Kenya Ports Authority Managing Director Daniel Manduku has filed a petition seeking to stop the Director of Public Prosecutions (DPP) from instituting charges against him based on an investigative report and recommendations by the Directorate of Criminal Investigations (DCI).
The investigations relate to the revitalisation of Kisumu Port, construction of Makongeni goods shed, and construction of concrete barriers for various ports in the country.
Through senior counsel James Orengo and lawyer Julie Soweto, Dr Manduku argues that the DCI investigated offences under the Anti-Corruption and Economic Crimes Act, which is outside its mandate.
"The DCI investigations against the petitioner are illegal and the subsequent recommendation to the DPP to charge him with many offences is in contravention of Section 35 of the Anti-Corruption and Economic Crimes Act," argues Dr Manduku.
Dr Manduku says the DPP is about to begin criminal proceedings against him without proper legal and factual foundation.
He says the DCI, in preparing the report, omitted the opinion of the Department of Public Works in respect to the Makongeni goods shed, the manufacture of concrete barriers and work on the Kisumu port.
"The Department of Public Works, in its opinion, found that the concerned works had been done in accordance with the specified bills of quantities and were commensurate with the estimated values," said Dr Manduku.
Dr Manduku argues that revitalisation of the Kisumu port was prioritised and accelerated, hence undertaken on an emergency basis as there was an urgent need for the goods, works and services.
"The circumstances giving rise to the urgency were neither foreseeable by the authority, nor was it as a result of dilatory conduct on the part of the authority or petitioners," the petition says.
He says the DCI failed to appreciate that the conceptualisation, planning, budgeting and implementation of the Makongeni goods shed was a national government initiated project undertaken by a joint technical committee, and that KPA's role was to implement its recommendation.
Dr Manduku argues that he cannot perform his duties because of the conduct of the DPP, the DCI and IG of Police.
On Thursday, Justice Eric Ogola certified Dr Manduku's application seeking temporary orders restraining them from arresting and charging him as urgent, pending the hearing and determination of the petition.
Justice Ogola directed that the application be served on the respondents for an inter-parties hearing next Monday.