Sh10 billion security tender wars threaten police modernisation

What you need to know:

  • Sources familiar with the process said the Interior ministry cancelled tenders that had been advertised before and opted for single sourcing – ignoring the recommendations of the police technical committee – in a move that threatens to cause a fallout between senior officials in the Jubilee Government.
  • A repeated complaint by those familiar with the purchase process has been that recommendations of the technical committee of the police, which advises the Interior ministry whose mandate it is to make the purchases, have been routinely ignored.
  • The squabbles come at a time the government is moving to modernise the police force partly in response to demands by officers for better facilitation as they confront multiple security challenges.

Senior members of the police service and the Interior ministry are sharply divided over the purchase of multi-billion-shilling equipment at the heart of the Jubilee Government’s promise to modernise the security sector.

The dispute, which has also sucked in cartels, involves the new helicopters, armoured personnel carriers, new firearms and bullet proof vests among other items in one of the most lucrative purchases for the police since independence.

Terror attacks in the country have driven up the security budget with the Treasury Cabinet Secretary Henry Rotich allocating the Interior ministry, under which the police service falls, Sh102.5 billion in the 2015/2016 budget, up from Sh92.9 billion in 2014/2015.

Between Sh10 billion and Sh15 billion was set aside for modernising the police and the military respectively.

But the battle to control tenders for the purchases has caused divisions within the security establishment amid claims of rent-seeking.

Sources familiar with the process said the Interior ministry cancelled tenders that had been advertised before and opted for single sourcing – ignoring the recommendations of the police technical committee – in a move that threatens to cause a fallout between senior officials in the Jubilee Government.

The Sunday Nation has learnt that the National Assembly’s Public Accounts Committee (PAC) is already investigating how the billions of shillings allocated for the modernisation are being spent.

SPECIAL AUDIT

PAC chairman Nicholas Gumbo said they had instituted a special audit to ensure the public gets value for its money.

“The government often hides under the blanket of confidential expenditure in these security deals. There is nothing like confidential money. This is public money and it must be spent lawfully. We are on this matter,” he said.

Conversations with top-level officials – who cannot be quoted due to the sensitivity of the matter – paint a picture of an intensive battle for control of the tenders and the culprits of what may be a rip-off in the making lie on either side, depending on who you listen to.

Those who support single sourcing, mainly officials at the ministry, say they opted to go directly to manufacturers to do away with brokers who were used to “making a killing from security contracts at the expense of the taxpayer”.

But critics say the single sourcing purchases are a cover for the procurement of models that are even more expensive, creating multi-million-dollar sweeteners and kickbacks in the name of a clean-up.

“The brokers who were used to business-as-usual are miffed because they can no longer have their way. There are senior people in this government who have been kept out of the deals because of their penchant for kickbacks. But there are instructions from above that we must go directly to manufacturers,” said an official.

NOT AWARE

Another official said: “I do not think that the Jubilee leadership is remotely aware of the rip-off that is about to take place. Those executing the plan claim they have gone to manufacturers to get rid of brokers. How come, then, that the prices have shot up instead of coming down?”

PAC has already summoned Interior Cabinet Secretary Joseph Nkaissery and Permanent Secretary Monica Juma over the purchase of a second-hand police helicopter for Sh900 million after the initial tender was cancelled.

In his budget speech, Mr Rotich said the country needed to invest more to protect citizens.

The aircraft alone are expected to cost the government an estimated Sh2.7 billion.

Sources told the Sunday Nation that on the issue of the armoured personnel carriers, the police identified two models —  Spartan and Cobra — manufactured in Dubai.

The source said that a team led by a senior police officer visited the manufacturers for inspection of the models in Dubai last year on the instructions of former Inspector-General of Police David Kimaiyo.

A recommendation was made to the ministry with hopes that procurement would begin but police were shocked when a different Chinese-built model was shipped into the country.

RECOMMENDATIONS IGNORED

A repeated complaint by those familiar with the purchase process has been that recommendations of the technical committee of the police, which advises the Interior ministry whose mandate it is to make the purchases, have been routinely ignored.

The ministry opted to import the Chinese-made APC with one prototype being shipped in for testing before the entire fleet arrives.

The plan is to acquire at least 100 APCs for the regular police and the administration police in response to complaints by officers that they are often vulnerable to attacks by well-armed bandits and cattle rustlers.

The imported APC was taken to Baragoi in Samburu, but reportedly broke down after several weeks. It was mounted on a lorry and ferried back to Nairobi, where it remains grounded.

The source told the Sunday Nation an order for the first batch of APCs has since been placed.

On the issue of helicopters, the ministry preferred the AgustaWestland AW139 model while the police wanted American-made Bell choppers.

In the aftermath of the Garissa University College terrorist attack in April, Inspector-General of Police Joseph Boinnet invited bids for the purchase of four utility helicopters and a troop carrier.

But it was later cancelled and the ministry went ahead to purchase through single sourcing.

This was the second time the IG was cancelling the helicopter tenders and, according to sources, it was partly influenced by cartels fighting for the lucrative tenders. The AgustaWestland AW139 helicopter cost Sh900 million and several more are expected to be delivered soon.

Police had argued against this model, saying there were no available service centres in Kenya.

The twin-engine helicopter has a capacity of 15 people, and since there are no pilots for the Italian-made aircraft, two pilots will be taken to Milan for training on how to handle them. The supplier would also send two pilots who would be attached to the airwing for two months. The police had asked for a troop carrier that can carry at least 18 passengers.

RAISED CONCERN

The purchase of rifles and bullet proof vests has also raised concern within the police hierarchy.

The source said the ministry opted for more expensive Turkish-made G3 rifles than a cheaper version made in Pakistan.

The German G3 rifle model has proved popular with the police service for its durability and accuracy. However, it is produced under licence in Turkey, Iran, Pakistan and several other countries.

Contacted, Interior Principal Secretary Monica Juma said all contracts were awarded according to the law.

In a statement sent to the Sunday Nation by ministry spokesman Mwenda Njoka, Dr Juma said: “All procurements by the Ministry are carried out strictly in accordance with the provisions of the Public Procurement and Disposal Act.

The Public Procurement and Disposal Act (2005) Part VI Clauses 72, 73, 74 and 75 provide guidelines how procurements of the nature you mentioned in your inquiry shall be carried out. The said procurements were carried out in strict accordance to the provisions of law stated above.”

The ministry also denied that complaints had arisen out of the procurements.

“The Ministry has not received any complaints from any quarters in regard to the said procurement and as such claims that there is a tussle and/or murmurs of disapproval about the procurement are completely unfounded and not based on facts.” This statement is contradicted by the ongoing parliamentary inquiry.

MODERNISE POLICE

The ministry official said any disputes arising from procurement should be handled by the Public Procurement Oversight Authority.

“That the Public Procurement and Disposal Act provides a legal avenue through PPOA, which any aggrieved party and/or parties can utilise to seek redress. To the best of our knowledge, no one filed an appeal with PPOA in regard to the said procurement.”

The squabbles come at a time the government is moving to modernise the police force partly in response to demands by officers for better facilitation as they confront multiple security challenges.

The APCs are supposed to be deployed in the old North Eastern province counties, Lamu, Turkana and Baringo among other areas.

Once the modernisation takes shape, the police will also own and operate drones for reconnaissance. The maritime police unit will also get patrol boats equipped with hi-tech navigation equipment.

Police have identified the kind of boats they need but there are fears the ministry might ignore them. The source dismissed as “fishing boats” the vessels maritime police currently use to patrol the Indian Ocean.

Before the ministry stepped in, police had anticipated it would have enough aircraft by next month.

At present, the aircraft at the police air-wing are in a deplorable state and cannot be relied on.

Six of its aircraft are “Beyond Economical Repair,” meaning they are essentially written off. They include three Cessna 310 each with a capacity of six passengers, a Cessna 402 which ferries 11 people, a Bell 47 helicopter with a capacity of three and a BO-105 air ambulance.

There are also two Cessna 208 and a Bell chopper which are out for routine maintenance.

- Additional reporting by Justus Wanga