MPs call for prosecution of Kenya School of Law boss over procurement irregularities

MPs call for prosecution of Kenya School of Law boss over procurement irregularities

The project, which began in June 2013 and was meant to be completed in three years, is reportedly 97 per cent complete but riddled with poor finishing and suspected mismanagement.

The National Assembly’s Public Investments Committee on Education and Governance has called for the prosecution of Kenya School of Law (KSL) Chief Executive Officer Henry Kibet Mutai and his team over procurement breaches and questionable contract awards.

Led by Bumula MP Wanami Wamboka, the committee made the recommendation after inspecting the institution’s long-delayed Sh488 million ultra-modern library and moot court facility.

The project, which began in June 2013 and was meant to be completed in three years, is reportedly 97 per cent complete but riddled with poor finishing and suspected mismanagement.

“The construction period was three years, and the Project was expected to be completed by September 2016. By 30 June, 2022, a total of Sh322,940,902 had been paid to the contractor,” reads a report by the Office of the Auditor General.

During a meeting with the KSL management, MPs raised several audit concerns flagged in the financial statements. However, the CEO and the school’s accountant appeared unsure of the resolution status of the issues and gave conflicting responses.

“We find the Finance Officer incompetent, negligent, and unfit to serve in an institution like KSL,” said Wamboka.

A key concern for the committee was the failure to operationalise an Integrated Enterprise Resource Planning (ERP) system, which was intended to streamline and automate the school’s core processes. The system was procured through tender No. KSL/002/2017-2018 from ABNO Software’s International Limited on June 27, 2018, at a cost of Sh14,998,510.

“There seems to be a lot of disconnection between the CEO and the officers. The legal counsel, ICT team, Finance and Procurement officers were not present during the audit and verification process of this system, pointing to sheer negligence of critical processes,” noted Francis Sigei.

Committee members expressed frustration with the CEO’s failure to provide satisfactory answers, with Alfah Miruka stating: “Taking responsibility for the unanswered queries raised by the Auditor General makes you an accomplice in this case, Mr. CEO.”

Due to the CEO’s continued lack of cooperation, the committee chair imposed a personal penalty of Sh500,000.

“I therefore invoke Section 191 (a) of the National Assembly Standing Orders, as we find it very difficult to get answers from the CEO,” said Wamboka. “You’re hereby ordered to pay a fine of Sh 500,000 payable to the Clerk, from personal coffers, and not the institution’s money. Bring the Banker’s Cheque to our next meeting in a week’s time.”

The committee has asked the Ethics and Anti-Corruption Commission and the Directorate of Criminal Investigations to intervene, citing criminal culpability over unresolved audit queries and a pattern of negligence.

“It is not acceptable that this Committee has come here thrice to follow up on the same audit matters that have remained unresolved for years. There ought to be repercussions for such negligence,” concluded Moses Kirima.

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