The prosecution led by State Attorney Shadrack Kimaro assisted by prosecutors from Prevention and Combating of Corruption Bureau (PCCB) Magela Ndimbo and Max Ali named the accused as former Managing Director Kipallo Kisamfu, Chief of Finance Jasper Kisiraga, Chief Civil Engineer Mathias Massawe and Acting Principal Mechanical Engineer and Works Manager Muungano Kaupunda.
Others include Chief Mechanical Engineer and Works Manager Ngoso Ngosomwiles, Chief Michanical Engineer Paschal Mafikiri, Plant Engineer Kednon Mapunda, Acting Engineer Communication Felix Kashaigili, Chief of Rail Transport Lowland Simtengu, Chief Design Draughtsman Joseph Syaizyagi and Charles Ndenge who was the Acting Chief Transport Manager.
Before Principal Resident Magistrate Emillius Mchauru it was alleged that on diverse date between February 1, 2013 and June 30, 2014 at TRL head office in Ilala District the accused Kisamfu in the discharge of his functions, intentionally abused his position by misusing a public procurement contract tender causing M/S Hindustan Engineering and Industries Limited obtain an undue advantage accrued from the contract sum.
On the second count it was alleged that on between July 1 and August 31 2013 at the same place the accused Mafikiri abused his position by approving detailed design drawings of ballast hopper wagons prepared by M/S Hindustan Engineering and Industries Limited which were contrary to terms and conditions of contract of the said tender and without being verified by the draughtsman design unit.
On the third count it was alleged that on August 5, 2014 the accused Kisiraga and Massawe abused their offices by authorizing payment of $1,280,593.75 to the said company without verifying performance of 25 ballast Hopper Bogie Wagons through proof of Acceptance Certificate issued and signed by TRL.
But instead issued a confirmation that the said wagons performed well during the warranty period, an act which is in violation of regulations 126 and 127 of the public procurement (goods Works, GN No. 97 of 2005, and caused the said company obtain an undue advantage occrued from the said contract sum.
It was further alleged that on between January 1 and February 28, 2014 the accused Kaupunda abused his position by authorizing the said company to enter into production of such wagons without ensuring the terms and conditions of the awarded contract tender which is in violation of regulations 126 and 127 of the public procurement.
On the fifth count, it was alleged that between April 1 and May 31, 2014, the accused Ngosomwiles abused his authority by authorizing the said company to ship such wagons to Tanzania without ensuring the same were manufactured in accordance with the specifications and terms of the awarded tender.
On the sixth count the accused Kaupunda, Mapunda, Kashaigili, Simtengu and Syaizyago, being members of the evaluation committee of the said tender abused their authority by recommending an unqualified firm in respect of technical specifications of the said company to win the said tender.
The accused Kisiraga and Ngege were alleged that on diverse dates between February and March, to have abused their position by authorizing the opening credit line worth $1,280,593.75 at Baroda Bank (T), Limited before commissioning and expiry of the warranty period of two years as stipulated in the terms and conditions of the contract.
On Diverse dates between January 1 and February 28, 2014 at TRL head office the accused Kaupunda with intent to defraud or deceive his principal namely, the TRL knowingly used a report on prototype inspection dated January 20, 2014 containing false particulars purporting that such wagon inspected at the said company in Kolkata India between January 5 and 9, 2014 was manufactured according to the technical specification of the contract, a fact he knew to be false.
On the last count it was alleged that the accused Ngosomwiles with intent to defraud or deceive his principal namely the TRL knowingly used a report on pre-dispatch of such wagon dated April 30, 2014 containing false particulars purporting that the entire wagon was inspected in India while it was not true.
All the accused pleaded not guilty, but three of them are out on bail while others remain in custody for failing to meet bail conditions that included an order to sign bond of Sh10m and to bring three sureties each, from the government or any recognized institution to sign a bond of Sh1m.
The bailed out accused were also ordered to surrender their traveling documents, and barred from traveling outside Dar es Salaam without the court’s consent. Magistrate Mchauru adjourned the case until February 25, pending further investigations.
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