Kenya Power legal officer explains why he missed tender opening

Wednesday December 5 2018

Kenya Power legal officer David Makenzi

Kenya Power legal officer David Makenzi (L) consults investigating officers in the Sh159m tender fraud at the Milimani Law Courts on December 5, 2018. PHOTO | RICHARD MUNGUTI | NATION MEDIA GROUP 

RICHARD MUNGUTI
By RICHARD MUNGUTI
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A Kenya Power legal officer nominated for the opening of tenders by companies applying for jobs did not participate in the exercise, the Anti-Corruption Court heard yesterday.

Mr David Makenzi, who testified before Chief Magistrate Lawrence Mugambi on Wednesday, said he was absent when the exercise was carried out.

MYSTERY

Mr Makenzi explained that when the tenders were opened, he had been seconded to the revenue collection department in Nairobi West.

The officer said the tenders were opened between March and June 2017.

Led in court by Deputy Director of Public Prosecutions Alexander Muteti, Mr Makenzie said he learnt later that two senior managers conducted the exercise.

He said that in May, he received a letter from the audit department seeking an explanation why he did not participate despite the nomination.

The court heard, however, that on April 30 this year, he received a letter asking him to show why he did not participate in the tender opening.

THE CLAIM

Mr Makenzie testified in a case concerning the illegal allocation of tenders in the supply of transport and labour services.

Dr Ken Tarus (Managing Director), Harun Karisa (Acting General Manager, Finance), Daniel Tare (General Manager, Network Management), Daniel Muga (Acting General Manager, Supply Chain), John Njehia, James Muriuki, Benard Muturi, Evelyne Amondi and Noah Omondi have all denied the charges.

It is alleged that between April 12, 2017 and June 12 at Kenya Power offices in Nairobi, senior officials used their offices to improperly confer a benefit of Sh159,195,364 to entities which had been irregularly prequalified, vide tender No KPI/9AA-2/58/PJT/16-17.

The tender committee had three members - Mr Makenzi, Mr Bernard Githui Muturi (secretary) and Ms Everlyne Pauline Amondi (an engineer).

The three were appointed by Dr Tarus and other managers to open tenders submitted by bidders.

Out of the 1,354 applications, only 525 were pre-qualified.

Kenya Power awarded tenders to some companies which did not bid.

Officers from the Directorate of Criminal Investigations searched the company's offices for the audit report on the selection of companies unprocedurally pre-qualified to offer services.