A senior official at the Kenya Ports Authority (KPA) has been formally charged with corruption-related offences, the Office of the Director of Public Prosecutions (ODPP) has confirmed, in a case that has drawn fresh scrutiny to procurement processes at the coastal parastatal.
Mechanical Superintendent Mark Oriema Gor appeared before a Mombasa court alongside trader Simon Otieno Alloo and their company, Alootek Systems Limited, where they pleaded not guilty to multiple charges after their attempt to halt the prosecution was rejected.
Court Dismisses Bid to Block Prosecution
Chief Magistrate Alex Ithuku dismissed an application by the trio seeking to suspend the criminal proceedings.
The accused had argued that the Director of Public Prosecutions was unaware of an ongoing civil suit touching on the same subject matter, and that such knowledge might have influenced the decision to press charges.
However, the court ruled that the existence of a civil dispute does not bar criminal proceedings.
In his decision, the magistrate noted that the matter before the court raised serious legal questions that warranted a full hearing and determination through the criminal justice system.
The prosecution, led by Principal Prosecution Counsel Alex Ndiema, opposed the application, maintaining that civil litigation cannot be used as a shield against criminal accountability.
The ODPP argued that the charges were based on independent investigations and sufficient evidence to warrant trial.
Conflict of Interest Allegations
Oriema Gor, who serves as Mechanical Superintendent at KPA and has been a member of various tender committees, is facing charges of conflict of interest.
Prosecutors allege that he failed to declare a private interest in Tender No. KPA/097/2017-2018/CCE, which concerned the supply and maintenance of two Atlas Copco compressors.
According to the charge sheet, the accused officer is said to have participated in the procurement process despite having an undisclosed interest linked to the bidder, an act that allegedly contravenes public procurement and anti-corruption laws.
The tender in question involved equipment manufactured by Atlas Copco, a multinational firm known for industrial compressors and heavy-duty machinery widely used in port operations and other sectors.
Fraudulent Practices Charge
Simon Otieno Alloo and Alootek Systems Limited are separately charged with engaging in fraudulent practices during the procurement process.
The prosecution alleges that they manipulated the tendering procedure and misrepresented Alloo as the sole authorised distributor of Atlas Copco equipment in Kenya.
Investigators claim that the misrepresentation was intended to unfairly influence the tender award process and secure the contract under false pretences.
The charges suggest a coordinated effort that undermined transparency and fairness in public procurement.
The accused persons denied all charges when they took plea.
Bail and Pre-Trial Directions
Following their arraignment, the court granted each accused a cash bail of Sh100,000.
The prosecution was directed to supply all witness statements and documentary evidence ahead of the pre-trial conference scheduled for March 18, 2026.
The case now proceeds to the pre-trial stage, where issues such as disclosure, witness lists and trial dates will be addressed.
Broader Implications
The charges come at a time when public institutions in Kenya are under increasing pressure to demonstrate accountability in procurement processes, particularly in state corporations handling high-value contracts.
The Kenya Ports Authority, which manages the country’s main seaports including the Port of Mombasa, plays a critical role in regional trade and revenue collection.
Allegations of impropriety within its procurement systems have in the past sparked public debate about governance, oversight and anti-corruption enforcement.
By allowing the prosecution to proceed, the court has signalled that commercial disputes and parallel civil suits will not automatically shield public officials or private contractors from facing criminal charges where evidence of wrongdoing is alleged.
The matter will be mentioned on March 18, 2026, for further pre-trial directions as the ODPP prepares to present its case against the accused.
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