Mutua, Ngilu, Kibwana want Uhuru to save Tana dam project

Governors from Ukambani region have urged President Uhuru Kenyatta to intervene and save the Sh200 billion High Grand Falls Dam project from possible collapse.

They told the President that they are unhappy with how the National Irrigation Board has handled the tendering process in the past two years and want action taken against those responsible for the mess.

Governors Alfred Mutua (Machakos), Charity Ngilu (Kitui) and Kivutha Kibwana (Makueni) want President Kenyatta to intervene and resolve the dam tendering controversy that has dragged on at the Public Procurement Administrative Review Board (PPARB) since 2017.

The county chiefs say the multipurpose dam in Kitui and Tharaka-Nithi counties is way behind schedule, and that their people continue to suffer food and water shortages, which the project was meant to address.

“We want to know what’s happening with the High Grand Falls Dam project. We understand there are so many vested interests trying to manipulate the tender process and this stinks of corruption,” said Dr Mutua.

CORRUPTION

He said the fact that the tendering has taken more than two years of back and forth between the bidders and the National Irrigation Board while the intended beneficiaries are suffering calls for urgent intervention.

“You’ve done a lot for the country, but we’re saddened by reports of corruption, especially, at that dam project. Mr President, you need to crack the whip very urgently,” Dr Mutua said during the launch of the National Integrated Identity System at Masii Boys Secondary School in Machakos County.

Governor Ngilu, who mooted the project when she served as Water minister under President Mwai Kibaki, said they are saddened by the failure at NIB, the procuring entity, to abide by the rulings of PPARB, causing a stalemate.

The Sunday Nation learnt that the three governors have sought audience with President Kenyatta and the High Grand Falls Dam project is part of the agenda.

TENDER WOES

The leaders waded into the dam controversy this week as the 14 days given by the procurement review board to NIB to conclude the tendering process by evaluating and awarding it to the British consortium than won the contract expired.

For a record fifth time, the PPARB last month heard and determined the tendering dispute in favour of London-based GBM Engineering and ordered the NIB to conclude the procurement process before April 4.

In a ruling delivered on March 21, the procurement review board chaired by lawyer Faith Waigwa set aside an earlier decision by NIB purporting to reject the British firm’s bid and declared it null and void.

The NIB lost the appeal to cancel the tender and was ordered to re-evaluate specific clauses of both the technical and financial proposals - which formed the basis of the suit, as the tender validity was extended by 45 days.

“That the procuring entity is directed to re-evaluate the technical proposal on the Clause 2.7.1 (4) of the Request for Proposal document and the financial proposal within 14 days, having regard to the Tribunal findings,” read the PPARB ruling.

SABOTAGE

In it, PPARB expressed regrets that NIB seemed hell-bent on determining the tendering process in a particular way and award the contract to a firm of their choice instead of giving all bidders an equal and fair chance.

The ruling, which also slapped Sh300,000 as lawsuit costs on NIB, appeared to rebuke the state irrigation agency over claims of alleged mishandling of the tendering process by the British firm.

“The procuring entity is ordered to pay Sh300,000 to the applicant as costs of the suit,” Ms Kagwa said in her ruling.

The latest ruling is significant because it closes the long-standing NIB argument that accused GBM Engineering of not showing proof of ownership in their tender documents.

The Sh300,000 awarded to the British consortium brings to Sh550,000 the money NIB has to pay the bidder, some as fines for disobeying the PPARB orders.

PENALTY

Already, NIB was fined Sh250,000 by the procurement tribunal last month for disobeying numerous rulings and orders regarding the dispute that has dragged on for years.

The fine arose after NIB disobeyed another ruling issued on November 13, 2018, directing that it reinstate GBM Engineering’s Request for Proposal, which it had quashed, into the appraisal process after it was found to have flouted several procurement laws.

“The procuring entity shall pay to the applicant the cost of this application an amount of Sh250,000, and shall provide proof of payment to the Board within 21 days,” read the ruling delivered on February 5.

In a letter dated February 14 and addressed to Michael Short, the chief executive of GBM Engineering, NIB General Manager Gitonga Mugambi dismissed the whole tender, saying the British firm’s bid had failed in the fresh technical evaluation.

“Your tender failed in the technical evaluation stage because you didn’t provide proof of ownership or capacity to hire — in form of logbooks and signed lease agreements,” read the letter.