A high-profile corruption case involving Ksh 292 million in procurement fraud for a major water project in Kitui County has been dismissed after the Director of Public Prosecutions (DPP) dropped all charges. The case, which involved Fredrick Tito Mwamati, CEO of the Tanathi Water Works Development Agency, and several senior officials, was halted following a contentious review of the evidence.
The dismissal came after a prolonged legal battle between the Ethics and Anti-Corruption Commission (EACC) and the DPP at the Kitui Anti-Corruption Court. Initially, the DPP had approved the prosecution, citing sufficient evidence of procurement malpractice. A press release dated June 29, 2024, called for the immediate arrest and arraignment of Mwamati and others.
The allegations centered around fraudulent tendering for the Kananie Leather Industrial Park Water Supply project during the 2020/2021 fiscal year. According to the EACC's investigation, the Ksh 292 million contract was awarded to Perma Structural Engineering Company Ltd, a company found to be non-responsive during the bidding process. Mwamati and his co-accused faced charges of conspiracy to commit corruption, abuse of office, and fraudulent acquisition of public property.
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In a surprising twist, the DPP agreed to review the evidence at the request of Mwamati and his co-accused. Following this review, the DPP concluded that the evidence was insufficient to proceed with prosecution and withdrew the charges. This decision prompted strong opposition from the EACC, which argued that the evidence remained compelling and that the case should continue. The EACC accused the DPP of betraying public trust and disregarding the public interest by dropping the case.
Despite the EACC's objections, the Kitui Anti-Corruption Court ruled in favor of the DPP on October 2, 2024, leading to the dismissal of the case. The corruption allegations came to light after the EACC uncovered procurement irregularities in the awarding of the water supply project contract to Perma Structural Engineering Company Ltd.
Mwamati and several other Tanathi Water Works officials, including senior managers in various departments, were initially charged with nine counts of corruption-related crimes. These included conspiracy to commit corruption, abuse of office, and violations of the Anti-Corruption and Economic Crimes Act and the Public Procurement and Asset Disposal Act. Directors of Perma Structural Engineering Company Ltd and Antidote Agencies Ltd were also implicated in the scandal, facing charges of conspiracy to commit economic crimes and fraudulent acquisition of public property.
