Auditor General Nancy Gathungu has identified irregularities in the expenditure for constructing four stadia in the country. The four stadiums in question are Jamhuri Posta Ground (Nairobi), Jomo Kenyatta Showground Stadium (Kisumu), Wang’uru Stadium (Kirinyaga), and Kirigiti Stadium (Kiambu).
In her report on National Government Ministries, Departments, and Agencies for the financial year ending June 30, 2023, Gathungu claims that it is impossible to ascertain the value for money spent on the projects.
Furthermore, she notes that procurement laws were violated when awarding some tenders for the works.
AG Gathuungu adds that, in certain instances, there were increases in the awarded tenders.
Jamhuri Posta Ground (Nairobi)
For the upgrading of Jamhuri Posta Grounds, a project costing Kes.1,190,971,897, three contractors were assigned. Ms. Gathungu points out that two contracts totaling Kes.581,361,187 for “additional works” at the facility were “awarded through direct procurement method without justification.”
The contracts were valued at Kes.175 million and Kes.406,361,187, respectively, exceeding the engineers’ valuations by Kes.25 million and Kes.32,087,272, respectively.
“The use of the direct procurement method did not comply with the provisions of Section 103(2) of the Public Procurement and Asset Disposal Act, 2015,” she states.
Gathungu clarified that the law requires an accounting officer to ensure that the offer is at the prevailing market price before utilizing the direct procurement method.
The Auditor further noted that surpassing the engineers’ valuations contradicted Regulation 90(1)(cii) of the Public Procurement and Asset Disposal Regulations, 2020.
She adds that a physical assessment of the facility on September 11 last year revealed that electricity had not been connected to the floodlights, and the contractor was yet to hand over the project to the government for public use.
“In the circumstances, the regularity and value for money to be realised from the expenditure of Sh1,190,971,897 incurred on the project could not be confirmed and management was in breach of the law,” the report reads in part.
Kirigiti Stadium (Kiambu)
For the construction of Kirigiti Stadium, Ms. Gathungu identified a 25 percent increase in the contract price, “which was not supported with approval documents.”
The government awarded two contracts for the project, totaling Kes.1,091,031,466.
The report notes that the price of the first contract was irregularly raised by Kes.148,750,152 from the initial Kes.596,514,670 to Kes.745,264,822.
The second contract, valued at Kes.345,766,644 for “additional work” at the facility, was awarded by direct procurement to the same contractor without justification.
As of September 11, 2023, the first phase of the project was completed, but the second phase had stalled “due to non-payment of the contractor.” No explanation was provided for the failure to pay all certified certificates.
“In the circumstances, the regularity and value for money realized from the expenditure of Kes.1,091,031,466 incurred on the Project could not be confirmed, and management was in breach of the law,” she summarizes.
Wang’uru Stadium (Kirinyaga)
Similarly, at Wang’uru Stadium in Mwea, the contract underwent an irregular increase of 25 percent, amounting to Kes.696,473,751.
The initial tender of Kes.310,500,000 was increased to Kes.387,053,751 without the requisite approval documents.
The second contract for additional work at the stadium was awarded to the same contractor at Kes.309,420,000 “through direct procurement method without justification.”
“In the circumstances, the regularity and value for money to be realized from the expenditure of Sh696,473,751 incurred on the project could not be confirmed, and management was in breach of the law,” states Ms. Gathungu.
Jomo Kenyatta Showground Stadium (Kisumu)
Regarding Jomo Kenyatta Show Ground Stadium, the Auditor General remarked, “The value for money obtained from the expenditure of Sh350,000,000 could not be confirmed.”
There were instances of vandalism in the facility as “some metal covers for stormwater drainage were missing.”
Despite being completed in 2020, the contractor had not yet handed over the facility to the national government, but the Kisumu County Government had already taken possession of the facility.
