- The last time the matter was in court, former roads official at Kiambu County Lucas Wahinya said that some of the companies that were eyeing the lucrative Sh588 million 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 but those doing the evaluation felt that serialization was key in the process.
Image: The Star
The Sh588 million graft case facing former Kiambu county chief Ferdinand Waititu and others proceed today for a defence hearing.
The last time the matter was in court, former roads official at Kiambu County Lucas Wahinya said that some of the companies that were eyeing the lucrative Sh588 million 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 but those doing the evaluation felt that serialization was key in 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 Supply Chain Management took issue with the tender after the tender evaluation committee introduced new evaluation 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 total of the bid and the name and contact of the bidder.
He said the award of the tender was questionable because it did not conform to the eligibility and other mandatory requirements in the tender documents.
He recommended that the accounting officer being Wahinya order for a 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.
The tender in question was for upgrading various gravel roads in Thika, Limuru, Gatundu North, Juja and Ruiru subcounties during the financial year 2017-2018.
Separately, an Anti-corruption court will today hear a case in which Bomas of Kenya CEO Peter Gitaa Koria was charged with procurement irregularity amounting to Sh8.6 million.
It is alleged that Koria being the CEO and Accounting officer of Bomas of Kenya, wilfully failed to comply with the law relating to procurement.
He is accused of committing the offence between December 29 and 30 June 2021.
It is alleged that Koria being the CEO and Accounting officer of Bomas of Kenya, willfully failed to comply with the law relating to procurement.
He was accused of engaging in a procurement process without an approved budget in relation to various tenders during the financial 2020/2021.
The charges indicate that Koria engaged in procurement irregularities in the award of the following public tenders: Quotation No.15/Kitchen Items; Quotation No.16/Utensils; Quotation No.17/Kitchen Items; Quotation No.18/Plates & Cups and Quotation No.19/Cutlery and Other Items which were not factored in the Bomas of Kenya's Budget and Procurement Plan FY 2020/2021.
And still, at the anti-corruption court, parties are expected to highlight their submissions in a case in which Former Busia Governor Sospeter Ojaamong is facing a Sh8 million graft case.
The case is at its tail end.
Ojaamong was charged with abuse of office and economic crimes with allegations of irregular procurement of a waste management feasibility project in Busia during the 2013/14 financial year.
He has since denied the charges.