The Auditor General has singled out 11 devolved units for the delayed construction of County Assembly Chambers, with the stalled projects cumulatively costing taxpayers Sh3.8 billion and overshooting delivery timelines by seven years.
The report has flagged Kilifi, Marsabit, Isiolo, West Pokot, Samburu, Trans Nzoia, Uasin Gishu, Nandi, Bomet, Kisumu and Homa Bay counties.
Ms Nancy Gathungu, the Auditor General, noted in the financial year 2023-2024 reports that most of the contractors had abandoned the site even after receiving a bulk of the payments in the contracts signed, while the assemblies did not provide the auditors progress reports for work done.
The Auditor-General, Nancy Gathungu, when she appeared before the County Public Investments and Special Funds Committee (CPIC) chaired Otieno Kajwang at the Bunge Tower Nairobi on Tuesday, March 4, 2025.
Photo credit: File| Nation Media Group
The defaulting contractors had not sought extensions of delivery timelines; some county assemblies threatened to terminate contracts, but assemblies failed to claim liquidated damages provided for in law.
Some of the contractors took over the project sites 10 years ago, but had not completed the works, while project implementation committee chairman resigned in a huff.
County Assemblies Forum (CAF) chairman Seth Kamanza said the assemblies were engaging the National Treasury, the Commission on Revenue Allocation, and other stakeholders to unlock resources towards speedy completion of the projects.
He said the assemblies faced enormous challenges in completing the infrastructure project, but the remaining 36 counties had either completed their chambers or were in the process of completing them.
Financial constraints, he said, were more pronounced between 2013-2017, worsened by Covid-19 outbreak that affected cash flow and prioritisation of projects by the government, and worsened by the Gen-Z protests last year.
“These projects are vital to strengthening legislative work and providing a dignified environment for debate, oversight, and representation of the people,” Mr Kamanza, who is also the Kilifi County Assembly Speaker, stated.
In Kisumu, the contractor awarded the Sh418,356,349 tender for construction of County Assembly Chambers abandoned site having been paid Sh187,293,539 as of June 30, 2024.
The contractor was awarded the tender on January 18, 2022 and was expected to deliver the project within two years (by January 18, 2024).
The Auditor General noted in the reports that the contractor abandoned the project with only 48 per cent of the work done.
Kisumu County Assembly Speaker Elisha Jack Oraro said the project is expected to be completed in October this year, and admitted there were delays in the implementation of the project.
Elisha Jack Oraro is sworn in as Kisumu County Assembly speaker after he won the election on September 20, 2022.
Photo credit: Tonny Omondi | Nation Media Group
“There was an issue with the Contractor and Sub-contractors which caused implementation delays but the matter was resolved. Some equipment such as elevators, Generators among others were being imported hence the delay but work is moving towards completion stage,” said Mr Ojuok.
In Bomet County Assembly, Sh473,477,177 was allocated for the construction of the chambers on March 19, 2020 which was to be delivered within 160 weeks ((by April 14, 2023).
Bomet County Assembly Chambers, that is under construction for Sh 473.4 million in this photo taken on July 13, 2025.
Photo credit: Vitalis Kimutai| Nation Media Group
By the time the audit was done, a total of Sh444,499,327 representing 94 percent of the total sum, had been paid to the contractor while 16 months beyond the stipulated timelines, the construction was incomplete.
Installation and commissioning of lifts, interior design and decoration of debating chambers valued at Sh32.8 million had not been completed when physical verification was done by auditors on September 5, 2024.
Still, construction and civil works for the gate house and perimeter wall at the assembly was signed in a different contract of Sh26,615,540 with the project expected to be delivered within five and half months (by November 1, 2023).
By the time the audit was conducted, a total of Sh15,176,129 had been paid in a different contract, for the perimeter wall and gate house at the main assembly.
“The length of the perimeter wall was not specified in the bill of quantities, limiting determination of scope of works…In September 2024, 11 months after the completion date, the perimeter wall and gate house were incomplete and the contractor not on site” The auditor noted.
Though the assembly issued notice to the contractor of intention to terminate the contract on grounds of unsatisfactory work, a legal opinion had not been sought from the Attorney General yet it is a key requirement.
In the 2025-2026 budgetary allocation, the Bomet MCAs starved the chambers of Sh96.4 million meant for its completion.
Mr Cosmas Korir, the Speaker of the Bomet County Assembly said the delay in the construction had been occasioned by cash flow challenges in the past but most of the issues had been sorted out with the facility set to be completed and equipped.
“The Assembly has officially engaged the State House with a proposal to have the President as the chief guest during the planned opening of the new Chambers. The contractor is expected to complete the works within the shortest time possible” Mr Korir said.
Bomet County Assembly Speaker Cosmas Korir (centre), Deputy Speaker Leonard Rotich (left) and Majority Leader Paul Kirui (right) lead the MCAs at a press conference on July 15.
Photo credit: Vitalis Kimutai | Nation
In Uasin Gishu County Assembly, a contract of Sh491,934,272 was signed on November 25, 2021 with project delivery timelines of 141 weeks.
On August 21, 2023, the main contractor entered into a sub contract agreement for the building works and approval was granted by the assembly on September 29, 2023 with Sh106,366,497 having been paid to the sub-contractor in the period under review.
As of June 30, 2024, Sh169,923,009 had been paid to the contractor and sub-contractor, representing 35 percent of the total contract sum.
This is despite the fact that 138 weeks of the implementation window (representing 97 per cent of the period) have lapsed with only 35 percent of the work delivered and the contractor had abandoned the site (at the time of physical verification in June 2024).
At the same time, the auditors raised questions on the resignation under unclear circumstances of the chairperson of the Project Committee with the status of project report not provided to the auditors.
On July 12, 2024 the Project Implementation Committee issued a notice of slow progress (of works) to the contractor and sub-contractor and noted that work done was not commensurate with the time lapsed
“Delayed completion of the project exposes the county assembly to the risk of cost escalation and value for money on expenditure may not be achieved” Ms Gathungu stated in the reports.
Speaker of the Uasin Gishu County Assembly Philip Muigei confirmed that the contract for the project had been terminated for non-completion.
“Following failure by the contractor to complete the project, the contract was terminated and re-advertised and a new firm will be picked in a few days to carry on with the works” Mr Muigei said.
Uasin Gishu County Assembly Speaker Philip Muigei, during a sitting on June 20, 2023, to debate a motion to adjourn House proceedings over a salary dispute with the Salaries and Remuneration Commission, (SRC)
Photo credit: Jared Nyataya | Nation Media Group
The Trans Nzoia county assembly signed a contract for the construction of administration building and chambers at a cost of Sh477,657,860 on January 21, 2024 which was to be delivered in 18 weeks.
But the contract was terminated on July 22, 2022 with Sh39,231,347 having been paid to the contractor in what represents eight percent of the total sum of the contract.
According to the Auditor General, the assembly re-tendered the works for Sh464,359,150 and the new contract was signed on March 20, 2023 with a delivery period of 37 weeks.
“As of June 30, 2024, the assembly had paid Sh333,444,292 representing 72 percent of the contract sum but the project was behind schedule” The report states.
The auditor questioned the value for money of the Sh372,675,639 already paid to the contractor.
At the time of the audit, the assembly was yet to claim liquidated damages as provided for in the Public Procurement and Assets Disposal Act Regulations, 2020 for delay to deliver the project.
Mr Moses Lupao, the Clerk to the Trans Nzoia County Assembly, confirmed that the initial contract had been cancelled for non-performance; final accounted settled and liquidated damages recovered while a new contractor took site on April, 2023.
“The project is ongoing and is at 92 per cent completion level. Work is within the approved extended contract period. The delayed disbursement of funds from the National treasury has previously slowed down payments and issuance of part completion certificates to the contractor” Mr Lupao stated.
In West Pokot, a contract of Sh358,392,421 was signed on January 6,2015 with Sh346,292,421 having been paid by June last year representing 97 percent of the contract sum.
“Prime cost of Sh34 million is not accounted for as no certification to show work met technical standards, whether it was delivered on time or extensions (of delivery timelines by contractor) were sought” The Auditor General stated in the reports.
The project was to be completed in 2018, but the assembly did not claim liquidated damages from the contractor as provided for in the contract.
“It was 90 per cent complete by September 2024 and partly occupied without completion or occupation certification being provided,” the auditors revealed.
Another contract for the construction of the restaurant and car park was issued by the county assembly on January 3, 2014 for 36,685,718 with Sh15,765,679 paid in the 2014-2015 fiscal year.
But the county assembly did not provide the payment vouchers, certificates of completion, and the status report of the project were not provided for audit.
A spot check on Friday showed that the facility was occupied in July last year even though it was incomplete as captured by the Auditors.
Homa Bay County Assembly awarded a Sh13,365,990 tender for the construction of committee rooms and Sh13,309,990 had been paid by the time of audit with works marked as 100 percent complete, yet auditors stated it was incomplete.
Renovation works done at Sh8,749,097 had been paid for and marked as complete, but auditors stated it was incomplete, so to fencing that cost Sh6,141 of taxpayers' money.
County Assembly Speaker Polycarp Okombo has said the committee rooms in the chamber are complete with the construction of the project ongoing.
In Samburu, a contract of Sh319,169,121 was signed February 2017 and was to be completed on August 8, 2018.
However, by the time of physical verification in September 2024, the project had taken 384 weeks, which is 270 weeks (translating to five and a half years) beyond the due date of delivery by the contractor, with no extension records.
A further Sh17.7 million was budgeted for the purchase of furniture for the assembly chambers according to the audit reports.
In 2019-2020 fiscal years, Isiolo County Assembly issued a contract for Sh314,000,768 for the construction of chambers with Sh70,438,026 having been paid at the time of audit while the contractor had sought three extensions for completion.
The contractor sought 64-week extension of the contract period in 2021 and another 130 weeks in 2024.
“Approval letter for extension dated July 11, 2024 was contradictory as it states the completion date after two years and six months to be December 18, 2024 instead of May, 2026” the audit report states.
Construction of a County Assembly block in Kilifi County was contracted for a sum of Sh508,549,889 on February 12, 2016.
As at 30th September 2023, the valuation works at the chambers was Sh155,985,743 and the project was reduced to Sh350,771,955 through a circular from the National Treasury.
“During the year under review, an amount of Sh96, 842,929 was incurred on the project and it was still incomplete,” the audit report states.
In Mandera, a contract of Sh344,205,660 was issued in January 2017 with a delivery timelines of 70 weeks, but by September 2024 – four years later (261 weeks of the contract period), the project was incomplete.
“Tender minutes, correspondence with the contractor on the approval of the extension of the project (delivery window) were not provided for audit” Ms Gathungu states in the audit reports.
Still, Mandera County Assembly signed a contract for the construction of paved parking, water reticulation, landscaping, washrooms, lift installation and other ancillary works at new assembly offices at a cost of Sh170,498,000 to be delivered in 24 months.
But as of June 2024, a total of Sh69,917,300 had been paid by the assembly to the contractor with the delivery and installation of lifts had not commenced. The progress report and interim completion certificates were not provided to auditors.
Ms Gathungu stated that there was no evidence the project management committee and other stakeholders held site meetings to assess the implementation of the project and confirm the metrics during the engineering visit to give valuation certificates for the payments, which is contrary to Public Finance Management Act.
Construction of a modern county chambers, offices and auxiliary amenities was budgeted for by the Nandi County Assembly at Sh469,469,934 with contract signed on December 30, 2016 and project expected to be completed within 106 weeks.
A main contractor and sub-contractor had been paid Sh399,293,995 by June 30, 2024, representing 85 percent of the contract sum, with the architect granting a contractor an extension of seven weeks to April 17, 2024 as per the records.
But in October 2024, the project was 85 percent complete with pending works being – ceiling works, external cladding, heating and air conditioning (HVAC) works at the chambers, electronic private automatic branch exchange (EPABX) installation and structured cabling.
Additional reporting by Rushdie Oudia, Evans Jaola, Titus Ominde, George Odiwuor and Oscar Kaikai
