General

KPLC tender wrangles inspired by Raphael Tuju’s girlfriend

CAPTION: Kenya Power Board Chairlady Vivienne Yeda Apopo

Vivienne Yeda Apopo was the boss at the East African Development Bank (EADB). She was also Raphael Tuju’s girlfriend.

At some point in 2019 – 2020, the former Cabinet Secretary without portfolio Raphael Tuju was being hounded by a Sh1.5 billion loan he took from EADB.

Tuju had failed to repay the loan which was advanced for the construction of two-storey bungalows sitting on a 20-acre forested land dubbed Entim Sidai.

Yeda’s mismanagement records at EADB still send shockwaves to date. And with a powerful boyfriend inside Uhuru Kenyatta’s state house, she transferred the murk to Kenya Power and Lighting Company (KPLC) as board chair.

The carcass to be torn apart, tenders.

Four key figures at troubled Kenya Power are said to be behind vicious tender wars reported to have cost the electricity supplier hefty funding from the foreign donor community.

Kenya Power Board Chairlady Vivienne Yeda Apopo and former Kenya Pipeline Chairman John Ngumi have been fingered as the main forces that inspired recent chaos at the parastatal.

The leaks acquired by cnyakundi.com reveal that at the power firm, Vivienne Yeda enjoys full executive privileges which include a full-fledged state-of-the-art office.

Ngumi, on the other hand, holds a prestigious role that grants him powers to hold the company’s board hostage.

He is the Chairman of the task force to review Power Purchase Agreements (PPAs) that was set up by President Uhuru Kenyatta in April 2021.

Ngumi is known to be an architect of board changes and plays a key part whenever new appointments are made.

CAPTION: Power Purchase Agreements (PPAs) Review Taskforce Chairman John Ngumi

It is said that he was instrumental during the selection of Sachen Gudka into the Kenya Power board where the businessman was actively involved in pushing tenders for his buddies in the Asian community.

Gudka later grew close to Elizabeth Rogo, another figure in the cartel that is reportedly known to cut deals for shoddy international businessmen.

CAPTION: Kenya Power board member Elizabeth Rogo

Also mentioned in the cabal holding the power firm hostage is Caroline Kittony who represents the Moi dynasty at the sinking monopoly.

This is by virtue of being Baringo Senator Gideon Moi’s cousin.

 

CAPTION: Gideon Moi’s cousin Caroline Kittony

According to the leaked documents, trouble started at the firm in June after a body known as Power Transmission Line Contractors Association (PTLCA) took reported Kenya Power to the Public Procurement Review Board (PPB) in a bid to block a floated tender.

PTLCA bitterly protested against the tender through application number 93/2021 of June 28 2021 and requested for a review against the accounting officer, Kenya Power in tender no KP1/6E.1/PT/1/21/ A89  for the procurement of plant, supply and extension of low voltage lines last-mile connectivity at the average cost of Sh20 million.

This involved;

  • The supply and extension of LV single-phase lines and service cables in Homa Bay, Kisii, Migori, Nyamira, Kericho and Bomet counties calculated at Sh9,200,000 or USD 83,500,000.
  • The supply and extension of LV single-phase lines and service cables in Kisumu, Siaya, Vihiga, Busia, Bungoma and Kakamega counties listed under LOT B at a cost of Sh7,400, 000 or USD 67,100.

For Lot C, Sh3,300,000 was earmarked for a similar program in Embu, Murang’a, Meru and Tharaka Nithi counties.

But just before the tender was closed, the association dropped a bombshell by demanding an order annulling the tender document and the entire procurement process.

Also part of their demand was also an order compelling Kenya Power to withdraw the tender notice and readvertise the same via a fresh notice that unbundles the supply and extension works.

The body called for a fresh notice that unbundles the specific procurement notice and lists the same into small lots with specific works reserved for Kenyan citizen contractors among others.

In an unsuccessful attempt to fight back, Kenya Power filed a memorandum of response dated July 5, 2021, and raised jurisdictional objection to the request for review as demanded by the power transmission line contractors.

Kenya Power claimed that the board lacked jurisdiction to entertain such a request as per stipulated provisions of the public procurement asset.

The board was told that the loan agreement was between the government of Kenya as the borrower on one part and the African Development Fund as the financier on the other hand.

Under the said agreement, the Ministry of Energy was stipulated as the executing agency while Kenya Power was to be the implementing agency.

But in a shocking verdict, the board held that the agreement was not bilateral by virtue of the fact that one of the parties was the government of Kenya.

These tender wars instigated by John Ngumi and Vivienne Yeda led Kenya Power to a major blow after France made a decision to withdraw funding after what stakeholders described as “court interference by ruling against tender conditions”.

In conjunction with the other two board members, they have effectively sidelined top managers and have virtually taken over the running Kenya Power ever since they landed at the power firm.

The group managed to instigate ex-CEO Bernard Ngugi’s departure even after the court dismissed a petition to remove him over past procurement dealings.

Ngugi’s three-year term was to end in October 2022 but he was replaced by Rosemary Oduor in an acting capacity.

Rosemary, a qualified scion was never confirmed for the position, Geoffrey Muli replaced her in the same capacity.  These shenanigans have raised eye brows.

CAPTION: Engineer Geoffrey Waswa Muli, Managing Director, KPLC. Mr Waswa was appointed as acting MD in May 2022, replacing Rosemary Oduor who has been in the same capacity since August 2021.

Ever since Ngugi took over from Jared Othieno and the subsequent arrival of Vivienne Yeda’s team, Oduor had been lobbying for the position.

It is rumoured that she personally sponsored the case to have Ngugi bundled out on graft-related issues but it failed.

Within Kenya Power, it became an open secret that Bernand Ngugi and Vivienne Yeda were at war with each other.

Ngugi was one of the few senior managers who remained at the firm after a procurement scandal forced out 10 others, including his predecessor, Ken Tarus.

Ken Tarus alongside Ben Chumo and other senior managers were in July 2018 charged with abuse of office for allegedly entering into a contract with a private firm for the supply of transformers, which turned out to be faulty.

Ngugi, who had worked at the firm for over 32 years, was appointed CEO in October 2019.

About the author

Karecha Kamaris

Karecha Kamaris is the space between earth and heaven, the gap between ice and fire, the elementary molecule that justifies unending peace in the sea of turmoil. An 'appetite for adventure over the love of ease'.

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