NAIROBI—Road projects in Mandera North and Guba ward in Banisa constituencies are on the verge being cancelled throuth a court order after a local petitioner raised concern over “fake” contracts dished to politically well connected individuals.
Through a request addressed to the Public Procurement Administrative Board, Mohamed Abbey Kalimoi, a residents of Mandera North constituency insists that the recent tenders advertised by Kenya Rural Roads Authority (Kerra) flouted several procurement laws and procedures.
The contested roads include Guticha – Marothile road, Guticha – Shandarmot road, Shandarmot – Daidai road, Daidai – Lanqurac road, Guticha – Makutano road, Makutano- Shirshir road, Bambo- Guticha road, Guticha – Shirshir road, Shirshir – Daidai road and Guticha- Guba road.
Mohamed Abbey Kalimoi through I&M Advocates stated that the roads advertised comprised of several non-existence roads; one road advertised in two different tenders while others are listed in both 4th November, 2022 and 23rd September, 2023 tender notices.
He also noted that “the above tenders and the process therein infringes the provisions of article 227 of the Constitution which requires public procurement to be carried out in a manner that is fair, equitable, transparent, competitive and cost-effective, Public Finance Management Act, 2012 that ensures the public finances are managed at both levels of Government in accordance with the principles set out in the Constitution which in turn facilitate effective and efficient use of limited resources; The Public Procurement and Asset Disposal Act, 2015 whose objective includes, among others, improving efficiency, competition, accountability, protection of rights and fundamental freedoms et al.”
Among the illegalities he pointed out is,
Non-existent roads such as Shirshir-Daidai road and Guticha -Guba road.
One road advertised as two roads in the same tender of 4th September, 2023 are Bambo— Guticha road and Guticha — Marothile road.
Two different roads in two different constituencies advertised as one road in one constituency; Guticha- Guba Road. Guticha road is in Guticha ward in Mandera North constituency while Guba road is in Guba Ward which is in Banisa constituency.
Other irregularities pointed out are tender documents showing the estimated budget of the project contrary to the Public Procurement and Asset Disposal Act, 2015.
One settlement( Daidai) which has been in existence for about two years was shockingly found to have main junctions which, according to the petitioner, “is completely non-existent.”
1. Shandarmot— Daidai road
2. Daidai — Lanqura road
3. Shirshir — Daidai road
Guticha — Bambo road and Lanqura Road were found to be repetitive since they appeared on both the previous tender advert of 23rd November, 2022 and 4th September , 2023 “despite the rest of the roads in the constituency in bad shape.”
Kalimoi, in his letter to the Cabinet Secretary for Roads and Transport Kipchumba Murkomen, noted that: “It is also important to note that when we (residents of Mandera North Constituency) questioned our leaders over the same, they alleged that a powerful individual in the Kenya Roads Board is the main beneficiary of the said tenders, and in return, he will going to organize many more similar road projects for the Constituency.”
He continued: ‘…to put an injuction to the process as we await clarification on the matter as well seek an audit of similar road projects in the area for the last four financial years.
We deemed it fit to bring this matter to your attention so that you take note of the unscrupulous tendering process and instill accountability in line with the Kenya Kwanza Administration’s policy of Zero Tolerance to corruption.”
