A former Murang’a County Procurement Officer told the Anti-Corruption Court that Murang’a County Government entered into a Sh562 million media and publicity services contract with Top Image Media Consultancy Limited, a company allegedly linked to governor Mwangi wa Iria’s wife.
James Kamau Kairu who served as the head of procurement during the 2014-2015 financial year, testified that the contract agreement was made on October 21, 2014, and signed on October 23, 2014, between Murang’a County Government and Top Image Media Consultancy Limited.
The court heard that the contract was signed on behalf of the county by then County Secretary Patrick Mukuria, while for the company, it was signed by Jane Mbuthia, the Managing Director.
The contract was for the provision of publicity and advertising services through print, electronics, radio, and billboards.
“The agreement was for the provision of media buying services in the sum of as per attached rate card prices as and when the need arises. It was to run for two years 2014-2016,” the court was told.
“The one who signed the contract is the county secretary Patrick Mukuria and for top image media consultancy Limited is signed by Jane Mbuthia as managing director.”
Kairu who is now the director in charge of supply chain management at National Youth Service (NYS) took the court through the county government’s procurement process for advertising and publicity during the 2014-2015 financial year.
According to him, funds were allocated under the Department of Education and ICT for advertising and publicity, while additional resources were set aside for agro-marketing branding.
He told Senior Magistrate Harrison Barasa that the procurement process followed official regulations, ensuring compliance in acquiring goods, works, and services.
To secure media services, Kairu told the court, the county government placed a public tender notice in the Daily Nation on May 19, 2014.
The tender, referenced CG/038/2014-2015, invited bids for publicity and advertising services across print, electronic media, billboards, and social media.
Following the bidding process, submissions were evaluated, and a tender committee meeting was held on September 16, 2014, in the old committee room.
“I was the secretary, and the verdict under agenda 1 annual tenders, The secretariat tendered a list of pre-qualified firms on various items as listed below. Members approved the list subject to corrections on items number 33,36,45,50,52,221 and 16,” Kairu said.
“The secretariat agreed to do the correction and tender the same to the tender committee.”
He said a follow-up meeting on October 16, 2014, focused on the presentation and approval for the use of rate cards.
“The rate cards were presented and approved without any extra charges,” said Kairo.
“It was deemed necessary to establish the market prices for events to ensure you get value for money.”
He maintained that due process was followed.
“The system ensures that when there is an existing contract, we utilize it, and where there isn’t, we follow the Public Procurement Act guidelines,” the court heard.
Kairu testified in defense of the procurement process.
“I confirm there were budgets assigned for the media buying services,” he testified.
Kairu told the court that Sh30 million was allocated for media services under the “Profit Production and Productivity Program.”
He explained that the program aimed to enhance coffee production by distributing new coffee seedlings to farmers.
Media advertisements were deemed critical to reaching farmers and raising awareness about the initiative.
“We started with the budget and ensured that the services were included in the procurement plan,” Kairu stated during his testimony.
“The entire process was conducted legally and in a transparent manner, with tenders being advertised and bids invited as required.”
He gave an example for a supplementary budget for the 2014-2015 financial year, he highlighted trade and marketing initiatives, under which the coffee productivity program was categorized.
Kairu emphasized that the procurement adhered to all legal requirements, reiterating, “There was a budget allocated, and everything was done in compliance with the law.”
The prosecution has accused the former governor of irregular procurement practices, alleging that public funds were misused.
However, Kairu alleges that the funds were used for their intended purpose and that the procurement process was above board.
Jane Waigwe Kimani, the wife of former Murang’a governor Mwangi wa Iria, and her brother David Maina Kiama have also been charged with conspiracy to defraud the Muranga county government of Sh351 million by claiming to have provided media services through their company, Top Image Media consultants limited
Mwangi wa Iria, Waigwe, and Kiama have denied all charges leveled against them, including money laundering and conspiracy to commit fraud.
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