An officer who died in 2019 is among seven county assembly employees facing trial at the Anti-Corruption Court over tender manipulation.
Enock Omwenga Nyakundi was the director for human resources and a member of the tender committee. Others charged are the Clerk, Duke Onyari, Procurement Director Joyce Onyiego, Simon Ogecha and legal officer, David Ombego.
The Nyamira High Court dismissed their application for an anticipatory bail that they had sought to neutralize warrants of arrest that had been issued against them by the Keroka Court where they were supposed to be charged on March 19, 2026 after they failed to present themselves for arraignment to answer to the charges.
They are being charged that on the dates between May 23 and June, 2018, at Nyamira County Assembly, being employees of the Nyamira Assembly improperly awarded a tender number CAN/T/027/2017-2021 for the proposed construction of an office block to Jetta Builders Ltd, which was not the lowest evaluated tender, thereby conferring a benefit of Sh30,187,396 to he said company.
They are also set to answer to five charges that vary from abuse of office to willful failure to comply to obligations associated with management of public funds as well as neglect of office duty.
While dismissing their petition to challenge their arrest, Nyamira Resident Judge Justice Thripsisa Cherere ordered all the officers to appear before the Anti-corruption Court on Monday for them to take the plea.
According to the petitioners, they were not summoned or notified to appear for any action.
They told court that they became aware that criminal proceedings had been instituted at Keroka Law Courts and that warrants of arrest had been issued following a plea date of March 19, 2026 at which they were not present.
"The intended arrest is prejudicial and the prosecution was acting maliciously," they told the Court.
However, in her ruling, Justice Cherere said the application did not meet the threshold for an anticipatory bail.
"The material before the Court shows that investigations were conducted, the file reviewed, charges approved and a charge sheet filed before a competent court," the Court ruled.
Justice Cherere ruled that the warrants of arrest were issued within the criminal process and that the accused persons had not produced evidence before this Court to demonstrate illegality, bad faith or abuse of process. The apprehension expressed does not meet the threshold of anticipatory bail.
"The interim anticipatory bail granted on March 24 shall stand vacated on April 2026. The applicants shall attend before the trial court in Keroka not later than 9.00am on April 13, 2026, failure to which warrants of arrest issued against them shall forthwith take effect," Justice Cherere ruled.
They are expected to be arrested at Keroka on Monday morning for processing of their criminal file before they take plea.