Petition filed over irregular procurements, Tender awards at KeRRA

The Kenya Rural Roads Authority (KeRRA) Director General Philemon Kandie is facing accusations of flaunting procurement laws as set by the Public Procurement Regulatory Authority (PPRA).

A petition filed at the Milimani High Court by a human rights defender (Concerned Citizen) and Bunge la Mwananchi President Francis Awino together with two other petitioners Fatuma Wahenza and Wahome Muchunu indicates that Kandie engaged in misconduct in the evaluation of several tenders.

Awino stated that among the tenders awarded, one was way below the estimates by the engineer while the rest were above the projects by over one million.

“In October 2023, the respondent awarded the said projects to the highest bidder and not the lowest as provided in sections 83 and 86 of the Public Procurement and Asset Disposal Act and Article 227 of the constitution. One of the bidders in tender RWC 652 was way below the engineer’s estimates while the rest were one million above the project’s budget” Awino stated.

The three petitioners revealed that the eligibility criteria were changed several times with addendums being issued without following the set procedures.

They added that a total of five addenda were issued to custom make the tender suit the preferred bidders whom he alleged were in collusion with the KeRRA director general.

Kandie has been accused of using excessive power to control other departments to aid uncouth acts with the petitioner adding that this leads to questioning of his integrity.

In the petition, Awino said the DG was at the center stage of the transfer of Julius Gakubia from the maintenance department to another strategic department with the rural roads authority.

“The respondent was at the Center stage of the procedural transfer of one Julius Gakubia from the maintenance department.” He stated.

The DG has been accused among another clique of top managers at KeRRA of having registered firms and companies run by proxies in a bid to win lucrative tenders whose payments are made promptly.

Further, Awino indicated that the country has lost over Sh1 billion to tenders awarded irregularly to Shengli Engineering Construction (Group).

The group was awarded the said tender despite the Public Procurement Authority advising that Article 46 (1) (C) had been violated.

“Taxpayers have lost over Sh1B where the Respondent irregularly awarded a tender to Shengli Engineering Construction (Group) Tender Number RWC 647, RWC 648 and RWC 652IN 2023 despite Public Procurement Regulatory Authority advising Otherwise an outright violation of Article 46 (1), (c) which constitutional provision protects the economic interests of consumers of goods and services.” He stated in the petition.

The petitioners accused KeRRA of not completing some projects despite the annual allocations they receive adding that it all stems from an irregular procurement process overseen by the DG.

Awino called on the relevant investigative authorities including the Ethics and Anti-Corruption Commission EACC which he enlisted in the case as a respondent to move with swift speed and prevent further corruption.

The matter was mentioned today before Justice Mwamuye with the respondents being given 14 days to file their responses.

Mwamuye directed that the matter will be mentioned again next month.