Former Head of procurement at the Trans Nzoia County Government and a contractor have suffered a major blow after the High Court found them culpable of engaging in a fraudulent tender process.
The tender involved renovations of Kitale stadium. Court ordered them to refund over Sh25.3 million to the government.
The judgment delivered by Justice Nixon Sifuna at the Milimani Anti-Corruption and Economic Crimes Division.
Court ruled that Joseph Muindi Tevulo, former Head of Supply Chain Management at Trans Nzoia County, and contractor Robert Simiyu Wambulwa, the director of Koyi Building Contractors, were involved in a fraudulent scheme surrounding the renovation of the Kenyatta Municipal Stadium in Kitale.
The court ordered the trio to jointly and severally refund Sh25,334,525.50, which had been irregularly paid to Koyi Building Contractors by the county government through contracts that Justice Sifuna declared “null and void from the outset.”
“The defendants shall jointly and separately, forthwith, refund to the Kenya Government the entire sum of Sh25,334,525.50 that the County Government of Trans Nzoia paid on those contracts,” ruled Justice Sifuna.
The suit, filed by the Ethics and Anti-Corruption Commission (EACC), detailed that the funds were disbursed from two fraudulent tenders: one for the renovation of the Kenyatta Municipal Stadium and another for the construction of sheds at the same venue.
Investigations revealed that the contracts were executed based on falsified County Tender Committee minutes and that the agreement documents had not been signed by the County Government’s accounting officer, as required by law.
Instead, the documents bore the unauthorized signature of Muindi
The court also heard that to give a false appearance of competition, contractor Simiyu submitted multiple bids under different entities: Koyi Building Contractors and Siberrais Building Contractors Limited, an act the court identified as bid rigging.
Moreover, the tenders were neither advertised nor evaluated through proper procedures.
There were no documented minutes of any Evaluation Committee, and the whole process lacked transparency and accountability.
“The contracts were tainted with irregularities, illegalities, and fraud. Hence, are null and void ab initio, meaning as if there are no contracts,”stated Justice Sifuna.
In addition to the financial recovery order, Justice Sifuna issued stern sanctions against Muindi, barring him from holding any procurement-related public office in the future.
“A copy of this judgment be transmitted to the Honourable Attorney General of the Republic of Kenya to consider appropriate sanctions against Mr. Muindi, who was a public officer at the time of the subject tenders, including sanctions that bar him from holding any procurement portfolio in the public sector or any Kenya Government entity,” the judge ordered.
The court also noted that while Benjamin Ruto Timitim, the County Architect who was tasked with supervising the renovation, was initially part of the case, the suit against him was terminated following his death.
Again, the court found that the County Government had only approved Sh10 million in its supplementary budget for the 2013/2014 fiscal year for the stadium sheds.
However, a tender worth Sh15.8 million was unlawfully awarded a move the court deemed as “engaging in a project without prior planning,” in violation of Section 45(2)(c) of the Anti-Corruption and Economic Crimes Act (ACECA).
The EACC had argued successfully that the contracts were founded entirely on fraud and illegality, and that all funds paid under the flawed tenders should be returned to the public coffers.
By Nancy Gitonga
