The Ethics and Anti-Corruption Commission (EACC) inquiry into allegations of Conflict of Interest and Procurement lrregularities in a tender for the Provision of House Keeping Services at the Kenya Port Authority (KPA).

The Commission commenced investigations upon receiving a complaint that Kenya Ports Authority staff heading the House Keeping Department were awarded the tender for provision of housekeeping services at the KPA.

Welfare Officer, Her Daughter and Pencoya Enterprises

Investigations established that the tender in question was awarded to Pencoya Enterprises, a, business name registered under the name of the daughter of a Welfare Officer at the KPA. The Welfare Officer was also a member of the Tender Evaluation Committee who presided and participated in the meeting of the Committee that awarded the tender for provision of housekeeping services to her daughter’s Company.

Ratna Youth Enterprise

Investigations established that Ratna Youth Enterprise was also awarded the tender in question and that the Tax Compliance and YAGPO Certificates attached to the bid documents submitted by Ratna Youth Enterprises in respect to the tender in question were not genuine.

Investigations established that the Welfare Officer and a Radio Technician, both employees of the KPA, did not disclose the conflict of interest to their employer considering the fact that their relatives were transacting with KPA.

However, it was established that, the Radio Technician at KPA was not a signatory to the bank account of Pencoya Enterprises and that at the time of the award, he was not yet an employee of KPA.

On 23rd September, 2022, a report was compiled and forwarded to the DPP with recommendations that the Welfare Officer be charged with Conflict of interest contrary to section 42(1).

The EACC further recommended that the proprietor of Ratna Youth Enterprises be charged with unlawful acquisition of public property contrary to section 45 as read with section 48(1) of the Anti-Corruption and Economic Crimes Act, 2003, and Fraudulent practice in procurement proceedings contrary to section 66 as read with section 177 of the Public Procurement and Asset Disposal Act, 2015.

The Commission awaits the response from the DPP.