Six individuals charged over alleged Sh348.9 million Homa Bay tender 'irregularities'

Six individuals linked to the alleged irregular award of a Sh348.9 million tender for the construction of the Homa Bay County Assembly office block were on Tuesday, January 20, presented before the Kisii Chief Magistrate’s Court.

The individuals, including former senior county officials and two directors of Hartland Enterprises Limited, were taken into custody on January 16 following investigations by the Ethics and Anti-Corruption Commission (EACC).

Those facing charges include Faith Adhiambo Apuko, who was serving as Acting Clerk of the Homa Bay County Assembly on June 24, 2021; Roseline Anyango Odhiambo, who was serving as County Executive Committee Member for Lands and Housing in August 2019; Patrick Tonui, Senior Superintendent Quantity Surveyor at the State Department for Public Works in April 2021; and Hartland Enterprises directors James Mumali Oyukah and Mary Pauline Oduor.

Also named in the charge sheet, though not present in court, is Odhiambo Daniel Kaudo, who was serving as Clerk of the Homa Bay County Assembly on February 10, 2022, and is listed as Person One in the proceedings.

According to EACC filings placed before the court, the individuals are alleged to have played various roles in the questioned award of a tender to Hartland Enterprises Limited during the 2019/2020 financial year.

The charge sheet states that Kaudo, while serving as Clerk on February 10, 2022, “used his office to improperly confer a benefit… by unlawfully awarding a tender sum not bid for.”

He is also named in additional counts relating to alleged failure to comply with procurement and public finance laws, including authorising payments without a valid performance guarantee.

Tonui is named over a second payment certificate dated April 15, 2021, which the prosecution says “certified that works had been undertaken,” allegedly conferring a benefit of Sh31.5 million to the contractor.

Apuko faces two counts, alleged abuse of office and alleged failure to comply with the Public Finance Management Act, over authorising a similar Sh31.5 million payment without a properly executed voucher and without confirmation of a performance guarantee.

Hartland Enterprises Limited and its directors, Oyukah and Oduor, are jointly named in connection with conflict of interest and unlawful acquisition of public property. The charge sheet states they allegedly received Sh66.7 million from the Homa Bay County Assembly for “works not done.”

Roseline Anyango Odhiambo is separately named over the issuance of a change-of-user document on August 6, 2019, allowing construction without an allotment letter.

Appearing before Chief Magistrate A. M. Obura, all present individuals entered pleas of not guilty to the charges. The court granted cash bail of Sh5 million each, or alternatively a bond of Sh30 million with a surety of similar amount.

The case will be mentioned on February 2, 2026.