The Communication Authority (CA) and Solicitor-General Shadrack Mose have defended businesswoman Mary Wambui over allegations of conflict of interest in a Sh5 billion government contract awarded to a company associated with her.
In documents filed in court in response to a petition for the removal of Ms Wambui from the position of CA chairperson, both Mr Mose and CA Managing Director David Mugonyi say the allegations are unfounded. They add that no information has been provided to the effect that Ms Wambui influenced the award of the contract to Nightigale Enterprises Ltd.
The petition filed by the Consumers Federation of Kenya (Cofek) alleges that the award of the contract to Nightigale was irregular because the tender documents provided that “public employees and their close relatives (spouses, children, brothers, sisters and uncles and aunts) are not eligible to participate”.
According to the lobby, Nightigale Enterprises is linked to Ms Wambui’s daughter and that it changed its name to Nightigale (EA) Limited and shareholding before executing the contract.
Solicitor-General Shadrack Mose.
Photo credit: File | Nation Media Group
However, to exonerate Ms Mungai from the alleged personal interest, Mr Mugonyi provided timelines related to the procurement process and the resignation of Ms Mungai and her daughter from the company.
The contract for the Digital Superhighway-Lastmile and Public WiFi Connectivity was awarded to Nightigale Enterprises in April 2023 by the Information & Communication Technology Authority (ICTA), which was the procuring entity. Nightigale was informed by the authority’s CEO that it was the winning bidder on April 24, 2023.
Mr Mugonyi says that at the time the company won the tender, Ms Mungai had no links to it since she had resigned as its director and shareholder on December 5, 2022 after being appointed by President William Ruto as the chairperson of the CA. She transferred her shares and directorship of the company to her daughter, Everlyne Nyambura, who resigned in June 2023, two months after the firm won the contract.
Communications Authority of Kenya Managing Director David Mugonyi.
Photo credit: Dennis Onsongo | Nation Media Group
According to Solicitor-General Mose, after Ms Wambu resigned, there was no expectation that she would have prior knowledge that Nightigale was participating in the tender.
Ms Nyambura resigned on June 19, 2023, while the contract was signed one week later on June 26, 2023.
Mr Mugonyi, in a replying affidavit, denied claims that Ms Mungai could have influenced award of the tender.
“Neither Ms Wambui nor the CA were engaged at any juncture during the procurement process; nor participated in any decision making with regard to the procurement or award of the tender, as to warrant a conflict of interest,” he says.
According to the court papers, the three-year contract was funded by the CA through the Universal Service Fund. The CA board of directors chaired by Ms Wambui approved the budget on April 29, 2023. During the meeting, the board also approved transfer of the procurement process to ICTA.
Businesswoman Mary Wambui.
Photo credit: Dennis Onsongo | Nation Media Group
“However, noting that the procurement was being undertaken by the ICT Authority, and based on the review of the documentation availed to this office, there would be no expectation of Ms Wambui, as the Chairperson of the CA Board, to have had any prior knowledge of the participation of Nightigale in the tender as well as the intended award of tender to Nightigale Enterprises Limited, so as to inform her declaration of conflict of interest, if any,” says Mr Mose in the court filings.
Mr Mugonyi states that the CA, on September 10, 2024, requested guidance and an advisory opinion from the Office of the Attorney-General with respect to a conflict of interest before paying Nightigale for the contract.
Mr Mose, in a 14-page response dated October 1, 2024, stated that there was no personal interest on the part of Ms Wambui.
