Investigation into Allegations of the Irregular Award of Tender for the Renovation of Magombo Dispensary and Abuse of Office by the Officials of Nyamira County Government.

The Magombo Dispensary

The Ethics and Anti-Corruption Commission (EACC) commenced investigations upon receiving a complaint that the County Government of Nyamira irregularly awarded tender for renovation of Magombo Dispensary to Liglas Investment Limited (Contractor) and made payment to the Contractor for works not done.

Liglas Investment

Investigations established that on 15th April, 2015, Liglas Investment, a business entity owned by the Sub-County Administrator was awarded the tender for renovation of Magombo Dispensary at a contract sum of KSh1,898,293.

However, the Contractor did not undertake any works but even so was paid KSh1,154,379 being 60 percent of the contract sum.

Investigations established that the renovation works at the Dispensary had earlier been done by another contractor following a tender award made on 11th January, 2011, by the Kitutu Masaba Constituency Development Fund Committee and was paid a sum of KSh2,900,000.

Fake Documents – County Officials Colluded With Contractor

Further, it was established that the Contractor submitted fake documents in support of their bid, and that members of the Tender Evaluation Committee and other officials of the County Government of Nyamira colluded with the Contractor in irregularly awarding the contract in contravention of the procurement laws.

On 21st July, 2022, a report was compiled and forwarded to the DPP with recommendations that:

• The Members of the Tender Evaluation Committee and the Head of Supply Chain be charged with wilful failure to comply with the law relating to procurement contrary to section 45(2) (b);

• The Head of Supply Chain Management be charged with one count of abuse of office contrary to section 46;

• Members Tender Evaluation Committee, the Head of Supply Chain Management, the Accounting Officer and the Contractor he charged with one count of conspiracy to commit a corruption offence contrary to section 47 (A);

• The Proprietor of Liglas Investment be charged with failing to disclose a private interest to one’s principal contrary to section 42(1)(a) (b), fraudulent acquisition of public property contrary to section 45 (1)(a) and fraudulent failure to pay taxes contrary to section 45 (1) (b) as read with section 48 section of the Anti-Corruption and Economic Crimes Act, 2003;

• The Proprietor of Liglas Investment also be charged with uttering false document contrary to section 353 of the Penal Code; and engaging in a fraudulent practice in procurement contrary to section 41(1) as read with section 41(4) of the Public Procurement and Disposal Act, 2005;

• The Chief Officer of Health be charged with one count of unauthorized spending of public money contrary to section 196(1) as read with section 196 (6) of the Public Finance Management Act, 2011.

On 7th September, 2022, the DPP returned the inquiry file for further investigations.