One of the directors of a company at the center of a 1.4 billion Kenya Ports Authority scandal involving Nyaribari Masaba Constituency MP, Daniel Manduku told Milimani Anti-corruption court Chief Magistrate Hon.Dr. Victor Wakumile that the tender document lacked a commencement date and contractual amount.
Testifying against former KPA managing director Daniel Manduku, the director Abdisalaam Hassan could not state the total amount in the contract agreement entered between his company Absam and Sun Limited and KPA.
When asked by the court to indicate the date and the amount involved, Hassan could not locate it in the tender and agreement documents that his company was awarded for the construction of concrete barriers at the Inland Container Depot, Kilindini Port and Makongeni Goods
Though the agreement between his company and KPA did not articulate the contractual some, the witness was quick to state that paid Sh 84.3 million by KPA for the construction of the concrete barriers by the ports authority.
“The contractor documents presented to me by the DPP do not herein do not indicate the date we signed it and the amount involved,” Hassan stated.
Interestingly the witness said that the tender was awarded in 2016 but only implemented the same three years later.
Asked whether they were paid for the works per the rates of 2019, Hassan they received the money at the rate of 2016.
The witness was testifying in a case where the prosecution claims Manduku irregularly paid Mllion to the Hassan’s company construction of concrete barriers which had not been budgeted for or planned in the procurement plan of KPA in the financial year 2018-19
Hon. Manduku and his co-accused, Juma Fadhili, a former works officer at KPA are accused of disregarding the procurement law and regulations in awarding contracts.
The court heard that apart from causing the KPA to spend money that had not been budgeted for, the actions of the second accused Chigulu led to the overpayment of Sh244,837,908.59.
