Six suspects, including former Sports Principal Secretary Peter Kirimi Kaberia, have denied charges linked to the alleged embezzlement of Sh330.5 million meant to prepare Kenya to host the 2018 Africa Nations Championship (CHAN).
The suspects were arraigned at the Milimani Anti-Corruption Court on Tuesday, September 8, following their arrest by the Ethics and Anti-Corruption Commission (EACC).
They appeared before Milimani Anti-Corruption Court Magistrate Isabella Barasa for plea-taking and denied charges arising from the procurement and payment of a tender for security and other systems at stadia selected to host the continental tournament.
The six are former Sports Principal Secretary Peter Kirimi Kaberia, former Senior Principal Finance Officer Stephen Njoroge Muthuma, former Director of Administration Harun Chebet Komen, former Principal Accountant Enock Onditi Ondwari, former Senior Superintendent Engineer at Sports Kenya John Kiende Ruga and Auditel Kenya Director Marcos Gonzalez Puente.
They are accused of conspiring to commit an economic crime contrary to Section 47A(3), read with Section 48 of the Anti-Corruption and Economic Crimes Act.
According to the charge sheet, the alleged offence took place between January 23, 2017 and January 19, 2018 in Nairobi.
“Between January 23, 2017 and January 19, 2018 within Nairobi City County in the Republic of Kenya, being the Principal Secretary, the Senior Principal Finance Officer, Director of Administration, Principal Accountant, all officers of the Ministry of Sports, Culture and The Arts, State Department for Sports, a Senior Superintendent Engineer at Sports Kenya, the director of Auditel Kenya and Auditel Kenya's Local Representative, you jointly conspired to commit a corruption offence, namely embezzlement of $3,154,322.40 (Sh330,573,997.52/=),” the charge sheet reads.
The prosecution alleges that Sh330.5 million in public funds was paid to Auditel Kenya as an advance under a tender for the supply, testing, commissioning and supervision of security access control, communication, audio-visual and pitch lighting systems.
The systems were intended for five stadia that had been selected to host CHAN 2018.
The prosecution further alleges that the ministry officials used their positions at the Ministry of Sports and Sports Kenya to facilitate the alleged irregular transactions.
Puente is accused of taking part in the transactions in his capacity as director of Auditel Kenya.
The suspects also face additional charges, including abuse of office, unlawful acquisition of public property and wilful failure to comply with procurement laws.
They are further accused of acquiring proceeds of crime under the Proceeds of Crime and Anti-Money Laundering Act, as well as financial misconduct.
The case follows investigations by the EACC into the use of money allocated for Kenya's preparations to host the continental tournament.
After completing its investigations, the EACC submitted the file to the Office of the Director of Public Prosecutions (ODPP) for consideration.
The ODPP later approved charges against 10 individuals and several companies after reviewing the evidence gathered during the investigations.
The DPP said the decision was reached after an “independent and thorough evaluation of the evidence” and that there were sufficient grounds to prosecute the suspects and companies linked to the case.
The six suspects denied all the allegations when they appeared before the anti-corruption court on Tuesday.