By The Weekly Vision Reporter
The management of two state corporations, the Rural Electrification and Renewable Energy Corporation (REREC) and the Energy Petroleum Regulatory Authority, are under the radar after an individual, Yashim Butende, went to court to have the two state agencies investigated over claims of fraudulent awarding of multi-million-shilling tenders to unqualified vendors.
The matter has put the REREC acting Chief Executive Officer Rose Mkalama and Board Chairman Godfrey Lemiso, as well as the APRA Director General Daniel Kiptoo and board chairman Justice (Rtd) Jacktone Ojwang, on the spot.
In the Petition, dated September 18, 2023, Mr. Butende raised several concerns as far as how the two boards at REREC and EPRA awarded lucrative tenders. In the application, Mr Butende wants EPRA and REREC managements investigated for collusion in awarding tenders to unqualified firms in possession of Class C-1, Class C-2, instead of those in possession of Class A-1, Class A-2, in contravention of the Energy Act No. 1 of 2019.
He further prayed that investigations be conducted to the effect that EPRA and REREC managements have unjustifiably awarded tenders to Class C-1 and Class C-2, where only Class A-1 and Class A-2 disadvantage tenderers and suppliers from Class A-1 and Class A-2.
In his application, he claimed that REREC and EPRA, by denying tenderers a fair process in tendering to enable them to maintain a respectable quality of living, have infringed the tenderers’ right to human dignity enshrined in Article 28 of the Constitution, which provides that every person has inherent dignity and the right to have that dignity respected and protected.
He further claimed that REREC and EPRA, by colluding in an unfair process, infringed on the tenderer’s right to enjoy the economic and social rights enumerated in Article 43 of the Constitution.
He has prayed for a permanent injunction restraining EPRA, REREC, their agents, or persons acting under their authority and command from entering into any concessions or contracting any party for the provision of services in the tender for labour and transport contractors for the year 2023-2025; rfx no. 1000000903.
He further prayed for a declaration that the actions of REREC and EPRA in procuring unqualified tenderers amount to providing substandard services to Kenyan citizens through inefficiency and lack of capacity, hence endangering the health and lives of Kenyans through unreasonable substandard services, which violates the provisions of Article 46 of the Constitution, which guarantees the rights of consumers.
