Seven senior officers and members of Suma JKT’s Tender Board yesterday appeared in the Kisutu Resident Magistrate’s Court in Dar es Salaam to answer charges of abuse of office, conspiracy and illegal transfer of more than 3.8bn/-.
Prosecution side in the case was led by Prevention and Combating of Corruption Bureau (PCCB)prosecutor Donasian Kessy, who was being assisted by Beny Lincolin.
The seven accused in the case are, Col. Ayoub Mwakang’ata, Lt. Col. Mkohi Kichogo, Lt. Col. Paul Mayavi, Major Peter Lushika, Sergeant John Laizer, Major Yohana Nyuchi and Lt. Col. Felix Samillan. They appeared before resident magistrate Aloyce Katemana.
Prosecution alleged that the accused committed the offences on March 5, 2009 in a conference room at the Suma JKT offices in Dar es Salaam.
It further alleged that on the particular day, the accused in their capacity, as members of the Executive Committee and Tender Board of the Suma JKT intentionally abused their authority by passing a resolution authorising the Suma JKT Tender Board to act, as Tanzania Korea Partnership (Takopa) Tender Board for the purpose of procuring used motor vehicles and heavy construction equipment without express authority from the Takopa Board of Directors.
On another count, prosecution alleged that on March 12, this year in Dar es Salaam, the accused being members of the Suma JKT Tender Board intentionally abused their position by passing a resolution to purchase used motor vehicles and heavy construction equipment without observing the Public Procurement Act.
The prosecution also alleged that on March 16, 2009 in Dar es Salaam, accused Samillan and Kichogo transferred 2,744,432,545/- through a checque from a Takopa account to Suma JKT account in the National Bank of Commerce (NBC).
The prosecution said the accused didn’t observe the Public Procurement Act and Public Finance Regulations of 2001.
On another count, Kessy claimed that on April 3, 2009, accused Samillan and Kichogo transferred 489,677,878.30/- through a checque issued by Takopa to Suma JKT account at the NBC.
On the fifth count, prosecution alleged that on April 4, 2009, accused Samillan and Kichogo transferred 269,519,093.60./- through a cheque from a Takopa account to Suma JKT account also at the NBC.
Kessy claimed that on May 4, 2009, accused Samillan and Kichogo transferred 350m/- through a checque from Takopa account to Suma JKT account also operated by the NBC, without observing public procurement regulations.
On the last count, prosecution alleged that between March and May 2009, all accused conspired to transfer funds from a Takopa account operated through the NBC without observing provisions of public procurement laws.
However, all accused pleaded not guilty to the charges and were released on bail. The court ordered the accused to sign a bond of 25m/- each and to secure two reliable sureties to sign a bond of 25m/- each.
Kessy informed the court that investigation into the case was completed and the case was adjourned until August 1, this year.