Senate team shocked at Wajir county's disregard of procurement law

Wajir Governor Ahmed Abdullahi Mohamed. Senators questioned the governor on July 26, 2016 on premature awarding of project completion certificates in contravention of procurement laws. PHOTO | DIANA NGILA | NATION MEDIA GROUP

What you need to know:

  • The works included fencing and renovation of offices, park construction and road gravelling.

  • Project completion certificates were awarded prematurely, some even before tenders were awarded.

Senators on Tuesday quizzed Wajir Governor Ahmed Abdullahi for awarding contractors completion certificates for projects worth Sh52 million before work was completed.

The revelation was made by the auditor-general in the county's audit report for the 2013/14 financial year.

Governor Abdullahi appeared before the Senate County Public Accounts and Investments Committee at Parliament Buildings and was asked to explain why the Public Procurement and Disposal Act was not adhered during the awarding of project completion certificates.

"Tender Committee and Evaluation Committee did not carry out their functions as per the law as contractors were awarded before approval and invoiced before award of contracts. Further non-prequalified tenders were awarded some contracts irregularly. Works completion certificates were issued before opening and awarding of tenders," said the auditor.

The works included fencing and renovation of offices, park construction and road gravelling.

Senate committee members were shocked that the county government could eschew the procurement law despite its clarity on how completion certificates should be awarded.

"In my considered opinion you have a team that is seriously letting you down. It is a team that will get you in real trouble. I thought it was an error made by the auditor. I thought this could not happen. This is like walking on the moon. How on earth can you give a completion certificate before a tender is given? Your team has put you on the hottest seat ever," said Kiambu Senator Kimani Wamatangi

The lawmakers said what happened was a criminal offence that must be seriously pursued to avert future occurrence.

"The tendering sequence is that first you agree on who to give the tender then you award it. Once the project begins you pay in stages. A completion certificate is given when the work is complete and is to the satisfaction of owner. I didn't believe this could happen but the auditor has confirmed it. This is a crime," said Nyandarua Senator Muriuki Karue.

The governor agreed that the law could have been broken by his officers but defended them, saying they had many documents to deal with at the time.

"That could have happened. It is possible to miss dates. On a number of occasions I have been given a previous year's visitors book to sign. The officers were dealing with volumes of transactions they had not dealt with before. With the [large] volumes mistakes could have happened. There could have been lapses because of the volumes," said the governor.

Senate County Public Accounts and Investments Committee vice chairman John Lonyangapuo said they will make an appropriate recommendation in their report on the county’s audit report.

The governor was also taken to task to explain why the county picked the lowest bidder to construct its headquarters at a cost of Sh136 million.

The auditor said the county's tender committee altered the requirements for the project at a later stage of evaluation, putting the winning bidder at a disadvantaged position.

"I am not a member of the tendering committee, but the committee could have decided that the company could have been already working with the county. And, therefore had a better capacity to deliver than the others. The building shows there was value for money. Some senators visited the county and were wondering how we were able to build it with the amount," said the county boss.

Senator Lonyangapuo gave the governor a week to present the tender advert for the construction within a week so as to find out if new requirements were introduced to lock out particular bidders.

"I was among those who visited. It is truly a magnificent building. However, there is a law that must be followed. Give us the advertisement that showed the initial tender requirements for the construction of the building," said Prof Lonyangapuo.  

(Editing by Joel Muinde)