EACC Cautions Kilifi Governor Against Making Payment To Contractor

The governor of Kilifi, Gideon Mung’aro, has been cautioned by the Ethics and Anti-Corruption Commission (EACC) against making payments to M/S Aden Contractors concerning the tender for revenue management (Tender No. KCG/FIN/RFP/1217959-2/2022/2023).

In a letter dated October 23, 2023 (Ref. EACC/MLD.6/15/1 VOL IV(180)) signed by the EACC Regional Manager for the Upper Coast region, Ben Murei, EACC says, “As you are aware, the Commission is undertaking an investigation into the allegation of procurement irregularities at the County Government of Kilifi through a tender for a proposal for the design, supply, implementation, testing, commissioning, and maintenance of an Integrated Revenue Collection System (Tender No. KCG/FIN/RFP/1217959-2/2022/2023) for the financial year 2022/2023”.

 The Commission has now issued a caution letter referenced (ref. EACC/MLD.6/15/1 VOL IV(157)) against signing any agreement in favour of the successful bidder. The letter further reads: “Preliminary investigations further indicate that the successful bidder, Aden Construction Company Ltd., does not have the requisite capacity and experience in undertaking revenue management and collection. In support of its bid, it annexed documents belonging to a third party, a firm by the name of M/S Techbiz Ltd.

 In the letter, EACC adds, is notified that “it is further noteworthy that the said M/S Techbiz Ltd. is currently providing similar services to the County Government of Mombasa, and the agreed rate of sharing is only 5%”.

In the final orders by EACC to the governor, Murei wrote “Pending the conclusion of investigations, we advise that you suspend implementation of the contract and the payment of the sum of Ksh. 103,797361.70 purportedly being in respect of the purchase of the system”. The letter further cautions the governor: “We further put you on notice that in the event of loss to the county government, we shall hold each and every person involved personally responsible and take appropriate criminal and/or civil action”.

The letter is copied to the County Secretary, County Executive Committee member for Finance and Economic Planning, Chief Officer of Finance, Chief Officer of Resource Mobilization, and County Attorney.

EACC has, however, noted that M/S Techbiz Ltd. is not a party to the agreement, and the competency of the successful bidder must be based on its merit and not those of a third party.