By Habil Onyango
The graft case implicating five former Homa Bay County employees and a contractor has been transferred to Kisii Anti- Corruption court in what the magistrates cited as a “conflict of interest” regarding the case
The two Homa- Bay court magistrates withdrew from presiding over an anti-corruption case implicating the former officials and directors of a construction firm in alleged theft of Ksh. 348.9Million.
The magistrates cited a conflict of interest when the case was taken before them on Monday January 19 2026 at the Homa-Bay law and High courts.
The Office of the Director of Public Prosecutions (ODPP) on Friday January 16, 2026 recommended the indictment of at least six individuals who are linked to theft of public funds.
Five of the suspects were arrested and escorted to Homa Bay Police station while the six suspect voluntarily presented himself to the Homa Bay Police station over the weekend.
The suspects are former County Assembly Clerk Daniel Kaudo, former acting clerk Faith Apuko, former CEC for lands Roseline Odhiambo and Patrick Tunoi who is a senior superintendent quantity surveyor at the State Department of Public Works and Hartlands Enterprises Limited.
Others are Hartland Enterprises Limited Directors James Oyuka and his wife Mary Oduor who is a principal nurse at Homa Bay Referral.
The suspects have been taken to Kisii for plea taking after they failed to take plea when Homa-Bay Chief Magistrate Jecinter Orwa recused herself from the proceedings.
Magistrate Mary Gwaro of the magistrate’s court had forwarded the case to the Homa Bay High court arguing that she has close contact and relationship with some of the suspect who are her immediate neighbors at their residential place in Homa-Bay town.
Ms Orwa added that the case had to go on considering that some suspects had been arrested and taken to custody from last week and should have taken plea by Monday.
Orwa directed that the case be transferred to Homa-Bay High Court judge Justice Olgha Sewe for directions, who referred the case to Kisii , citing that Homa-Bay has no gazette anti-corruption court handle the matter.
“Kenya’s Anti-Corruption Courts, are specialized judicial divisions within the Magistrate and High Courts designed for effective handling of corruption and economic crimes, established under the Judiciary to manage high-profile cases, with the Ethics and Anti-Corruption Commission (EACC) serving as the primary investigating body.
These courts, including registries at the High Court, ensure focused case management and apply robust measures like risk assessments and asset recovery in their fight against graft, enforcing penalties like imprisonment and fines for offenders.
The court handles complex corruption and economic crimes, including large-scale cases and asset recovery.
The ODPP had issued directives that six suspects be charged with six counts.
The commission received a report alleging conflict of interest and irregular award of the tender by the County Government of Homa Bay to Hartland Enterprise Limited for the construction of the County Assembly block,” rereads the statement.
According to EACC, the investigations established that the County Assembly of Homa Bay awarded the tender to Hartland Enterprises Ltd, whose Directors were employees of the County Government, at a tender sum of Ksh 348,927,840.00, which the company had not quoted.
Further, the County Assembly entered into a contract with the firm without a valid performance guarantee, leading to unlawful payments amounting to Ksh.66, 714,925.14.
“Upon conclusion of investigations, the Commission forwarded the investigation file to the Director of Public Prosecution (DPP), whom upon review approved charges against the six and the company as a legal entity,” reads a statement dated January 16, 2026 and signed by Stephen K.Karuga, Head of Corporate Affairs and Communication.
In addition to the criminal proceedings, the commission notes that a civil recovery suit is pending before the EACC. Case Suit No.30 of 2022: EACC Vs Hartland Enterprises Ltd and 5 others, seeking to recover unlawful payments from the contractor and County Assembly Officials.
ODPP had issued an investigative report dated January 16, 2026 revealing that Mr. Kaudo, the former clerk of the Homa Bay County Assembly, and five other senior county officials were allegedly involved in improper procurement processes during the awarding of Tender No. HBCA/T/W6/2018-2019 for the proposed construction of the Assembly office block.
The suspects will face charges related to abuse of office, contrary to Section 46 as read with Section 48 of the Anti-Corruption and Economic Crimes Act, as well as willful failure to comply with procurement laws, which is contrary to Section 45(2)(b) of the Anti-Corruption and Economic Crimes Act No. 3 of 2003.
Other charges include conflict of interest, contrary to Section 42(3) as read with Section 48 of the Anti-Corruption and Economic Crimes Act 2003, unlawful acquisition of public property, and fraudulent acquisition of public property, both contrary to Section 45(1)(a) as read with Section 48 of the Anti-Corruption and Economic Crimes Act.
The ODPP reiterates its unwavering commitment to upholding the rule of law, promoting public interest, ensuring proper administration of justice, and preventing the abuse of legal processes in fulfilling its constitutional mandate.
