A French company has denied claims of irregularities in the awarding of the construction works for the CHAN 2018 sports facilities in Kenya.
Gregori International is a leading French company specialising in the design and execution of highly technical outdoor development projects.
It said in a statement, on the contrary, in a judgment delivered on June 30, 2022, the High Court of Nairobi upheld the validity of the contract, recognised the amount due to Gregori International, dismissed the arguments advanced by the State, and ordered payment of EUR 2,232,500 (Sh337,062,850) in favour of Gregori International.
“This decision was not appealed by the State.The High Court confirmed that the works were duly performed, formally accepted, and remain unpaid. At no stage has any allegation of fraud been upheld against Gregori International, and all criticisms of the contract were carefully examined and dismissed by the Court,” a statement said.
It was only more than three years after this binding and enforceable decision, when the State’s obligation to pay had become unavoidable, that the Ethics and Anti Corruption Commission (EACC) initiated its claim, in clear disregard of the fundamental principle of res judicata.
“It is also worth recalling that the 2018 CHAN was ultimately relocated to Morocco as a direct consequence of the State’s failure to honour its contractual obligations towards its contractors,” the statement added.
“As a company with more than 50 years of experience in the construction of sports and landscaping infrastructure worldwide, Gregori International operates with the highest standards of transparency, integrity, and compliance with international and local regulations.”
The disputed contract Tender No. MOSCA/CHAN/002/2017-2018 was valued at €8,117,869 (about Sh995 million) and covered the design, mobilisation, grass removal, irrigation, levelling, soil preparation, fertilisation, and installation of Bermuda/Pasalum grass, as well as sports equipment in five stadia and ten training centres across Kenya.
According to EACC, investigations revealed that the tender was awarded unlawfully, with procurement laws flouted and public funds irregularly paid out.
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