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Kitale stadium upgrade: Court directs contractor, ex-county officials to refund Sh25m
Part of the terraces at Kenyatta Stadium in Kitale town on February 22, 2023.
A contractor and former officials at the Trans Nzoia County Government have been ordered to refund Sh25 million paid for the renovation of Kenyatta Municipal Stadium in Kitale.
High Court judge Nixon Sifuna said the renovation contract was tainted with irregularities and fraud.
Other than recovery of the money, Justice Sifuna directed Attorney-General Dorcas Oduor to consider appropriate sanctions against Mr Joseph Muindi Tevulo, former head of supply chain management at the county, who allegedly signed the contracts.
The judge said the sanctions may include barring him from holding any procurement portfolio in the public sector.
“The contracts entered between 3rd defendant (Mr Robert Simiyu) who was trading as Koyi Building Contractors and Trans Nzoia County government for renovation and building spectator sheds was tainted with irregularities, illegalities and fraud,” said the judge.
He directed that the entire amount paid be recovered from the contractor and the county officials, plus interest of the case.
The Ethics and Anti-Corruption Commission (EACC) filed the case seeking the recovery of Sh25.3 million, arguing that the contract was fraudulently awarded.
According to EACC, the contracts were executed on the basis of county tender committee minutes that were forged or falsified by Mr Muindi.
The commission added that the contract documents were not executed by the accounting officer of the county government despite being “witnessed” by Mr Muindi.
The anti-graft body added that investigations established that in order to give a semblance of competition or to secure the tender, the contractor submitted multiple bids in the names of Koyi Building Contractors and Siberrais Building Contractors Limited.
Further, the tender was not advertised, opened or competently evaluated by officers from the county government.
The county government then approved expenditure of Sh10 million for construction of sheds in its supplementary budget for the year 2013/2014 yet Mr Simiyu was awarded the tender for Sh15.8 million.
The commission said this amounted to engaging in a project without prior planning contrary to section 45(2)(c) of Anti-corruption and Economics Crimes Act (ACECA).
