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National Industrial Training Authority (NITA) director general Stephen Ogenga and three others have been charged over a multi-million graft case.

Ogenga, Xponics Limited, James Waweru and Sheila Wambui Nyakinyua were charged at the Milimani Anti-corruption Court on Monday, June 3, 2024.

Ogenga and his co-accused were arrested on Saturday, June 1, 2024, by the Ethics and Anti-Corruption Commission (EACC) over allegations of irregular award of tender number NITA/12/2017-2018 for the supply, installation, and maintenance and of sewing and training machines by the National Industrial Training Authority (NITA) to M/s Xponics Limited at a contract sum of Ksh28,411,620 during the 2017/2018 financial year.

During the arrest, Elizabeth Achieng was also arrested for trying to obstruct EACC officers from arresting Ogenga.

“Relatedly, the Commission has arrested one Elizabeth Achieng who attempted to obstruct EACC officers during the arrest of Stephen Ongenga. In her case, appropriate action will be taken upon conclusion of the investigation,” EACC spokesperson Eric Ngumbi said on Saturday.

The court heard that between January 31, 2019, and March 29, 2019, Ogenga, being the director general of the National Training Authority, improperly conferred a benefit of Ksh4,800,654 to Xponics Limited by authorizing payments to the said company in respect of the tender for the supply, delivery, installation, commissioning, training, service, maintenance, and repair of sewing and training machines.

The three others, Xponics Limited, James Waweru and Sheila Wambui Nyakinyua were charged separately with a fraudulent accusation of public property, to wit Ksh10,189,064.69, by presenting a falsified bid to ensure an unfair advantage in respect to the tender.

“Xponics Limited, James Waweru and Sheila Wambui Nyakinyua were charged with an additional count of fraudulent practice contrary to Sections 66(1) and (2) of the Public Procurement and Asset Disposal Act, 2015. The particulars are that between 31st December 2016 and 20th June 2018, being a limited liability company and its directors respectively, they engaged in fraudulent practice by submitting a bid in respect of tender No. NITA/12/2017-201 for the supply, delivery, installation, commissioning, training, maintenance, and repair of sewing machines for the financial years 2017 and 2018,” the Office of the Directorate of Public Prosecutions stated on Monday.

NITA boss, co-accused released

The accused persons pleaded not guilty to the charges before Justice Zipporah Gichana and were granted a Ksh3 million bond with a surety of a similar amount with an alternative cash bail of Ksh1 million each.

They were also directed to deposit their passports at the court registry and not interfere with witnesses.

The court also directed Paul Kipsang Kosgei, former NITA Director General, who was absent in court today, to appear in court on Wednesday, June 5, 2024, for plea-taking.

The case is scheduled for pretrial on June 19, 2024.