EACC 1 OF 2017 - Republic vs John Juma Matsanza & 7 Others
Summary: The accused persons were arraigned in court to answer charges in relation to the award of tender to supply ,and subsequent delivery of 9 wheelbarrows from Jagla Enterprises at a price of Kes.983,850, a price which had prior to the tender commitee's authorization to award the tender, had been rejected by the evaluation committee on account of being above the prevailing market price. The wheelbarrows were to be used in 3 slaughter houses in Bungoma, Kimilili and Webuye. A1 was in his capacity as Ag County Secretary, Bungoma County, put to task over his role in irregularly authorizing the purchase at a unit price of 109,320/=. A2 - 8 being members of the Bungoma County Tender Committee were put to task for flouting procurement rules and failing to comply with the law on procurement by irregularly awarding the tender contract to Jagla without a proper evaluation having been conducted. The investigator, who also happened to be a registered valuer, valued the wheelbarrows and concluded that the most such a wheelbarrow could cost was Kes.6000, as opposed to the Kes.109,000. It was also estsblished that the recommendation by the evaluation committee to seek for fresh quotation was ignored by the tender committee. In their defence, thae accused persons stated that there was an urgency in purchases. The court rejected this argument stating that that urgency was not supported by evidence, and further, even in direct purchases, there were procedures which the accused persons did not follow. A1 was found culpable for signing the payment instruments without considering the evaluation committee's recommendation that the price was above market rates. The commitee was also found culpable in failing to comply with the applicable procedures and guidelines relating to procurement. A1 found guilty in count 1 and 2, acquitted in count 3. A2 -8 found guilty in counts 4 and 5.
First offence date: 10/Jan/2014
Start date: 01/Jan/2017
Ruling date: 01/Jan/1970
Defendant plea:
Amount involved: KES 983,850.00
Type of case: Wilful failure to comply with the law relating to the management of funds and incurring of expenditures
Resolution comments:
Charge
Plea
Fine amount
Judgement
Count 1 - Wilful failure to comply with the law relating to the management of funds and incurring of expenditures contrary to Section 45(2)(b) as read with Section 48(1) of the Anti Corruption and Economic Crimes Act
Not guilty
400000.00
Conviction
Count 2 - Wilful failure to comply with the law relating to the management of funds and incurring of expenditures contrary to Section 45(2)(b) as read with Section 48(1) of the Anti Corruption and Economic Crimes Act
Not guilty
400000.00
Conviction
Count 3 - Wilful failure to comply with the applicable procedures and guidelines relating to procurement and tendering of contracts 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 - Wilful failure to comply with the applicable procedures and guidelines relating to procurement and tendering of contracts contrary to Section 45(2)(b) as read with Section 48(1) of the Anti Corruption and Economic Crimes Act
Not guilty
300000.00
Conviction
Count 5 - Wilful failure to comply with the applicable procedures and guidelines relating to procurement and tendering of contracts contrary to Section 45(2)(b) as read with Section 48(1) of the Anti Corruption and Economic Crimes Act
Not guilty
300000.00
Conviction