The High Court in Nairobi nullified a Sh25.3 million tender awarded by the Trans Nzoia County Government for the renovation of Kenyatta Municipal Stadium and the construction of sheds.
Justice Nixon Sifuna held that the award of the contract to Koyi Building Contractors, owned by Robert Simiyu Wambulwa, and the subsequent disbursement of public funds violated the law and resulted in the loss of more than Sh25 million in public money.
The Ethics and Anti-Corruption Commission (EACC) had sued the county’s head of chain supply manager, architect and the contractor.
“There was no lawful budget to support the procurement,” said Justice Sifuna.
“The procurement process was marred by fraud, irregularities, and deliberate falsification of documents. The court finds that the tender process was illegal, the payments unjustified, and the public lost a significant amount of money as a result.”
The defendants in the case were former Head of Supply Chain Management Joseph Muindi Tevulo who allegedly signed the contracts, also named was Benjamin Ruto Timitim, the county architect who supervised the works.
The suit against him was terminated following his death.
The third defendant was the contractor Robert Simiyu Wambulwa trading as Koyi Building Contractors, who received the disputed payments.
EACC had filed the suit seeking recovery of public funds irregularly paid out to Koyi Building Contractors in 2014 for the two projects.
According to court documents, the county paid Koyo Building Contractors Sh16.7 million for the renovation of the stadium and another Sh15 million for the construction of sheds at the Kenyatta Municipal Stadium.
However, the approved county budget for the 2013/2014 financial year had only allocated Sh12.3 million for stadium renovations and Sh10 million for the construction of sheds.
“Despite the glaring mismatch between the allocated budget and the contract amounts, the procurement proceeded and the payments were authorized,” stated Justice Sifuna.
“This was not an oversight,it was a deliberate scheme to defraud the public.”
The court found that Joseph Muindi Tevulo, as the secretary to the tender committee and custodian of procurement documents, played a central role in executing the fraudulent tender.
He was accused of manipulating procurement records, ignoring due diligence processes, and facilitating the illegal award of the tender.
“The 1st defendant was the principal facilitator of the fraud. He orchestrated and oversaw the irregular procurement. He cannot now seek to hide behind retirement or non-responsiveness to evade accountability,” the judge said.
The court also castigated Benjamin Ruto Timitim, the former County Architect, for issuing completion certificates for works that had either not been completed or had never commenced.
Though now deceased, the court found that he had contributed to the fraud by creating the illusion of project completion, which justified payment to the contractor.
“The 2nd defendant issued misleading and fraudulent completion certificates that were critical in facilitating the disbursement of funds,” stated the court.
Robert Simiyu Wambulwa, the contractor, was also found culpable for knowingly receiving and retaining money for work that was either shoddily done or never done at all.
“The 3rd defendant received over Sh25 million for work that was not supported by any lawful procurement or budgetary allocation. He benefited from an irregular and illegal process,” Justice Sifuna stated.
In criticizing the defendants’ failure to participate in the proceedings, Justice Sifuna said their actions demonstrated lack of accountability.
“The defendants failed to appear, file witness statements, or respond meaningfully to the suit. This court will not allow public officials and private contractors to abscond responsibility after plundering public resources,” he said.
The court ordered Tevulo and Wambulwa to jointly and severally refund Sh25,334,525.50 to the government, with interest at commercial rates from the date the suit was filed until full payment is made.
“Accountability does not end with retirement or silence,” said justice Sifuna.
“Public officers and contractors who steal from the public must be held to account.”
Justice Sifuna ruled that the contracts between the county government and the contractor were null and void ab initio, meaning they were invalid from the outset.
The court further directed the Attorney general to consider appropriate actions against Muindi, including barring him from participating in public tender processes.
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