The tender in question was by way of an advertisement in MyGov Newspaper on 22nd November 2022 and on the KMC website www.kenyameat.co.ke and www.government.co.ke where a total of 8 tenderers submitted their bids. However, 1 tender was not opened as members of the Tender Opening Committee witnessed that the said tender was dropped late. The 7 remaining tenderers were Mushimi Limited, TML Group Limited, Apex Project Limited, CUMA Refrigeration, SAMKYO Investment, JV- AL HUDHA and Biometric Tech Limited
By The Weekly Vision
Following the appointment of Brigadier Joseph Kiptoo Kasaon as the chairman of Kenya Meat Commission by President William Ruto, a tender scam has hit the commission with allegations of bribery and underhand deals taking place. A company trading as Apex Ltd has lodged claims to the effect that it was fraudulently locked from participating in a tender by the KMC board and procurement officers. According to the company a decision by the then Managing Commissioner, Kenya Meat Commission Brigadier James Githanga concerning Tender No. KMC/IOT/CL/11677/2022 for Procurement of Supply, Installation, Testing and Commissioning of Canning Lane was marred with irregularities from the start.
The tender was by way of an advertisement in MyGov Newspaper on 22nd November 2022 and on the KMC website www.kenyameat.co.ke and www.government.co.ke where a total of 8 tenderers submitted their bids. However, 1 tender was not opened as members of the Tender Opening Committee witnessed that the said tender was dropped late. The 7 remaining tenderers were Mushimi Limited, TML Group Limited, Apex Project Limited, CUMA Refrigeration, SAMKYO Investment, JV- AL HUDHA and Biometric Tech Limited.
During the evaluation, the tender committee reported that the Apex Project Ltd tender was non-responsive for failure to attach an NCA certificate while the remaining 6 tenders were considered responsive and preceded to Technical Evaluation.
According to the Evaluation Report, the Hema brand was determined to be technically and financially qualified. It had quoted Euro 1,571,000.00 + Kshs. 7,034,620 = Kshs. 212,348,610.00 In a Professional Opinion dated 5th April 2023, the Supply Chain Manager, and Mr. Joakim Boli approved the tender process as transparent. Tenderers were notified of the outcome of the evaluation of the subject tender vide letters of Notification of Intention to Award dated 6th April 2023.
However, on 13th April 2023, Apex Ltd filed a request for Review dated 12th h April 2023 together with a Supporting Statement signed by Eng. Tom Waiharo Njoroge, its Managing Director. Mr Njoroge prayed that the Administrative Review Board be pleased to order the KMC to disband the Tender Review Committee that arrived at the said decision and immediately form a new Committee in a bid to ensure transparency, efficiency and regularity in the subsequent decision process. According to the KMC tender committee, Apex Ltd failed to submit the NCA certificates and also failed to include in its tender list of spare parts separately as required by the Tender Document.
In a ruling dated 4th May 2023, the review board noted “We have also established that the 1st and 2nd Respondents lacked transparency in issuance of the Applicant’s letter of Notification of Intention to Award the subject tender dated 6th April 2023 by failing to disclose the reason why the Applicant was disqualified at the Preliminary Evaluation stage by the Evaluation Committee”.
The ruling further reads “Consequently, the Board deems it fit to nullify the Letters of Notification of Intention to Award Contract in the subject tender issued to the successful tenderer and unsuccessful tenderers dated 6th April 2023”
