The Ethics and Anti-Corruption Commission has recommended the prosecution of all persons involved in the irregular procurement process in the award of a multi-million shillings tender by the Technical University of Mombasa to a local company M/S Ifata Engineering Services Ltd.
The University had advertised a tender for the fencing of Gotani land in Kaloleni where Ksh. 6.9M was paid to M/S Ifata Engineering Services Ltd. Investigations reveal that the University was approached by the Kaloleni Constituency Development Fund Committee to construct a university college in Kaloleni on condition that the Kaloleni community donates land to the university.
The Kaloleni District Development Committee approved the proposal to have a university around the Gotani area where the land of approximately 55.8 acres was identified and the project committee agreed to purchase the land at Ksh. 90,000 per acre.
The Kaloleni Constituency Development fund held meetings over the same and finally approved a payment of Ksh. 5, 022,000 to the Kaloleni District Commissioner who was the chair of the Land Control Board and who was believed to know the rightful owners of the community land well.
The payment of the money was affected through the Kaloleni District Commissioner’s office vide payment voucher No. 290946 and receipt no 0167584. Upon payment, the Vice-Chancellor instructed the project manager to follow up on the issue of fencing and securing the title for the plot, however, the same was not done.
Later, the procurement process began and the tender was advertised as an open tender and later awarded to M/S Ifata Engineering Services Ltd at Ksh. 16,806,238.05. Later, the university council met and resolved that the land matter be abandoned as getting the land title was proving to be impossible leading to the termination of the fencing contract.
At the time of termination of the contract, two payment certificates had been paid to the contractor for the works and materials delivered for Ksh. 6,930,250 and Ksh. 4,476,423 respectively. Investigations further revealed that M/S Ifata Engineering Services Ltd. has never been paid Ksh. 2,728,032 as a termination claim. A report was compiled and sent to the DPP on June 23rd, 2023 for the file to be closed and for the Technical University to proceed with the acquisition of the title for the land.
