The Nairobi County Government awarded a Ksh 313.8 million tender for street lighting electrical materials, and the Ethics and Anti-Corruption Commission (EACC) is now investigating this contract due to numerous irregularities in its procurement process.
The probe found that letters of notification for the contract were issued on February 6, 2023, with local purchase orders (LPOs) being signed on the same day.
This sequence of events violated the required 14-day waiting period between notification and contract execution, which is a key safeguard in public procurement.
The investigation also revealed that the LPOs were issued without the proper acceptance of the awards, thereby breaking public procurement laws.
The accounting officer did not provide the necessary approval before signing these orders.
This is a contravention of legal and procedural requirements.
Following its findings, EACC has forwarded a report to the Office of the Director of Public Prosecutions (ODPP).
The report recommends legal action against several Nairobi County officials, including the Chief Officer for Works and Mobility, Dr. Machel Waikenda, head of procurement, Finance Officer Asha Abdi, and chairperson of the tender evaluation committee (TEC).
The implicated parties also include the chair of the tender opening committee, two TEC members, and directors of the involved companies.
Ms. Abdi previously served as Chief Executive Committee (CEC) Member Finance for Isiolo County and Chief Officer Finance for Mombasa County.
EACC has suggested seven charges, including conspiracy to commit a corruption offence, neglect of duty, failure to follow procurement laws, corrupt procurement practices, issuing false documents, forgery, and financial misconduct.
The commission also calls for contract cancellation and disciplinary action against the officials involved.
The Nairobi City County Government has received a proposal to improve adherence to procurement procedures in future contracts.