ACC 21 OF 2015 - Republic vs Evans Ngibuini and 10 others
Summary: A tender for supply, delivery, installation and commissioning of new structured cabling of the NWCPC headquarters office block was awarded by the NWCPC to Telecommunication Today Ltd, a company that neither bid nor met the requirements set out in the tender documents. The 1st to 4th accused in their capacities as members of the NWCPC Procurement Oversight Board were araigned in court and charged with misleading the tender committee and inappropriately influencing the evaluation process by recommending the preparation, signing and awarding of the tender to Telecommunication Today Ltd. The 5th to 11th accused, being members of the tender committee, were equally araigned in court and charged with failing to comply with procurement laws by awarding the tender to an unqualified company, and also for abuse of office by virtue of conferring a benefit of Kes. 41,051,146.33 to Telecommunication Today Ltd, a company that didn't meet the requirements set out in the tender document. The 1st accused was further charged in his capacity as the Ag.Manager of the NWCPC with abuse of office by improperly using his office to confer a 41,051,146.33 benefit to Telecommunication Today Ltd by signing the notification of award letter awarding the tender to the company. It was established in court that the company actually placed a bid and was qualified as per the tender requirements, and that investigators failed to identify which business regime the company was registered to or incorporated under, because two names existed- one, Telecommunication Today, registered as a sole proprietorship, and Telecommunication Today Limited, registered as a company. The proprietor had initiated the process of changing the sole proprietorship to a limited liability company, which process concluded right before awarding and signing of the tender award. They proceeded to falsely conclude that the company was not a proper registered legal entity, when indeed it was. Initial investigations by EACC investigations officer concluded that the process was proper and recommended that the file be closed. However, instructions followed for further investigations to be conducted, along with instructions to charge members of the NWCPC tender committee, contrary to her conclusion that the process was above board. The court in considering evidence placed before it concluded no wrongdoing on neither of the accused persons and acquitted them of all the charges.
First offence date: 10/Sep/2013
Start date: 01/Jan/2015
Ruling date: 01/Jan/1970
Defendant plea:
Amount involved: KES 41,051,146.33
Type of case: Abuse of Office
Resolution comments:
Charge
Plea
Fine amount
Judgement
Count 1 - Misleading a person contrary to Section 135(1)B as read with Section 137 of the Public Procurement and Disposal Act
Not guilty
0.00
Acquittal
Count 2 - Inappropriate influence of evaluation contrary to Section 30(1) as read with Section 38(2) of the Public Procurement and Disposal Act
Not guilty
0.00
Acquittal
Count 3 - Wilful failure to comply with the law and applicable procedures relating to procurement contrary to Section 45 (2)(b) as read with Section 48(1) of the Anti Corruption and Economic Crimes Act
Not guilty
0.00
Acquittal
Count 4 - Abuse of office contrary to Section 46 as read with Section 48(1) of the Anti Corruption and Economic Crimes Act
Not guilty
0.00
Acquittal
Count 5 - Abuse of office contrary to Section 46 as read with Section 48(1) of the Anti Corruption and Economic Crimes Act
Not guilty
0.00
Acquittal
Persons
Mr Chigiti (Prosecutor)
Email:
Mr Kamunya (Advocate)
Email:
Mr Ndubi (Advocate)
Email:
Mr Kurgat (Advocate)
Email:
Mr Githui (Advocate)
Email:
Rachel Muindi (Investigator)
Email:
Places
National Water Conservation and Pipeline Corporation (NWCPC
Employer at time of Offence -
Milimani Anti-Corruption Court
Court -