The Ethics and Anti-Corruption Commission (EACC) has flagged a Sh313.8 million tender by the Nairobi County for the supply of street lighting electrical materials, saying the contract was awarded irregularly to eight companies during the fiscal year ending June 2023.
According to the anti-graft watchdog, investigations have established that the letters of notification of intention to enter into the contract were written on February 6, 2023, while local purchase orders (LPOs) were signed on the same day contrary to procedural provisions which require a 14-day waiting period.
The EACC says it has also established that the LPOs were signed and issued out to the suppliers without a preceding acceptance of the awards which was a violation of the public procurement laws.
“In addition, the LPOs were irregularly signed without the accounting officer having approved the recommendation set forth in the professional opinion in violation of the procurement law and the procedures established therein,” says the anti-graft body in an update in the Kenya Gazette.
Following the conclusion of the investigation, the EACC says it has compiled and forwarded a report to the Office of the Director of Public Prosecutions (ODPP) recommending a suit action against a range of officials including the chief officer in charge of works and mobility, the head of procurement, the finance officer as well as the chair of the tender evaluation committee (TEC).
Others are the chair of the tender opening committee, two members of the TEC, as well as directors of the contracted companies.
The EACC has recommended seven charges, including conspiracy to commit a corruption offence, neglect of official duty, wilful failure to comply with procurement laws, corrupt practice in procurement proceedings, uttering of false documents, forgery, and financial misconduct.
“The commission also recommends for the cancellation of the signed contract (LPO), disciplinary proceedings against the members of the evaluation committee, and an advisory to issue to Nairobi City County Government on the need to adhere to procurement procedures,” says the anti-corruption agency.
On its part, the ODPP has recommended that administrative action be taken against the suspects in lieu of prosecution.
