By Sally Kithome in Kitui

Former Kitui Health Chief Officer Richard Makula Muthoka and five others were arraigned today, facing six counts of abuse of office. The charges stem from the delivery of incorrect X-ray equipment worth KES 56 million.

The state alleges that the accused authorized the delivery of fixed X-ray machines to the County Government of Kitui instead of the mobile units specified in the tender.

The co-accused include Martin Mwendwa, proprietor of Marmut Suppliers; Mutua Mailu, Nicholas Kyule, and Michael Ndambuki. The offences are said to have been committed on May 23, 29, and 30, 2018.

Dr. Muthoka faces three counts individually. The first charge accuses him of conferring a benefit to Marmut Suppliers by allowing the supply of equipment that did not meet the tender specifications. The second alleges that he willfully violated procurement laws by approving payment of KES 56 million for 10 analogue X-ray machines that failed to comply with the specifications. The third charge claims he unlawfully spent public funds in contravention of the Public Finance Management Act.

Mwendwa is charged with a single count of failing to pay KES 8.96 million in Value Added Tax (VAT) to the Kenya Revenue Authority.

Mailu, Kyule, and Ndambuki, as members of the inspection and acceptance committee, face charges of violating procurement laws by preparing and signing a report falsely stating that the X-ray machines complied with the tender specifications.