The Ethics and Anti-Corruption Commission (EACC) has moved to court seeking to recover Sh78.1million paid by Kenya Ports Authority to a company over the procurement of a tender for excavation and concrete works.
EACC says that procurement of Tender No.KPA/083/2015-16/CE was fraudulent and unlawful and payment of the money made to Mukitek Investment Ltd was unlawful as the contract that led to its payment was null from the beginning.
The anti-graft agency also wants an order issued for forfeiture and restitution of the money (Sh78.1 million) paid to Mukitek Investments Ltd, to the government.
In the suit filed at the High court in Mombasa, EACC also wants a declaration that the procurement of works in the tender in favour of Mukitek Investments Ltd was unlawful and fraudulent.
“The first defendant (Mukitek Investments Ltd) willfully and corruptly conspired with the second defendant (Mr Muhanji) to facilitate the unlawful procurement of concrete works in Tender No.KPA/083/2015-16/CE in favour of the first defendant,” part of the filed documents read.
It also argues that Mukitek Investments Ltd presented misleading information to KPA in a bid to fraudulently influence the award of the tender.
