Kilifi Governor Gideon Mung’aro continues to grapple with the fallout from a Ksh 300 million tender fraud that he believed had been handled by his trusted aides.
The governor now faces mounting pressure after a lobby group wrote to the County Secretary, demanding details related to two garbage collection tenders worth Ksh 300 million.
In a letter dated August 28th, 2024, and received by the County Secretary a day later, the human rights watchdog seeks clarity on the tendering process for these contracts.
The tenders in question are Tender No. CGK/MM/OT/027/2023/2024 for garbage collection and disposal services in Malindi Town and its environs, and Tender No. KCG/WEFNR/1246119/2023/2024 for garbage collection and disposal in Mtwapa Town and surrounding areas.
The issue was first raised in the County Assembly but was reportedly dismissed by the relevant committee.
However, the lobby group, a non-profit organization focused on human rights, believes the tendering process failed to meet the required standards.
“Based on the aforementioned and in the course of our client’s daily operations, critical information requiring clarification has come to light regarding the referenced tenders,” the letter states.
The group is now requesting documents outlining the tender invitations, as per Section 74 of the Public Procurement Asset and Disposal Act of 2015, as well as the list of bidding entities, tender opening minutes, and advisory opinions from the head of procurement regarding these tenders.
The lobby group also seeks original bid documents from tendering entities, evidence proving the awarded companies qualifications and minutes from the evaluation and tendering committee.
Other requested materials include the procurement plan, performance bonds, payment vouchers and inspection reports related to payments for the tenders.
The County has been given 14 days to provide this information to the group’s lawyer.
“Take notice that should you fail to respond to our request within the next 14 days, we shall institute legal proceedings against you without further notice,” the letter warns.
Dubious Tendering Process
The two tenders were initially floated during the 2022/2023 Financial Year and were carried over to the 2023/2024 Financial Year.
The companies involved were poised to win the same tenders for the 2024/2025 Financial Year, aided by the County’s adoption of a two-year prequalification framework.
This approach limits business to a few well-connected cartels within the revenue office, finance department, procurement desk, and the Governor’s office.
The tendering process appears largely predetermined, with minimal oversight from the relevant offices.
One notable example is Tender No. CGK/MM/OT/027/2023/2024 for garbage collection in Malindi, initially awarded at Ksh 35 million during the 2022/2023 Financial Year.
The tender was later revised upwards to Sh83 million, benefiting Jickram Investment—a company notorious for tender-related controversies.
The extra Sh50 million was reportedly shared among key players.
The Ethics and Anti-Corruption Commission (EACC) investigated the tender following public complaints that the awarded company lacked the necessary qualifications and experience in garbage collection.
Jickram Investment bid Sh3,490,000 for the tender, while other qualified companies such as Binzin Supplies Ltd (Sh3,400,000), Masharubu Co. Ltd (Sh3,700,000) and Lanahoran Investments (Sh3,698,000) were overlooked.
A similar was witnessed with Tender No. KCG/WEFNR/1246119/2023/2024 for garbage collection in Mtwapa, sparking public outrage given the continued presence of garbage in the area.
A prominent Kilifi MP eyeing the gubernatorial seat, has also allegedly benefited from this tendering scheme.
Bribery for Silence
When this matter surfaced in March 2024, Kilifi MCAs reportedly accepted bribes to drop the issue.
The County Assembly’s Environmental Committee has remained conspicuously silent on the matter.
Both the EACC and the Directorate of Criminal Investigations (DCI) are said to have been similarly compromised and let go of what many believe is a serious offence warranting impeachment.
Garbage Menace and Looting Strategy
Last year, Governor Mung’aro sacked the entire Malindi Municipal Board, which was responsible for overseeing city affairs, development policies, land use and public health initiatives.
The Governor’s decision followed public complaints about the stench from unmanaged garbage.
After disbanding the board, Mung’aro presented a new list of board members to the County Assembly, which included Suleiman Omar as Acting Chairman, Clara Mkambe and Agnes Muturi as members.
Residents now suspect this was a calculated move to ensure certain companies remained in control of garbage collection, free from board interference.
Audit Struggles
Governor Mung’aro has also faced scrutiny from Auditor General Nancy Gathungu, who flagged the Kilifi County Government for irregular payments and procurement activities.
The 2022/2023 audit revealed that Ksh177,094,193 was paid for specialized materials and services and Ksh298,029,333 for road construction without proper documentation.
The County was also questioned over a Ksh27,777,000 payment for seeds, fertilizers and farm implements.
The audit revealed that there was no proof of beneficiary identification, ownership of land, or evidence of testing for viability and suitability of the inputs by the Department of Agriculture.
The County also failed to provide compliance documents, such as valid tax certificates and certificates of incorporation and did not conduct sufficient public participation in these projects.
Further concerns were raised over a Ksh62,000,000 payment to the Kenya Medical Supplies Authority (KEMSA) for medical supplies with the audit revealing a lack of proper inventory documentation in violation of the Public Procurement and Asset Disposal Act, 2015.
The row over seed supply payments has been a contentious issue during the 2023 planting season with some MCAs voicing their concerns over the quality of seeds distributed to local farmers.
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