By Correspondent
The High Court has delivered a scathing judgment nullifying a Sh25 million tender for the renovation of Kenyatta Municipal Stadium in Trans Nzoia County, citing rampant fraud, bid-rigging, and blatant violation of procurement laws.
Justice Nixon Sifuna, in a landmark decision delivered in Nairobi on Thursday, ruled that the contracts awarded to KOYI Building Contractors were “null and void ab initio”, as though they had never existed, due to “irregularities, illegalities and fraud” that tainted the entire process.
The case was filed by the Ethics and Anti-Corruption Commission (EACC) against three individuals, Joseph Muindi Tevulo, the former Head of Supply Chain Management at the county; Robert Simiyu Wambulwa, a contractor trading as KOYI Building Contractors; and the late Benjamin Ruto Timitim, the then County Architect.
According to court records, the EACC sought to recover Sh25,334,525.50 in public funds lost through what it termed a “deeply flawed and fraudulent” tendering process. The court ordered the defendants, excluding Timitim, whose case was terminated due to his death—to jointly and severally refund the entire amount to the government, with interest at commercial rates from the date the suit was filed until payment in full.
The contracts in question, dated 16 September 2013 and 22 April 2014, were ostensibly for the renovation of the stadium and construction of spectator sheds. However, the court found that they were never sanctioned by the county’s accounting officer, a legal requirement under procurement law.
Justice Sifuna castigated the defendants for their role in facilitating the scam, noting that the tendering process lacked transparency and legitimacy. “There was no advertising, no proper evaluation, and no record of deliberations by the tender committee,” he observed.
Particularly damning was the role of Wambulwa, who was found to have submitted multiple bids under different business names, an act the EACC labelled a textbook case of bid-rigging. Despite only Sh10 million being approved in the county’s supplementary budget for the project, Wambulwa was awarded a contract worth Sh15.8 million, in a flagrant breach of public finance regulations.
Tevulo, the most senior public official among the defendants, was criticised sharply by the court. The judge said he bore significant responsibility for facilitating the fraudulent contracts, leading to the loss of colossal sums on fictitious works.
Despite entering appearance and filing defences, the defendants failed to participate in the hearings, a move the court interpreted as wilful negligence and a lack of wisdom, especially for a public officer like Tevulo.
The ruling sends a strong message that corrupt dealings in public procurement will not be tolerated. It also underscores the court’s commitment to upholding the rule of law and protecting public resources from looters operating under the guise of development.
