By Habil Onyango
The Ethics and Anti-Corruption Commission (EACC) has arrested five former officials of the Homa Bay County Assembly and a contractor over tender irregularities involving Ksh. 348.9 million. This action follows a directive from the Office of the Director of Public Prosecutions (ODPP) to charge six suspects with multiple counts.
The arrested individuals include Faith Apuko (former Clerk of the Homa Bay County Assembly), Roseline Anyango Odhiambo (former County Executive Committee Member for Lands), and Patrick Tunoi (former Quantity Surveyor at the Ministry of Public Works and Project Manager).
Additionally, James Mumali Oyukah, Director of Hartland Enterprises Limited, and Mary Pauline Oduor, also a Director at Hartland Limited and spouse to Oyukah, who is a Principal Nurse at Homa Bay Referral Hospital, were arrested.
However, Odhiambo Daniel Kaudo, the former Clerk of the County Assembly, has not been arrested as per the ODPP’s directives.
According to the EACC, the investigations revealed that the Homa Bay County Assembly awarded a tender to Hartland Enterprises Limited for the construction of an office block, valued at Ksh. 348,927,840—an amount that the company had not originally quoted.
Furthermore, the County Assembly entered into a contract with the firm without a valid performance guarantee, which led to unauthorized payments totaling Ksh. 66,714,925.14.
Once the investigations concluded, the EACC submitted the investigation file to the Director of Public Prosecutions (DPP), who approved charges against the six individuals and the company as a legal entity. The statement issued on January 16, 2026, was signed by Stephen K. Karuga, Head of Corporate Affairs and Communication.
The arrested suspects have been taken to Homa Bay Police Station for processing and are awaiting arraignment.
In addition to the criminal proceedings, a civil recovery suit is active before the EACC (Case No. 30 of 2022: EACC vs. Hartland Enterprises Ltd and five others), seeking to recover unlawful payments from the contractor and county assembly officials.
The Commission is calling for the remaining suspect, Kaudo, to present himself either at the Homa Bay Police Station or any EACC office.
An investigative report issued by the ODPP on January 16, 2026, indicated that Mr. Kaudo, along with five other senior county officials, were allegedly involved in improper procurement processes during the awarding of Tender No. HBCA/T/W6/2018-2019 for the proposed construction of the Assembly office block.
The suspects will face charges related to the abuse of office, in violation of Section 46 as read with Section 48 of the Anti-Corruption and Economic Crimes Act, as well as willful failure to comply with procurement laws, contrary to Section 45(2)(b) of the Anti-Corruption and Economic Crimes Act No. 3 of 2003.
Other charges include conflict of interest, in violation of Section 42(3) as read with Section 48 of the Anti-Corruption and Economic Crimes Act 2003, as well as unlawful acquisition and fraudulent acquisition of public property, both contrary to Section 45(1)(a) as read with Section 48 of the Anti-Corruption and Economic Crimes Act.
The ODPP reaffirms its commitment to upholding the rule of law, promoting public interest, ensuring proper administration of justice, and preventing the abuse of legal processes in fulfilling its constitutional mandate.
