A Mombasa court is set to deliver a ruling on an application by two Kenya Ports Authority (KPA) employees and a company director accused of corruption and fraudulent practices in a 2018 tender award.

Chief Magistrate Alex Ithuku is expected to rule on Thursday on whether to defer the plea-taking for the accused persons pending the determination of their application challenging the Director of Public Prosecutions’ (DPP) decision to charge them.

The accused are Mark Oriema Gor, a former mechanical superintendent and tender committee member at KPA; Simon Otieno Alloo, director of Alootek Systems Limited; and the company, Alootek Systems Limited.

They face charges related to a conflict of interest and fraudulent conduct in the procurement process for tender KPA/097/2017-2018/CCE for the supply of Atlas Copco compressor equipment.

The defence, through their lawyer, argued that the DPP was unaware of a related civil suit, when approving the charges. They contended that knowledge of the civil matter could have led to a different decision on prosecution.

Principal Prosecution Counsel Alex Ndiema, representing the Director of Public Prosecutions, opposed the application. He maintained that civil proceedings do not bar criminal prosecution and that the two can proceed independently.

Ndiema told the court that investigations began two years ago, and the accused recorded statements knowing criminal charges could follow. He said they failed to submit evidence from the civil case before the plea decision.

“The DPP carefully reviewed all facts before approving the charges. Criminal prosecution remains legally sound and independent of any concluded civil claims,” Ndiema stated.

He pointed that the accused have the option to seek a review of the charges at any stage, even after pleas are entered. Ithuku allowed the defence application to defer plea-taking pending his ruling on the matter.

According to the charge sheet, Mark Oriema Gor faces one count of conflict of interest. He is accused of failing to disclose his private interest in the tender between March 13 and 14, 2018.

It is alleged that he knew Simon Otieno Alloo and had prior knowledge of Copco compressor prices, while Atlas Eastern Africa Limited could supply the items.

 Simon Otieno Alloo and Alootek Systems Limited face a second count of fraudulent practice in procurement, stating that between March 13 and 23, 2018, they allegedly engaged in fraudulent conduct to influence the tender award by falsely claiming Alootek Systems Limited was the sole distributor of Atlas Copco equipment in Kenya, thus qualified for the tender.

The accused were released on a Ksh100, 000 surety bond each pending the outcome. The case highlights the ongoing efforts to curb corruption in public procurement in state corporations.

• A Tell Media / KNA report / By Sitati Reagan