Former Kenya National Trading Corporation (KNTC) Managing Director (MD) Pamela Nduku Mutua was on Tuesday charged with procurement irregularities in relation to the edible oil scandal of 2022.
Mutua was Monday evening arrested alongside KNTC the manager of Supply, Chain and Logistics Amos Juma Sikuku.
They were reportedly taken to the Directorate of Criminal Investigations and processed before being taken into custody.
It is alleged that the two spent their nights at the Muthaiga police station ahead of their planned prosecution.
Mutua appeared before Milimani Anti-corruption Chief Magistrate Thomas Nzioki and denied five counts of charges.
She is accused of willful failure to comply with applicable laws relating to procurement contrary to section 45 (2) (b) as read with section 48 of the Anti-Corruption and Economic Crimes Act of 2006.
According to the charge sheet, on December 5, 2022, within the republic of Kenya, being the MD and the accounting officer of the KNTC, you willfully failed to comply with the law relating to the procurement, to wit by failing to report to the PPRA after issuance of notification of award to Purma Holdings Limited.
In the three other charges, Mutua is accused of committing similar offences by failing to report to PPRA after the award of tenders to three other companies- Multi Commerce FZC, Standard Petroleum LLC and Makram Imports and Exports which she is accused of committing on the same date.
The suspect is also accused of failing to comply with section 104 (c) of the Public Procurement and Asset Disposal Act (PPAD) of 2015 by failing to obtain the requisite approval before the commencement of procurement of bulk commodities. She is accused of committing the offence on November 8, 2022.
Mutua, charged alongside the KNTC former Supply chain and logistics manager Amos Sikuku, is facing a charge of abuse of office in contravention of section 101 as read with section 102 (a) of the Penal Code.
The prosecution said that on November 16, 2022, within the republic of Kenya, being the Supply Chain manager of KNTC you arbitrarily issued a professional opinion in a tender of bulk commodities that was prejudicial to the interests and rights of the republic,” reads the charge against Sikuku.
The suspects denied the charges and pleaded for lenient cash bail.
Through their lawyer, Magistrate Nzioka was told to take notice that there is no charge of conferment of any payments or fraudulent acquisition of public property in the charges and no public money was lost.
The lawyer added that the media had reported that the two were to face charges of loss of millions yet the charge sheet in court did not mention any amounts of money, pleading with Nzioka to caution the media to remain factual in reportage of the matter.
The court released Mutua on a bond of Sh5 million and an alternative cash bail of Sh1.5 million.
Sikuku was released on a bond of Sh1 million and an alternative cash bail of Sh500,000.
The case will be mentioned on August 12.
