Procurement body speaks out on airport tender

Photo|FILE

When the matter came up in Parliament on Thursday, Transport minister Amos Kimunya was at pains explaining to agitated MPs why he acted against the advice of the AG, the Cabinet and the Ethics and Anti-Corruption Commission on the tender to expand the airport.

What you need to know:

  • At a press conference to which Sunday Nation was not invited despite having broken the story, the authority attempted to justify Mr Kimunya’s decision to cancel the tender, claiming that it had been awarded behind its back.
  • When the matter came up in Parliament on Thursday, the minister was at pains explaining to agitated MPs why he acted against the advice of the AG, the Cabinet and the Ethics and Anti-Corruption Commission on the tender to expand the airport.
  • The latest development comes only two days after National Assembly Speaker Kenneth Marende directed three parliamentary committees – Budget, Transport and Trade and Finance – to investigate the cancellation of the tender by Mr Kimunya

The Public Procurement Oversight Authority wants the Kenya Airports Authority to proceed with the Sh56 billion tender to expand the Jomo Kenyatta International Airport.

In a confidential investigation report, the agency advised authority to follow the advice given by Attorney-General Githu Muigai who had warned that terminating the contract would contravene the law.

Prof Muigai had warned that the State corporation would be violating the law and also acting in bad faith if it cancelled the tender.

“By seeking to terminate the procurement process, the Authority will be acting in bad faith; thereby undermining the integrity and fairness of the procurement process,” read Prof Muigai’s letter.

The authority’s board, chaired by former Runyenjes MP Martin Nyaga Wambora, has come under scathing criticism from some quarters for colluding with Transport Minister Amos Kimunya to cancel the tender unprocedurally.

At a press conference to which Sunday Nation was not invited despite having broken the story, the authority attempted to justify Mr Kimunya’s decision to cancel the tender, claiming that it had been awarded behind its back.

“The notification to the firms was done without knowledge and approval of the board given the size of the envisaged contractual arrangement,” the board said.

However, a board member who spoke to the Sunday Nation in confidence maintained that the board had no role to play in the procurement process as set out in the Public Procurement and Disposal Act.

The latest development comes only two days after National Assembly Speaker Kenneth Marende directed three parliamentary committees – Budget, Transport and Trade and Finance – to investigate the cancellation of the tender by Mr Kimunya. (READ: MPs to probe Sh56 billion airport tender)

When the matter came up in Parliament on Thursday, the minister was at pains explaining to agitated MPs why he acted against the advice of the AG, the Cabinet and the Ethics and Anti-Corruption Commission on the tender to expand the airport.