The Ethics and Anti-Corruption Commission (EACC) has moved to court seeking to recover Sh63.7 million paid by Kiambu County Government in a controversial tender deal riddled with forged documents, fraudulent misrepresentation, and alleged collusion between officials and private contractors.
In court filings seen by Daily Nation , the anti-graft body accuses Filtronic International Limited and its directors —Bernard Theuri, Chen Ligou, and Martha Wachinga— of using forged audits, fictitious staff, and falsified bank records to win a Sh230 million contract for an Enterprise Resource Planning (ERP) system.
The commission tells the court that the company and its directors falsified the company's financial records, doctored bank statements, and presented fake employee credentials to secure the lucrative tender from the Governor Kimani Wamatangi-led administration.
Kiambu County Governor Kimani Wamatangi.
Photo credit: Bonface Bogita | Nation Media Group
The saga began in March 2023, when Kiambu County advertised a tender for the development, installation, and commissioning of an Enterprise Resource Planning (ERP) system. This is a digital platform meant to streamline county operations.
Despite being a high-value procurement, only one bidder—Filtronic International—submitted documents by the April 6, 2023, deadline.
Within 18 days, the tender was evaluated, approved, and awarded to Filtronic, with a contract signed on April 24, 2023.
Ethics and Anti-Corruption Commission CEO Abdi Ahmed Mohamud.
Photo credit: Lucy Wanjiru | Nation Media Group
According to EACC, both the company and the county government had agreed the contract period was for six months, starting not later than 14 days from the date of execution.
However, EACC’s investigation uncovered glaring irregularities on the part of the company, including forged documents and fictitious employees.
The company claimed its financial records for 2020, 2021, and 2022 were audited by MSM Chris & Associates, but investigators found no such audit ever took place.
One of the mandatory technical requirements set out in the tender document was the provision of audited financial statements for the last three years (2022, 2021 & 2020) demonstrating three years’ average turnover of Sh400 million and above.
The tenderer was also required to demonstrate profitability of at least Sh100 million per year, positive cash flow and an asset base of not less than Sh500 million.
EACC claims Filtronic altered its documents to meet this requirement, including allegedly inflating its financial health.
The commission alleges Filtronic submitted doctored bank statements for a US dollar account from NCBA Bank to portray a healthy cash flow.
"The bank statements provided in the fourth defendant’s (Filtronic) bid document for USD bank account number.... held at NCBA Bank, were fraudulently and illegally edited to depict a purportedly healthy cash flow and profitability," says EACC in the court papers.
In regard to ghost employees, the company is alleged to have listed names of two employees, attracting their CVs, but EACC investigators confirmed neither person worked for Filtronic.
"Contrary to the representations made by the first, second and third defendants’ (directors of Filtronic) in the fourth defendant’s bid document, the two employees (names withheld) were not employees of Filtronic. Therefore, the curriculum vitae attached to Filtronic International’s bid document and purported to belong to its staff were not genuine. Their inclusion was a fraudulent misrepresentation," says EACC.
The alleged discrepancies were not detected by the county's tender evaluation committee or other relevant officers.
The EACC also implicates two Kiambu County officials -Phyllis Muiruri (Acting Head of Supply Chain Management) and Zachary Gitau (Chief Officer for Revenue & Supply Chain).
Ms Muiruri allegedly recommended Filtronic’s award of the contested tender without due diligence, while Mr Gitau is alleged to have illegally extended the lapsed contract despite zero project progress.
Notably, the six-month contract expired in November 2023 and during the period, the company was paid Sh23 million in two tranches in July and September 2023.
Mr Gitau signed the extension on February 24, 2024, on behalf of the county government, and the company continued receiving payments for the contract.
The court papers reveal that so far, Kiambu County has paid Filtronic Sh63.7 million in six instalments, the latest being Sh10.6 million in June 2025.
EACC wants the money back to the public coffers, arguing the entire procurement was fraudulent, rendering payments illegal.
It says the taxpayers got no value of the project because the ERP system was allegedly never delivered and that the county government officials breached public trust by facilitating the alleged irregular payments.
Pending determination of the recovery suit, the High Court has temporarily frozen payment of the Sh166 million balance.
The commission is seeking a full refund of Sh63.7 million from Filtronic and its directors, damages from the two county officials (Ms Muiruri and Mr Gitau) for breach of fiduciary duty and an order for cancellation of the tender award and contract extension.
"In line with the common law principle that no one should be allowed to benefit from her own illegal and wrongful acts, all the monies received by Filtronic International should be forfeited to the State as proceeds of corruption or corruption-related activities," pleads the EACC advocate.
This case highlights Kenya’s struggle with procurement fraud, where forged documents, single-bidder tenders, and insider collusion drain public coffers.
EACC CEO Abdi Ahmed Mohamud recently warned that recovering stolen funds remains a priority, with dozens of similar cases pending in court.
The application is scheduled for hearing on November 13, 2025.
