Nyamira County Assembly Clerk Duke Simeon Onyari appeared before a Nyamira court on Friday to answer charges linked to alleged procurement irregularities in the construction of the county assembly office block.
The clerk denied all accusations and pleaded not guilty to two corruption-related charges brought against him.
According to court documents, the case revolves around the award of a tender for the construction project, identified as Tender No. CAN/T/027/2017-2021. Prosecutors allege that in June 2018, while serving as the Acting Clerk and Accounting Officer of the County Assembly of Nyamira, Onyari improperly awarded the contract to Jetta Builders Limited despite the company not being the lowest evaluated bidder.
The prosecution claims that the decision resulted in an unlawful benefit of more than Ksh.30.2 million to the contractor.
Investigators argue that the award did not follow the required procurement procedures and therefore led to a loss of public funds.
Onyari also faces a second charge relating to the alleged failure to comply with procurement laws. Prosecutors say he violated provisions of the Public Procurement and Asset Disposal Act, 2015, by awarding the contract to a bidder that was not the lowest evaluated responsive bidder.
The charges stem from investigations conducted by the Ethics and Anti-Corruption Commission (EACC) into the procurement process for the county assembly office block project. Earlier this year, the Director of Public Prosecutions approved the prosecution of seven county assembly officials over claims of procurement irregularities and the alleged misuse of public resources connected to the project.
The EACC stated that Onyari was arrested in Nairobi on June 2 before being transferred to Kisii ahead of his planned court appearance. However, the process was delayed after he was admitted to Bosongo Medical Centre on June 4. He remained in hospital until June 11, when investigators re-arrested him following confirmation from doctors that he had been discharged.
During the court proceedings, the defence accused investigators and police officers of violating Onyari’s rights by allegedly removing him from hospital while he was still receiving treatment.
The prosecution rejected the claims, maintaining that the arrest was carried out only after medical staff confirmed he was fit for discharge.
The prosecution further urged the court to impose stricter bail conditions, arguing that the accused could be a flight risk given the amount of public funds allegedly involved in the case.
The court, however, granted Onyari a cash bail of Ksh.400,000 or an alternative bond of Ksh.1 million with a surety of the same amount. He was also directed to surrender his passport to the court by June 15.
The matter will be mentioned on June 29 to determine whether it can be consolidated with a related case before the Keroka court and to confirm that the defence has received all prosecution documents.
The hearing is scheduled for August 18, 2026.
