A petition contesting the loss of public funds to a tune of Sh 1 Billion in respect to upgrading and maintenance of Metembe -Owalo-Riomo -Marani and surrounding area road has been filed in court.
Francis Kinyua Mwangi has filed a petition under certificate of urgency seeking to stop Kenya Rural Roads Authority (KeRRA) from awarding that tender to Shengli Engineering Construction Group pending the hearing and determination of the petition.
Through his lawyer Simon Mburu of Kago Mburu & Associates Advocates, the petitioner says that KeRRA through a well-organized criminal enterprise and through the use of corrupt practices and in an unlawful conspiracy with the persons affiliated to award Shengli Engineering Construction (Group) CO limited the said tender for personal gains.
“The tendering process in respect to tender no RWC 652 is marred with corruption, illegalities and contravention of the law and the Kenyan taxpayer is at risk of losing more than Sh 1 Billion which amount will benefit few individuals and Staff of KeRRA and the company which contravenes the law, “added lawyer Mburu in the petition.
Lawyer Mburu adds that the action of KeRRA amounts to gross violation of Articles 10 and 227(1) of the constitution which outlines the national values and principles of governance, transparency and accountability.
He says KeRRA has failed to uphold these principles by engaging in practices that undermine fair competition and transparency in the procurement process.
“KeRRA actions have compromised the integrity of the procurement process, allowing collusion of favoritism, thereby defrauding Kenyan taxpayers and violating the legal and ethical standards required by the constitution, “added Mburu.
According to the petitioner, The Public Procurement Regulatory Authority has through a letter dated March 20,2024 indicated there exists a criminal enterprise within the staff of KeRRA and the same has not been either prosecuted ,nor confirmation of investigations having been commenced by the Principal Secretary, State Department for Roads in respect to the conduct of KeRRA.
They say that this action leaves the court as the only hope left for Kenyans in combating the corrupt practices that perverse the tendering process in respect to tender RWC 652.
Mburu adds that the actions of KeRRA amounts to violation of Article 46 (1), (c)which constitutional provision protects the economic interests of consumers of goods and services and more so in relation to services being rendered by Shengli Engineering Construction Group upon award of the tender.
It is alleged that KeRRA invited bids from eligible construction companies for the completion of stalled road projects under the said above tender as part of the Roads 10,000 program for the 2023/2024 financial year.
He says KeRRA intends to award the tender to Shengli despite there being another responsive bid by Guangxi Hydroelectric Company and the difference of the tender amount is more than Sh 1B which award to Shengli without due process will amount to violation of the constitution and procurement Act.
