The Ethics and Anti-Corruption Commission (EACC) has recommended the prosecution of several top Nairobi County officials, including Chief Officer for Works and Mobility Dr. Machel Waikenda, head of procurement Finance Officer Asha Abdi, and the Chairperson of the tender evaluation committee (TEC), in connection with a Ksh 313.8 million street lighting tender marred by irregularities.
The tender, awarded during the fiscal year ending in June 2023, is under investigation due to concerns surrounding its procurement process.
According to the EACC, the investigation uncovered significant breaches in the handling of the contract. Key among these is the issuance of letters of notification for the contract on February 6, 2023, with local purchase orders (LPOs) signed on the same day.
Dr. Machel Waikenda shakes hand with Nairobi Gov Johnson Sakaja
This sequence of events bypassed the mandatory 14-day waiting period between notification and contract execution, a critical safeguard in public procurement processes.
Furthermore, the LPOs were reportedly issued without proper acceptance of the awards, violating public procurement laws. These orders were signed off without the necessary approval from the accounting officer, contravening legal and procedural requirements.
Following these findings, the EACC has forwarded a report to the Office of the Director of Public Prosecutions (ODPP), recommending legal action against the implicated officials, including Dr. Waikenda, Asha Abdi, and the Chairperson of the TEC.
Nairobi county official Dr. Machel Waikenda during a past media presser
Other individuals involved include the chair of the tender opening committee, two TEC members, and directors of the companies that were awarded the contract.
Ms. Abdi, who has previously served as Chief Executive Committee (CEC) Member Finance for Isiolo County and Chief Officer Finance for Mombasa County, is among those facing serious charges.
The EACC has suggested seven charges, including conspiracy to commit a corruption offence, neglect of duty, failure to follow procurement laws, corrupt procurement practices, issuing false documents, forgery, and financial misconduct.
In addition to recommending legal action, the EACC has called for the cancellation of the contract and disciplinary actions against the officials involved.
The commission has also proposed an advisory for the Nairobi City County Government to enhance adherence to procurement procedures in future contracts.
