Nyaribari Masaba Member of Parliament (MP) Daniel Manduku now wants the Director of Public Prosecutions (DPP) Noordin Haji to drop the Ksh1.4 billion graft charges against him.

Manduku, who is the former Kenya Ports Authority (KPA) Managing Director wants the DPP to review the criminal charges on grounds that there is insufficient evidence to support the corruption charges.

The new twist comes after his lawyers on Tuesday, November 1, 2022 told trial magistrate Victor Wakumile that they had already written to the DPP seeking the review.

The planned hearing of the case failed to take off after the defence lawyers said that there is possibility of the DPP to withdraw the charges.

“We are seeking adjournment for today’s proceedings. We have written to the DPP a letter which seeks to review the criminal proceedings herein, and if the review is considered by the DPP, there is the probability of the charges being withdrawn,” Manduku’s lawyer said.

Prosecutor Evah Kanyuira confirmed their office had received the letter and sought more time for his boss to give further directions in the case.

“I confirm that we have received a letter from the firm of senior counsel James Orengo Advocates who are representing Manduku. I have not been able to peruse the letter and we plead with the court to give us time to review the letter and see if it will have any impact on this case,” said the prosecutor.

The magistrate allowed the request and fixed the case be heard on November 29.

The court, however, declined Manduku’s request to release his passport following his election as a MP.

Wakumile urged him to file a formal application stating that the return of the travel documents, which were deposited in court as part of the bond terms, is not automatic.

“I agree entirely with the DPP. It doesn’t mean that whenever you are an MP you can get back your passport. Whenever you need it, you make an application and you will get it. The application by the defense to have this court release the passport to the accused person is hereby dismissed, ” said Wakumile.

Manduku accomplices

In the case, Manduku is charged alongside a former KPA officer Juma Fadhili Chigulu over allegations of engaging in a project without prior planning, wilful failure to comply with applicable laws, procedures, and guidelines relating to procurement, and abuse of office.

It is alleged that the duo commenced procurement of the manufacture of concrete barriers with a contractual sum of Ksh1,420,730,721.81 without prior planning and without following procurement laws.

The prosecution claims that the project was not within the KPA’s approved budget for the 2018/2019 financial year and had not been planned for by the port’s authority.

Manduku and his co-accused are said to have committed the offences at the KPA headquarters in Mombasa between March 29 and August 22, 2019.