Milimani Law Court/FILE
A magistrates court has acquitted former Kenya Pipeline MD Charles Tanui and former chief manager Elias Karumi over corruption allegations involving the irregular payment of Sh35 million for the supply of three transformers a decade ago.
In absolving the two, Milimani Magistrate Victor Wakumile said the evidence on record proved that the two were not privy to the deliberations of the tender committee that dealt with the procurement of the three auto transformers.
The contract was between the Kenya Pipeline Company and Redline Limited.
Kenya Pipeline sought to purchase new ones to replace damaged autotransformers. Tanui had claimed that the direct procurement of the three auto transformers was approved by the Tender Committee of Kenya Pipeline Company.
It was Tanui's case that he relied on the reports prepared by all the committees that took part in the tendering and procurement process, including the Head of the Technical and the Finance Department, and later established the procedures relating to procurement were followed.
Magistrate Wakumile, in analysing the evidence before the court, said because the two were not privy to the deliberations of the tender and inspection committee, they were not in a position to influence the decisions of the two committees in any way.
"They acted on the documents presented before them on basis of mutual trust and are therefore blameless," he said.
The magistrate ruled that there was no evidence to suggest that they abused their officers or benefited in any way from the payments.
"I find it rather weird that amid all exonerative evidence tendered by witnesses, the present charges were still preferred against Tanui and Karumi. The case against the two appears to be weaponised," the magistrate said.
"I shudder to imagine that it is possible for one to "give it all" in the course of employment only to end up being arraigned before court on charges premised on quick sand," he added.
Wakumile, in acquitting the two, however, placed the third accused person—Joshat Sirma—on his defense.
"I find a prima facie case has been established against the third accused. I shall not tender the reasons for doing so at this juncture," he said.
Tanui was facing abuse of office and wilful failure to comply with the procurement laws.
It was alleged that in 2014 he used his office to improperly confer a benefit to Redline by authorizing payment of Sh30 million in respect to a tender for supply, installation, and commissioning of line 2 station autotransformers without testing.
Tanui also faced a charge of willful failure to comply with the law relating to procurement.
It's alleged that he authorised payment of 261,070 Euros (Sh35 million) to Redline Limited for the supply, installation, and commissioning of line 2 station autotransformers without a written and signed contract.
Sirma, who has been found to have a case to answer, was accused of knowingly signing an inspection report without lawful authority, purporting it to be a genuine one certifying the works in respect to the tender.