The Director General of the Energy and Petroleum Regulatory Authority Daniel Kiptoo has been linked to a tender scam where a huge amount of money is alleged to have exchanged hands to favour a specific firm in a multi-million tender, also involved in the scam is the Deputy Director Supply Chain, Loise Thuge.
EPRA had advertised for consultancy services for the redesigning of its IT system (tender No. EPRA/SCM/4/3/21-22/012) where 14 firms tendered. At the initial stages, 8 firms were found nonresponsive while 6 firms were found responsive and proceeded to the next level. At the last stage of financial evaluation, Datasec Ltd attained the highest score. On 28th October 2021, EPRA notified Datasec that it had been awarded the tender and that the contract was to be signed within 30 days.
Later, EPRA terminated the procurement proceedings and cancelled the tender vide a letter dated 3rd February 2022 with an intention of re-advertising it again. It is believed that the company that the top EPRA management had wished to award the tender to after lining their pockets insisted on being awarded the tender.
Since Datasec had won the tender fairly and squarely, the only option was to cancel the tender on technicalities. It is said that after money exchanged hands to lock out Datasec, EPRA top management looked for loopholes, means and ways of locking out Datasec from being awarded the tender.
It is against this background that Datasec appealed with the Public Procurement Review Board. The board’s decision dated 4th March 2022 reads in part “The letter of termination dated 3rd February 2021issued by the respondent (EPRA) be and is hereby cancelled and set aside”
The Public Procurement Review Board further gave orders that EPRA should give notification of the award to Datasec within three days and at the same time notify unsuccessful tenderers that they were not successful.