The Ethics and Anti-Corruption Commission (EACC) has flagged a KES 313.8 million tender by Nairobi County for the supply of street lighting materials, citing significant irregularities in the procurement process during the fiscal year ending June 2023.
According to the EACC, the investigation revealed that notification letters for the contract were issued on February 6, 2023, with Local Purchase Orders (LPOs) signed on the same day.
This action contravened established procurement laws, which mandate a 14-day waiting period between the issuance of notification letters and the signing of LPOs. Additionally, the anti-graft agency found that the LPOs were issued without prior acceptance of the awards, a clear violation of public procurement regulations.
“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 established therein,” the EACC stated in a Kenya Gazette update.
The EACC’s investigation has led to the recommendation of legal action against several Nairobi County officials, including the chief officer in charge of works and mobility, the head of procurement, the finance officer, and the chair of the tender evaluation committee (TEC). Other implicated individuals include the chair of the tender opening committee, two TEC members, and directors of the companies awarded the contract.
The EACC has recommended seven charges, including conspiracy to commit a corruption offence, neglect of official duty, wilful failure to comply with procurement laws, corrupt practices in procurement proceedings, uttering false documents, forgery, and financial misconduct.
In addition to legal actions, the EACC has called for the cancellation of the contract, disciplinary proceedings against members of the evaluation committee, and a formal advisory to Nairobi City County Government on the necessity of adhering to procurement procedures.
The Office of the Director of Public Prosecutions (ODPP) has weighed in, recommending administrative action against the suspects in lieu of prosecution.
