Inquiry into allegations of procurement irregularities and misappropriation of public funds by officials of Mandera County Government through construction of a regional livestock market.

The Ethics and Anti-Corruption Commission (EACC) commenced investigation after receiving an allegation that the County Government of Mandera misappropriated public funds amounting to KSh.120,000,000 through its Ministry of Agriculture, Livestock, and Fisheries.

Mandera County’s Integrated Development Plan (IDP) for the 2013/2014 financial year included the planned construction of a regional livestock marked within Mandera County. It was alleged that the money was released during the subsequent financial years, yet the project had never been completed.

Investigation established that the Mandera County Government had planned for the livestock market’s construction in its 2013-2017 IDP, and in the County’s estimates for the 2013/2014 financial year. The County had also advertised for the tender No. MCG/228/2013-2014 for construction of the regional market in the Standard newspaper.

Investigation established that the contract was awarded at a cost of KSh169,922,855, which was higher than what had been provided for in the budget. Investigation revealed that there were additional procurement irregularities in the evaluation of the tenders. The County later terminated the contract with the contractor to whom it had been awarded, owing to a fundamental breach of its terms.

Investigation further established that the tender awarded by the tender committee had been adopted as a recommendation by the evaluation committee. But, in violation of procurement law, it had been adopted without verifying that there was an adequate budget for the construction.

On 26 August 2024, a report was compiled and forwarded to the Director of Public Prosecutions (DPP) with recommendations to charge the Mandera County Government secretary and members of the tender committee as follows: –

(i) 2 counts of wilful failure to comply with the law relating to procurement in violation of section 45 (2) (b) as defined by section 48 of the Anti-Corruption and Economic Crimes Act No. 3 of 2003.

(ii) 1 count of abuse of office in violation of section 46 as defined by section 48 of the Anti- Corruption and Economic Crimes Act No. 3 of 2003.

The DPP’s response is awaited.

Primary source: The Kanya Gazette