UPDATE Monday, May 11: Isaac Obunga, the clerical officer at the Kenya Ports Authority, and the institution's Manager Patrick Nyoike have been freed.
Citizen TV was the first to report that the duo had been released on Ksh2 million cash bail after pleading not guilty.
They were accused of abusing their offices through the embezzlement of Ksh214 million.
UPDATE: Isaac Obunga, the clerical officer at the Kenya Ports Authority and Jecinta Wanjiku Wambugu, wife to Patrick Wambugu Nyoike, the General Manager (Finance) have been arrested by EACC detectives.
According to a report by Citizen TV on Sunday, May 10, the two have been arrested alongside Patrick Wambugu, while the fourth suspect Alfred Hinga Nyoike has been directed to present himself to the nearest police station
The arrest comes in the wake of an announcement by the Office of the Director of Public Prosecutions (ODPP) connecting them to over Ksh214 million fraud.
According to a report released by the Office of the Director of Public Prosecutions (ODPP) on Sunday, May 10, Patrick Wambugu Nyoike made irregular payments totaling to Ksh214,548, 340.80. to Nyali Capital limited between October and March 2017.
The ODPP stated that the company is owned by Jacinta Wambugu Nyoike, wife to Patrick Wambugu.
He accused Wambugu of abusing his office and listing Nyali Capital Limited as one of the companies doing business with KPA and paid it Ksh214 million over a three-year period.
“Indeed, Patrick Wambugu Nyoike facilitated Nyali Capital Limited’s microfinance business to finance the KPA suppliers, Local Purchase Order (LPOs) and Local Service Orders (LSOs).
"Thereafter, he used the KPA system to have the principal and the interest from the said suppliers remitted to Nyali Capital Limited’s account by the KPA,” the report reads in part.
According to the ODPP, Wambugu did not disclose to the KPA that his wife Jacinta was the General Manager and his brother Alfred Hinga Nyoike one of the directors.
“This clearly demonstrates a conflict of interest on the part of Patrick Wambugu Nyoike, the General Manager Finance at KPA,” the ODPP’s statement adds.
The ODPP further added that there were no contractual relationships between KPA and Nyali Capital Limited save for letters of undertaking signed by KPA officers guaranteeing that KPA would subtract or remit funds to the account.
To be prosecuted alongside Wambugu are Isaac Obunga, the clerical officer at KPA alongside the three senior operatives at Nyali Capital, and also the company itself.
The ODPP directed that they all be immediately be arrested and arraigned in court.
The suspects will be facing charges of abuse of office; conspiracy to commit an offense of corruption, failure to disclose a private interest to his principal and dealing with suspect property.
