The High Court dismissed a petition from the directors of a company accused of bidding for 588 million shillings and bribing former Kiambu governor Ferdinand Waititu and his family.
Judge James Wakiaga dismissed the case with Testimony Enterprises, saying the alleged violation of their rights, alleging that they were not allowed to give their side of the story before being charged, would be part of the defense during the trial.
The company, which was prosecuted along with Mr Waititu, has asked for the charges to be dropped.
The company is accused of receiving inspired offers from Kiambu County.
The anti-corruption body says it sent millions of rupees to the companies associated with Mr Waititu and his wife a few days after receiving money from a divided government.
“From the documents submitted to me, I am not in a position to conclude that the third defendant (Director of Public Prosecutions) violated or acted outside the jurisdiction of his jurisdiction and, therefore, the plaintiff’s claim is unfounded,” said the Magistrate.
Charles Chege and Beth Wangeci, directors of Business Testimonials, have been charged with three counts of embezzlement, fraudulent acquisition of public property and fraudulent procurement practices.
But they said their arrests and charges violated their rights and discrimination because key players on the tender evaluation board were excluded, but their contribution was significant.
They also said it was the Ethics and Anti-Corruption Commission (EACC) and not the DPP, which was responsible for handling procurement offenses.
EACC claims that the company won the tender at a high and uncompetitive price of Shs 588,198,328. This was after the introduction of inclusion documents, which were not part of the mandatory requirements.
The defender said the company submitted forged or forged tender documents considered to have won the tender. It is alleged that the company fraudulently demonstrated technical and financial ability to perform such tasks, although it was not able to do so.