The Director of Public Prosecutions Friday directed the prosecution of suspended Chief Executive Officer of Bomas of Kenya Peter Gitaa Koria over procurement irregularities amounting to Sh8.5 million.
This follows an investigation by Ethics and Anti Corruption Commission (EACC) on procurement irregularities and splitting of tenders leading to irregular awards to suppliers in the Financial Year 2020/2021.
Koria had last week won a suit to get back to office after he was illegally sent away by the board.
ODPP said Koria was found to have engaged in procurement irregularities in the award of tenders for kitchen items, plates and cups and other items which were not factored in the Bomas of Kenya’s Budget and Procurement Plan FY 2020/2021.
The DPP directed that the suspect be charged with willful failure to comply with the law relating to procurement by engaging in a procurement process without an approved budget, without approved procurement plan and failing to establish an Ad Hoc Inspection and Acceptance Committee.
The High Court had Thursday ordered the immediate reinstatement Koria who was suspended in November 2023 pending hearing of his case challenging his removal from office.
Koria had been suspended from his position EACC and subsequent action by the ministry of gender, culture, arts and heritage.
Justice Nduma Nderi noted that the suspension, being disciplinary in nature ought to have been initiated by the Board of Bomas of Kenya (BOK) before the action taken by the Cabinet Secretary.
Additionally, the court said the self-set timelines for the conclusion of investigations against Koria had surpassed their anticipated completion date.
“The court has observed the self-set timelines by the board of BOK for the conclusion of the investigations against the applicant as deposed to by the chairperson to have been finalization of the investigation report by the end of February 2024 and possible lifting of the suspension by March 2024,” the Judge said.
“A mandatory injunction is granted directing the 1st and 5th respondents to unconditionally lift the suspension of the applicant/petitioner from employment communicated vide a letter dated November 20, 2023 and order for his immediate reinstatement, pending the hearing and determination of the petition.”
The judge also acknowledged the importance of protecting the rights and fundamental freedoms of the applicant while considering the public interest.
Furthermore he said, no criminal charges have been leveled against Koria.
Koria moved to court on November 21, 2023 after EACC recommended that Aisha Jumwa CS gender suspend him pending investigations into allegations of “procurement irregularity in the award of a tender for the supply of cutlery awarded to various companies where CEO Peter Gitaa Koria has been adversely mentioned since he oversaw the execution of the contract.’’
EACC claimed that his continued being in the office will interfere with the smooth provision of documents and facilitation of persons who might be called upon as witnesses by the commission.
Subsequently, he was suspended with half pay and allowances by a letter dated November 20, 2023 and a press release to that effect was issued by the State House spokesperson.
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