DNK International By Our Reporter,Homabay
A major corruption case involving the alleged theft of Sh348.9 million at the Homa Bay County Assembly has been transferred to the Kisii Anti-Corruption Court after all available magistrates in Homa Bay recused themselves, citing conflict of interest.
The case implicates five former Homa Bay County officials and a construction firm over the irregular award and execution of a tender for the construction of the County Assembly office block.
Proceedings stalled on Monday, January 19, after Homa Bay Chief Magistrate Jecinter Orwa withdrew from the matter, following an earlier recusal by Magistrate Mary Gwaro.
Magistrate Gwaro referred the case to the High Court after disclosing that she had close personal relationships with some of the suspects, who are her immediate neighbours in Homa Bay town.
Chief Magistrate Orwa upheld the need for the case to proceed expeditiously, noting that several suspects had been in custody since last week and were required to take plea by Monday.
Justice Olgha Sewe of the Homa Bay High Court subsequently directed that the matter be transferred to Kisii, citing the absence of a gazetted Anti-Corruption Court in Homa Bay to handle such a high-profile economic crimes case.
Those facing charges include former County Assembly Clerk Daniel Kaudo, former Acting Clerk Faith Apuko, former Lands CEC Roseline Odhiambo, Patrick Tunoi,a senior superintendent quantity surveyor at the State Department of Public Works and Hartland Enterprises Limited.
Also charged are the company’s directors, James Oyuka and his wife Mary Oduor, a principal nurse at Homa Bay Referral Hospital.
The Office of the Director of Public Prosecutions (ODPP) on January 16, approved the charging of at least six suspects following investigations by the Ethics and Anti-Corruption Commission (EACC).
Five suspects were arrested and escorted to Homa Bay Police Station, while one presented himself voluntarily over the weekend.
All have now been taken to Kisii for plea taking.
According to the EACC, investigations revealed that the County Assembly of Homa Bay irregularly awarded the tender,No. HBCA/T/W6/2018-2019 to Hartland Enterprises Limited at a sum of Sh 348,927,840, a figure the firm allegedly did not quote.
The commission further established that the contract was entered into without a valid performance guarantee, resulting in unlawful payments amounting to Sh. 66,714,925.14.
In a statement dated January 16, 2026, signed by Stephen K. Karuga, Head of Corporate Affairs and Communication at EACC, the commission said the tender was tainted by conflict of interest, as the company’s directors were employees of the county government at the time.
Following the conclusion of investigations, the EACC forwarded the file to the ODPP, which approved charges against the six suspects and Hartland Enterprises Limited as a legal entity.
The suspects are expected to face six counts, including abuse of office, conflict of interest, willful failure to comply with procurement laws, unlawful acquisition of public property, and fraudulent acquisition of public property, all under the Anti-Corruption and Economic Crimes Act, 2003.
In addition to the criminal case, the EACC has filed a civil recovery suit—EACC Civil Suit No. 30 of 2022—seeking to recover the allegedly lost public funds from the contractor and former county officials.
The ODPP has reiterated its commitment to upholding the rule of law, safeguarding public interest, and ensuring accountability in the use of public resources as the case heads to Kisii for determination.
[DNK-International@January 19,2026]
