Inquiry into allegations of irregular procurement of goods by the Nairobi City County Government in 2023 for the supply and delivery of electrical materials for street lighting amounting to KSh 313,844,035…

Ethics and Anti-Corruption Commission

The Ethics and Anti-Corruption Commission (EACC) received a report on allegation of irregular award for the supply and delivery of street lighting electrical materials to eight companies by the Nairobi City County Government at a cost of KSh313,844,035 during the financial year 2022/2023.

Investigation established that the letters of notification of intention to enter into a contract were written on 6th February 2023 and LPOs signed on the same day in a clear violation of the 14 day’s waiting period which must lapse following a notification of award before contracts are signed.

It was also established that the LPOs were signed and issued out to the suppliers without a preceding acceptance of the awards, in 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

EACC recommends multiple charges against Nairobi City Council officers

On 3rd June, 2024, a report was compiled and forwarded to the DPP with recommendations to charge the Chief Officer, Works and Mobility, Head of Procurement, Procurement Officer, Finance Officer, Procurement Officer, Chair, Tender Evaluation Committee, Chair, Tender Opening Committee, Member (TEC), Director of Waylin Gen. Limited, Director, Fidelity Telecom Services and the contracted companies with the following offences;

(i) Conspiracy to commit an offence of corruption contrary to section 47A (3) as read with section 48 (1) of the Anti- Corruption and Economic Crimes Act, 2003.
(ii) Neglect of official duty contrary to section 128 as read with section 36 of the Penal Code.
(iii) Two counts of willful failure to comply with the law relating to procurement contrary to section 45 (2) as read with Section 48(1) of the Anti-Corruption and Economic Crimes Act, 2003.
(iv) Six counts of corrupt practice in a procurement proceeding contrary to section 66 (1) and (2) of the Public Procurement and Asset Disposal Act, 2015.
(v) One count of uttering false documents contrary to section 353 of the Penal Code.
(vi) Two counts of forgery contrary to section 345 as read with section 349 of the Penal Code.
(vii) One count of financial misconduct contrary to section 197 (1) (h) as read with section 199 of the Public Finance Management Act, 2012.

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 26th July 2024.

The DPP returned the file with recommendation for administrative action to be taken against the suspect in lieu of prosecution.

Principal source Kenya Gazette