EACC exposes City Hall's flawed Sh313m street lighting tender

The Nairobi County government is under fire for awarding Sh313 million in street lighting tenders to eight companies in the Fiscal Year 2022-2023.

This was revealed in the quarterly report by the Ethics and Anti-Corruption Commission (EACC) which covered the reports forwarded to the Office of the Director of Public Prosecution (ODPP) between April 1, 2024, and June 30, 2024.

The report indicates that the contracts were awarded on the same day the tender was advertised, breaching the 14-day waiting period mandated by public procurement laws.

"It was also established that the LPOs were signed and issued out to the Suppliers without a preceding acceptance of the awards, in violation of the public procurement laws," reads the report in part.

The report also reveals that the contracts were signed without an accounting officer present, who is required to assess the quality of a Local Purchasing Order (LPO) agreement.

On June 3, 2024, the commission forwarded the file to the ODPP, recommending charges against those involved in the procurement process.

The charges include six counts of corrupt practices, two counts of willful failure to comply with the law, and one case of falsifying papers.

Additional charges include two counts of forgery, one count of financial misconduct, neglect of official duty, and conspiracy to commit a corruption offence.

In its report, the EACC recommended cancelling the signed contract and initiating disciplinary action against those involved.

On July 26, 2024, the DPP returned the file, advising that administrative action be taken against the suspects.

Street lighting projects have also been put in the spotlight previously by the Office of the Auditor General.

Findings by Auditor General Nancy Gathungu in 2023 revealed that taxpayers may have lost Sh2.6 billion in advance payments to contractors for works which have since stalled.

The report revealed that Sh1.6 billion had already been paid out by now-defunct Nairobi Metropolitan Services (NMS) for projects that were yet to be delivered across the city.

These are the expansion of sewer lines and street lighting in Dandora, Kangemi, Kawangware, Dagoretti Corner, Waithaka, Riruta, Kibera, Korogocho, Mathare, Zimmerman, Thome, Githurai 45, Mwihoko, Kasarani and Mwiki.