Sports Kenya faulted for illegal tenders, premature contracts worth Sh1.9 billion

Auditor General Nancy Gathungu has exposed Sports Kenya for awarding irregular tenders valued at Sh1.96 billion for the refurbishment of Kericho Green Stadium, Bukhungu Stadium in Kakamega and Masinde Muliro - Kanduyi Stadium in Bungoma.
Sports Kenya is under scrutiny for awarding irregular tenders worth nearly Sh2 billion in the refurbishment of key stadiums, with the Auditor General revealing pre-contract engagements and premature contract signings that violated procurement laws.
In her latest report, Gathungu faults the agency for engaging contractors before tender processes were concluded, raising concerns over accountability.
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Auditor General Nancy Gathungu has exposed Sports Kenya for awarding irregular tenders valued at Sh1.96 billion for the refurbishment of Kericho Green Stadium, Bukhungu Stadium in Kakamega and Masinde Muliro - Kanduyi Stadium in Bungoma.
Gathungu’s report also accuses the Moi International Sports Centre of breaching the law after entering a revenue-sharing deal with the Nairobi Metropolitan Area Transport Authority (NaMATA) for the establishment of a Bus Rapid Transit (BRT) assembly facility, without proper approvals.
According to the report, the BRT project falls outside Sports Kenya’s legal mandate.
“The construction of a Bus Rapid Transport facility does not fall within the mandate of Sports Kenya in the manner contemplated in Section 4 of the Sports Act, 2013, which stipulates that Sports Kenya is established to promote sporting facilities and resources,” reads the report.
“In the circumstances, the management was in breach of the law.”
For Kericho Green Stadium, whose contract value stands at Sh408 million, Gathungu flagged glaring anomalies in the procurement process. A review of procurement documents revealed that Sports Kenya engaged with the contractor even before the procurement process commenced.
Evidence from the report includes a letter and design documents submitted by the construction company dated July 19, 2023, while the contract was officially signed on September 4, 2023.
In the case of Bukhungu Stadium, which was earmarked to host the African Nations Championship (CHAN 2024) games, the audit found several irregularities in the tendering process.
The report highlighted missing memoranda of understanding and agreements required for review. Delays in project completion were also highlighted. A site verification conducted on September 24, 2024, revealed that Phase II of the refurbishment was incomplete, even though the award of Phase III works had been made under the assumption that Phase II would have been finalised.
“Phase III works were awarded on the assumption that Phase II would be completed, yet Phase II was still ongoing during the inspection,” Gathungu noted in the report.
For Masinde Muliro - Kanduyi Stadium, where a contract worth Sh799.1 million was issued, Gathungu raised concerns over the signing of the contract before formal acceptance of the award by the contractor.
According to the report, the professional opinion was approved on February 28, 2024, the contractor was notified of the award on February 29, 2024, and the contractor accepted the award on March 4, 2024. However, the contract was signed earlier, on March 1, 2024, three days before the contractor officially accepted the award.
The sequence of events, the Auditor General said, breached Section 35 of the tender documents which states.
“The contract shall not be signed in under 14 days to allow any dissatisfied tenderers to launch a complaint.”
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