Bomas of Kenya Chief Executive Officer (CEO) Peter Gitaa Koria was Monday released on a cash bail of Sh1 million after denying charges of procurement irregularity amounting to Sh8.6 million.
Koria appeared before Milimani Anti-corruption Chief Magistrate Thomas Nzyuki. This follows his arrest at the weekend.
The fraud was committed between December 29 and 30 June 2021, the prosecution said.
The prosecution said he willfully failed to comply with the law relating to procurement.
He was accused of engaging in a procurement process without an approved budget for various tenders during the financial 2020/2021.
The charges indicate that Koria engaged in procurement irregularities in the award of the following public tenders: Quotation No.15/Kitchen Items; Quotation No.16/Utensils, Quotation No.17/Kitchen Items; Quotation No.18/Plates and cups and Quotation No.19/cutlery and other items which were not factored in the Bomas of Kenya’s Budget and Procurement Plan FY 2020/2021.
The prosecution did not oppose his release on bond and the Magistrate granted him a bond of Sh5 million and one surety of a similar amount with an alternative of Sh1 million cash bail.
The court further ordered the accused to deposit his travel documents and cautioned him against interfering with witnesses.
The court said the accused should not leave the jurisdiction of Kenya without its permission.
Nzyuki directed the prosecution to supply the accused person with copies of the charge sheet, witness statements, and any other documentary evidence that shall be used during the trial.
Koria had last week won a suit to get back to office after he was illegally sent away by the board.
The High Court had Thursday ordered the immediate reinstatement of Koria who was suspended in November 2023 pending a hearing of his case challenging his removal from office.
Koria had been suspended from his position at 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 would 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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