By Reporter
The Director of Public Prosecutions Renson Ingonga has charged six officials from Homa Bay County and a private company over the alleged embezzlement of Ksh348,927,840 meant for the construction of the Homa Bay County Assembly office block.
Those charged are Odhiambo Daniel Kaudo, a former Clerk of the Homa Bay County Assembly; Patrick Tonui, a Senior Superintendent Quantity Surveyor at the State Department for Public Works; Faith Adhiambo Apuko, the Acting Clerk of the Homa Bay County Assembly; Roseline Anyango Odhiambo, the County Executive Committee Member for Lands and Housing; James Mumali Oyukah, a Public Health Officer with the County Government of Homa Bay; Mary Pauline Oduor, a Principal Nurse at Homa Bay County Referral Hospital; and Hartland Enterprises Limited.
The accused persons face multiple charges, including abuse of office, wilful failure to comply with laws and regulations governing the management of public funds, conflict of interest, and unlawful acquisition of public property.
The court heard that on 10th February 2022, in Homa Bay County, Kaudo, while serving as the Clerk of the County Assembly, abused his office by improperly conferring a benefit to Hartland Enterprises Limited. The prosecution noted that Kaudo unlawfully awarded the company Tender No. HBCA/T/W6/2018–2019 for the proposed construction of the Homa Bay County Assembly office block at a cost of Ksh348,927,840, despite the tender sum not having been competitively bid for.
The court heard that Patrick Tunoi abused his office by certifying that construction works had been undertaken when this was not the case. Faith Adhiambo Apuko was accused of abusing her office by facilitating payments to the contractor without a properly executed payment voucher. Roseline Anyango Odhiambo was charged with authorising the construction of the County Assembly office block without a valid allotment letter.
In addition, Kaudo and Apuko were separately charged with wilful failure to comply with laws and regulations applicable to the management of public funds. The prosecution alleged that they failed to ensure compliance with mandatory requirements, including the submission of a valid performance guarantee by Hartland Enterprises Limited before authorising payments.
James Mumali Oyukah and Mary Pauline Oduor a couple, were charged with conflict of interest after allegedly acquiring private interests in the tender through a company in which they are directors.
Hartland Enterprises Limited, together with Oyukah and Oduor, also faces charges of unlawful acquisition of public property. The prosecution told the court that between 15th September 2021 and April 2023, the accused persons unlawfully acquired public funds amounting to Ksh66,714,925 from the Homa Bay County Assembly for works that were not carried out.
All the accused persons pleaded not guilty to the charges before Kisii Law Courts Chief Magistrate Hon. M. Obura. Given the seriousness of the offences, the prosecution led by Solomon Njeru, and Victorine Kitoto urged the court to impose stringent bond terms to which the court agreed and granted a bond of Ksh30 million with one surety of a similar amount to Odhiambo Daniel Kaudo, Faith Adhiambo Apuko, Patrick Tunoi, James Mumali Oyuka, Roseline Anyango Odhiambo and Hartland Enterprises limited. Mary Pauline Oduor was granted a bond of Ksh5 million with two sureties of a similar amount.
The case will be mentioned on 2nd February 2026.
