Bomas of Kenya’s Chief Executive Officer has been charged at a Nairobi court facing charges of failure to comply with the law relating to procurement.
Peter Gitaa Koria appeared before the Milimani senior principal magistrate Thomas Nzioki and denied the seven counts of breaching section 44 (2) (a) of the Public Procurement and Asset Disposal 2015.
The prosecution told the court that on diverse dates between December 29, 2020, and June 30, 2021, being the CEO and the accounting officer of Bomas of Kenya Limited willfully failed to comply with the law relating to procurement and asset disposal by approving a budget that had not been authorized.
In the procurement, Koria allowed the purchase of assorted kitchen items and cutlery in the financial year of 2020/2021.
The CEO was further charged with failing to appoint an ad hoc inspection and acceptance committee about the purchase of the assorted utensils.
He allegedly committed the offence between February 4, and March 3, 2021.
The magistrate further added that Koria failed to comply with the Procurement Act 2015 by failing to appoint another ad hoc committee for the purchase of utensils in the period covering December 29, 2020, and March 4, 2021.
The other offenses regarding the purchase of the kitchen wares were committed during the said period.
Defense lawyers Ken Nyaundi, Danstan Omari, and Brian Khaemba applied for his release on bond saying the prosecution is mooted by malice.
The high court judge Mathew Nderi had stopped the prosecution and halted the removal from office of Koria,
“This trial is mooted by malice since the High Court had barred the removal of Koria from office,” said Omari.
On his part Nyaundi pleaded for the grant of bond to the accused saying that police barricaded the Bomas Office of the accused to effect arrest when the DPP knew that the prosecution had been stopped, the suspension quashed and now “they want to go against the grain of the law.”
Dr. Nyaundi told Nzioki the law requires both the DPP and the EACC to down their tools once the High Court pronounces itself on the matter of suspension and procurement of the kitchen cutlery.
Khaemba and Omari told the magistrate that Koria had been in suspension since November last year without any pay,
“This man is poor and cannot afford a high amount of bond. He has been languishing at his rural home without any salary. The government violated his rights by denying him half salary while he was under investigation.” Omari told the graft court.
In response, the prosecution cushioned both the DPP and EACC saying investigations were done and the accused was found culpable thus the present case.
The prosecutor did not oppose the release of the accused on bond saying “it is his constitutional right as captioned under article 49 of the constitution.”
In his ruling, Nzioki said the prosecution is not opposed to the release of the accused on bond.
He proceeded to grant him a bond of Sh 5 million with alternative cash bail of Sh 1 million.
The matter will be mentioned on May 9, 2024.