments within KPA and other organisations as well as procurement tender documents," the DPP said.
Among the key witnesses are former KPA acting head of ethics and integrity Joseph Okhako and KPA board chairman Joseph Kibwana.
He further told the court that they will prove to the court that the second accused had motive and opportunity to commit the offences stipulated in the charge sheet.