- He told trial Magistrate Thomas Nzyuki that the serialization of tender documents was not a criterion from the bid documents.
- Wahinya said those doing the evaluation felt that serialization was key to the process. This was then introduced at the evaluation stage.
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Former roads official at Kiambu County Lucas Wahinya on Monday admitted to the court that some of the companies that were eyeing the lucrative Sh588m roads tender were disadvantaged after a new evaluation criteria for bidders was introduced.
He told trial Magistrate Thomas Nzyuki that the serialization of tender documents was not a criterion from the bid documents.
Wahinya said those doing the evaluation felt that serialization was key to the process. This was then introduced at the evaluation stage.
He confirmed to the court that some of the companies missed the job because of these criteria.
"Serialization wasn't one of the mandatory evaluation criteria as per the bid document," he said.
He however insisted that he followed due process even after Justus Bundi, Director of Supply Chain Management, took issue with the tender after the evaluation committee introduced the new criteria for bidders to qualify for the job.
Bundi had in his testimony before the court said that serialization of tender documents and form tender changed the outcome of the bid.
Form tender captures the sum total of the bid, the name and contact of the bidder.
He said the award of the tender was questionable on the grounds that it did not conform to the eligibility and other mandatory requirements in the documents.
He recommended that the accounting officer Wahinya order for re-evaluation of the tender by the same committee or appoint another ad hoc committee to re-evaluate and compare the results.
But this was not adhered to, he said.
Wahinya on Monday denied ignoring the professional opinion of Bundi.
He said he made some remarks on the professional opinion that due process has been followed to the letter.
"Few issues noted above can't affect the outcome, I hereby award the tender to testimony," he said.
He said the observations made by Bundi could not have affected anything and that is why he proceeded to award the tender to the recommended lowest evaluated bidder that was Testimony Enterprises.
The tender in question was for upgrading various gravel roads in Thika, Limuru, Gatundu North, Juja and Ruiru sub-counties during the financial year 2017-2018.
Lucas, former Kiambu Governor Ferdinand Waititu, his wife Susan Wangari, Testimony Enterprise directors Charles Chege and Beth Wangeci Mburu and others were placed on their defence after the court found they have a case to answer in the Sh588m graft case.
This is after the prosecution closed its case last year after calling 32 witnesses.
In May, this year, Waititu maintained his innocence and urged the court to acquit him.
He claimed that the charges were instituted because of his overwhelming support for President William Ruto during the 2022 succession politics.
"I was an ardent supporter of the President. At the time he was th deputy. I was sacrificed in a wider political war linked to the 2022 succession politics," he said.
Waititu, his wife Susan Wangari, Testimony Enterprises, its directors and others were 2019 charged with the irregular award of Sh588,198,328.20 roads tender in Kiambu County.
The tender in question was issued on February 12, 2018, and awarded to Testimony Enterprise owned by -Charles Chege and Beth Wangeci-after quoting Sh588 million.
The tender was for upgrading of various gravel roads in Thika, Limuru, Gatundu North, Juja, and Ruiru sub-counties during the financial year 2017-2018.