UPDATE: The Director of Public Prosecutions Noordin Haji on Thursday August 27, ordered the arrest of former Kenya Ports MD Daniel Manduku over irregular procurement of works at the port.
In a statement, DPP Haji approved the prosecution of the former MD and a Works officer Juma Fadhili Chigulu over their involvement in procurement for the manufacture of concrete barriers at the inland container Depot, Kilindini Port and Makongeni Goodshed yard without a procurement plan and an approved budget for the financial year.
"I am satisfied that there is sufficient evidence to support charges for various criminal offences against the following persons. I therefore direct that the above suspects be apprehended and arraigned in court to face the charges against them," Haji disclosed.
Managing Director at the Kenya Ports Authority (KPA) Daniel Manduku, was freed on Tuesday, March 3, following an error at the courts.
Senior principal magistrate Kennedy Cheruiyot, adjourned the case after realizing that the name of the accused was not on the charge list.
It was further stated that the office of the Director of Public Prosecution failed to avail a charge sheet in court, with Law Society of Kenya President Nelson Havi, announcing that Manduku was released because there was no lawful arrest.
Havi had on Monday, March 2, protested the arrest of his client, taking to Twitter to air out his displeasure over how the entire arrest was carried out.
"DCI seized and is holding Daniel Manduku incommunicado since 2.00 p.m. Manduku was issued an order of anticipatory bail expiring on first appearance in Court. There can never be rule of law when law enforcement agencies disobey Court orders and violate a suspect’s right to counsel," he stated.
The KPA boss was arrested by officers from the Directorate of Criminal Investigations (DCI) unlawfully recommending the gazettement of the Nairobi Inland Cargo Terminal as a KPA facility.
A statement by DCI director, George Kinoti, confirmed that MD's arrest, “It is true he is under arrest. He is under investigation on fresh corruption charges, not the previous matter.”
Manduku had been arrested alongside Kenya Revenue Authority (KRA) commissioner for customs Kevin Safari, but both were released after the magistrate revealed that no charge had been registered.
Watch the proceedings leading to Manduku's release below:
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