Top exams boss asked for AG’s advice over deal

What you need to know:

  • Prof Muigai, who confirmed the communication, spoke as former Knec boss Paul Wasanga, polls chairman Issack Hassan, former IIEC commissioner Ken Nyaundi and Mr Trevy Oyombra fought the allegations.
  • Mr Oyombra, whom UK prosecutors have cast as the key player in the scandal, demanded of “all concerned parties to immediately cease and desist from any unwarranted speculation or libellous writings about him.”
  • Mr Nyaundi also denied knowledge of Mr Oyombra, insisting, he paid for his travel and accommodation costs while on a tour of the UK with the IIEC in July 2010.

The exams council sought the Attorney-General’s advice on whether to terminate a contract awarded to the British firm at the centre of the “chicken” scandal.

In the AG’s reply dated May 12, 2014, Prof Githu Muigai advised the Kenya National Examinations Council (Knec) to be guided by the criteria set out in the tender documents for the Smith & Ouzman contracts.

The firm is accused of bribing top exams bosses and the Interim Independent Electoral Commission (IIEC).

“In the present case, Smith & Ouzman Ltd and its officials are being investigated by UK’s Serious Fraud Office for allegedly making corrupt payments to public officials in Africa, including Kenya, in order to influence award of contracts to the company and the matter is pending determination,” the AG wrote.

“In the above circumstances, Knec is obligated under the Act to rely on the criteria set out in the tender documents. It may take into consideration the investigations in the award of the tender if the documents provide for disclosure of any legal encumbrance that may affect performance of the contract,” he added.

Prof Muigai, who confirmed the communication, spoke as former Knec boss Paul Wasanga, polls chairman Issack Hassan, former IIEC commissioner Ken Nyaundi and Mr Trevy Oyombra fought the allegations.

KEY PLAYER

Mr Oyombra, whom UK prosecutors have cast as the key player in the scandal, demanded of “all concerned parties to immediately cease and desist from any unwarranted speculation or libellous writings about him.”

Through Muma & Kanjama Advocates, he threatened to take legal steps “to protect his reputation” in a letter dated November 20.

At the same time, Mr wasanga denied taking being bribed or improperly influencing the tender award.

Clearing and handling

“My integrity has been above reproach in all matters relating to the management of exams,” he said.

The former exams boss said he had never had any dealings with Mr Oyombra. All he knew was that S&O had appointed the man to help them in clearing and handling issues relating to the printing of certificates.

“The 2009/2010 tender was awarded to S&O Ltd and a letter of offer given in early 2010,” he said.

By July 2010, printing of certificates had started and “I travelled to verify quality and accuracy,” Mr Wasanga said.

DENIED ALLEGATIONS

He said he visited another firm that was printing KCPE and KCSE certificates but denied the visit was “to discuss any tender as the process was handled by a committee.”

Mr Nyaundi also denied knowledge of Mr Oyombra, insisting, he paid for his travel and accommodation costs while on a tour of the UK with the IIEC in July 2010.

He also refuted reports that former IEBC Chief Executive Officer James Oswago and his former deputy Gladys Shollei were part of the UK trip.

“It was and still is the standard practice that before ballot papers are printed, commission officials must visit the printers and verify that the materials being printed are in order, it was an innocent ordinary verification trip and I must clarify that Oswago and Shollei were not on the trip because they had not been employed by then,” he stated in an interview from South Africa.

“...[T]he only thing I remember is that Smith & Ouzman sent a car to the airport to pick us and take us to the factory,” he said, adding, “I’ve never met nor communicated with that Oyombra fellow, he is a stranger to me.”

Mr Oyombra will not be giving any interviews — a task his lawyers are exclusively charged with, according to their letter to “all Media Houses”.