Inquiry Into Allegations of Irregular Award of Tender Lmu/Mopw/Gp/191/24 For Construction of Nagele Auction Yard by Officers of the County Government of Lamu.

The Commission commenced investigations pursuant to a report pertaining to irregularities of award of tender number LMU/MOPW/LCG/GP/191/24 for construction of Nagele Auction Yard by officers of the County Government of Lamu.

Investigations established that during the financial year of 2015/2016, the Fisheries, Livestock and Co – operative Development Department of the County Government of Lamu had planned to construct the Nagele Auction Yard at a budget of Kshs. 15,000,000.

However, investigations revealed that two payment certificates were forged so as to facilitate payment of Kshs. 7.862.820.95 to the company which was awarded the contract irregularly.

On 29th April 2021 a report was compiled and forwarded to the DPP with recommendations to charge all the Lamu County Government officers who participated in the irregular procurement process that resulted in loss of Kshs. 7.862.820.95: and the Company and its directors with the following offences:

• 2 counts of willful failure to comply with laws relating to procurement contrary to section 45 (2) (b) of the ACECA;
• 1 count of Abuse of Office contrary to section 46. 3 counts of fraudulent practice in procurement proceeding contrary to section 41 as read together with section 137 of the PPADA. 2015; 245 (i) (a) of the ACECA;
• 3 counts of uttering false documents contrary to section 353 of the penal code;
• I count of failure to disclose a private interest to one’s Principal contrary to section 42 (1) (b) of the ACECA;
• 1 count of conspiracy to commit an economic crime contrary to section 47A of the ACECA.

The Commission is awaiting the DPP’s response.