A Nairobi based Anti-Corruption court has dismissed the Sh1.9billion Kisumu Oil Jetty corruption case filed by the state against former Kenya Pipeline Company Managing Director Joe Kimutai Sang and five senior managers.
Trial magistrate Victor Wakumile ruled that there was no evidence to support the allegations of abuse of office, engaging in a project without prior planning and willful failure to comply with applicable laws and guidelines relating to management of public funds.
The magistrate found that the Sh1.9billion project was undertaken within the planned budget and that no public funds were lost.
The court case rose from the construction of the pipeline at a cost of Sh1,963,065,422 and the award of the contract to Southern Engineering Company Limited.
The magistrate said that Sang and the former managers delivered the project and that prosecution witnesses were consistent that there were no malpractices.
He said the project was planned for in 2006 and the same was contained in the KPC limited strategic plan for 2009/2010 and 2011.
He dismissed the prosecution’s allegations that the accused engaged in the project without prior planning contrary to the Anti-Corruption and Economic Crimes Act.
The magistrate dismissed claims that Sang illegally authorised payments noting that no payment was made to the contractor beyond the approved budget of Sh1.9billion and that each payment was made within the budget.
Sang was charged alongside company secretary Gloria Khafafa, Head of Procurement Vincent Cheruiyot, procurement manager Nicholas Gitobu, General Manager Finance Samuel Odonyo and General Manager in charge of infrastructure Billy Aseka.
