Ethics and Anti-Corruption Commission (EACC) has recommended the prosecution of former Sports Principal Secretary Peter Kaberia and several other individuals, among them foreigners, over irregular awarding and payment of two contracts worth more than half a billion shillings.
The contracts were related to work undertaken in preparation for Kenya’s planned hosting of the 2018 African Nations Championship (Chan).
Due to inadequate preparations, Kenya was stripped of the right to host the tournament, and the tournament given to Morocco. Chan is a football tournament exclusively reserved for players plying their trade in the domestic leagues of their respective countries.
Kaberia served as the Sports PS between March 2017 and January 2020. He served as Sports PS under three Cabinet Secretaries - Hassan Wario, Rashid Echesa and Amina Mohamed.
In his presentation on Saturday before the National Assembly’s Committee on Implementation of House Resolutions, EACC Deputy Director of Asset Tracing George Ojowi said that in addition to recommending the prosecution of the public officers and private individuals involved in the irregularities, the authority has initiated asset recovery to reclaim the money lost through the irregular payments.
Ojowi said EACC is ready to effect arrest upon receiving a directive from the Office of the Director of Public Prosecutions (ODPP).
“It is the DPP to tell us if the evidence we have is enough for us to proceed to court,” Ojowi, who stood in for Abdi Mohamud, the Chief Executive Officer EACC.
“That is why we have not arrested these individuals but if the DPP will be able to agree with us, even before the end of today we will have arrested all of them,” he continued.
Ajowi identified Kaberia as the PS in question upon inquiry by Mumias West MP Johnson Naicca who is a member of the committee.
Cabinet Secretary for Sports Salim Mvurya failed to appear before the Raphael Wanjala-led Implementation Committee since he is outside the country on official duty.
He was represented by Gabriel Komora, the acting Director General Sports Kenya. Auditel Kenya and M/s. Gregory International, which are registered in Spain and Italy respectively are the two companies implicated in the saga.
In the first contract, where the ODPP has directed the EACC to collect more evidence from Spain, the Ministry of Sports awarded Auditel Kenya a contract worth $15.8 million (Sh1.5 billion as per the exchange rates in 2017) to undertake among other tasks, the installation of access control, communication, audio-visuals and pitch lighting systems at five stadiums that were earmarked for the 2018 Chan.
The stadiums are Kipchoge Keino (Eldoret), Ruring’u (Nyeri), Kinoru (Meru), Moi International Sports Centre (MISC) and Nyayo National Stadium.
EACC, in its report, stated that Auditel Kenya was in January 2018 irregularly paid Sh330, 572,998 million as advance payment for the works but inspection visits at the stadiums by the investigators revealed that the company did not install any system in any of the venues as required by the contract.
Some of the other irregularities that EACC investigation revealed include that Kaberia applied direct procurement method contrary to the Public Procurement and Asset Disposal Act, the procurement was not initiated through an approved purchase requisition as required by law and the Ministry of Sports failed to develop detailed specifications, designs, and drawings for the tender - instead allowing Auditel Kenya to prepare them.
Additionally, the State Department for Public Works was not provided with the tender documents, specifications, or contract annexures necessary for project management, and Auditel Kenya was not registered as a contractor with the National Construction Authority, as required by law.
“We are doing a recovery suit in regards to the Sh 330 million that was paid and the Principal Secretary is one of those we will be pursuing in the country so that that money will be returned back to the country because no work was done,” Ojowi said, adding that the money was transferred to Spain as soon as it was paid out.
He said the EACC has done a Mutual Legal Assistance (MLA) to Spain “and as soon as we get that, we will be able to return the file to DPP to proceed with the recommendations.”
In the file EACC forwarded to the ODPP, it recommended that seven individuals and one company (Auditel) be charged.
In the second contract, EACC’s investigation established that Kaberia irregularly awarded a tender worth €8,117,869 (Sh995 million) directly to M/s. Gregori International for infrastructural development and upgrade of sports equipment in five stadiums and 10 training centers for the 2018 Chan.
After being paid Sh220, 402,074 for works that were not done, Ojowi explained that M/s. Gregori International filed a suit in court demanding to be paid the remaining amount of the contract’s total value – a claim that was supported by some officials at Sports Kenya.
Noting that the Ministry of Sports failed to inform the court that the company had not undertaken any work despite receiving payment, Ojowi said the EACC has advised Sports Kenya not to pay the amount awarded by the court and instead file an appeal.
“Investigations were completed and on February 17, 2025, the file was forwarded to the Office of the Director of Public Prosecution with recommendations to charge the former Principal Secretary and four other individuals, (two are foreigners) and one company,” the EACC said in the report signed by Mohamud.
Some of the other major flaws in the deal revealed by EACC are that the accounting officer applied direct procurement method against the advice of the defunct Public Procurement Oversight Authority (now Public Procurement Authority) and the same was not reported to the authority with 14 days as required by the law, M/s. Gregori International was not registered in Kenya at the time of signing the contract and the former PS adopted the company’s offer to form the procurement contract of € 8,117,869 without carrying negotiations contrary to the Public Procurement and asset Disposal Act.
The rest include failure by the former PS to appoint an Inspection and Acceptance Committee/CIT or to inspect the works before payment contrary to the Public Procurement and Asset Disposal Act instead the works being inspected by one individual, the Ministry of Sports failing to develop Bills of Quantities and Specifications and no records and documents for site handing over, progress reports, payments certificates, site minutes, completion certificates were available to confirm works that were done.
The former PS accepted an advance payment Guarantee issued by Societe Generale SA, a foreign bank without validation of the Central Bank of Kenya or a local bank contrary to the law.
The MPS adjourned the meeting, stating that CS Mvurya and PS Elijah Mwangi must attend the next sitting in person.
