The Ethics and Anti-Corruption Commission (EACC) has flagged a Ksh.313.8 million tender awarded by Nairobi County for street lighting electrical materials. The EACC claims that the contract was irregularly granted to eight companies during the fiscal year ending in June 2023.
The investigation revealed that the notification letters of intent to enter into the contract were issued on February 6, 2023, with the local purchase orders (LPOs) signed on the same day, violating procedural rules that require a 14-day waiting period. Additionally, the EACC found that the LPOs were signed and issued to suppliers without prior acceptance of the awards, breaching public procurement laws.
“The LPOs were also signed without approval from the accounting officer, disregarding recommendations from the professional opinion and violating procurement law and established procedures,” the EACC stated in an update published in the Kenya Gazette.
Following the investigation, the EACC compiled a report and forwarded it to the Office of the Director of Public Prosecutions (ODPP). The report recommends legal action against several officials, including the chief officer in charge of works and mobility, the head of procurement, the finance officer, and the chair of the Tender Evaluation Committee (TEC). It also calls for action against the chair of the Tender Opening Committee, two TEC members, and the directors of the contracted companies.
The EACC has proposed seven charges against the implicated officials: conspiracy to commit a corruption offense, neglect of official duty, willful failure to comply with procurement laws, corrupt practices in procurement proceedings, uttering false documents, forgery, and financial misconduct.
“The commission advises canceling the signed contract (LPO), initiating disciplinary proceedings against the evaluation committee members, and issuing an advisory to Nairobi City County Government on adhering to procurement procedures,” the EACC stated.
In response, the ODPP has recommended administrative action against the suspects rather than pursuing prosecution.
