Activist seeks removal of embattled KeRRA boss

Activist Francis Awino has filed a petition in court seeking the removal of Philemon Kiprop Kandie, as Director General of Kenya Rural Roads Authority (KeRRA) over allegations of corruption and irregular misuse of Sh4.6 billion.

Awino wants the Nairobi Constitutional and Human Rights Division to issue orders declaring Kandie unfit to hold public office over alleged misappropriation of funds and irregularities in the award of the multi-billion tenders on upgrading roads.

"The respondent (Kandie) is unfit to hold any public office because he has grossly violated the Constitution and other laws and is guilty of gross misconduct," claims Awino.

The petitioner accuses the KeRRA boss of allegedly violating the procurement laws in awarding tenders and stealing taxpayers' funds in collusion with politically connected individuals.

In his court papers, Awino details how Kandie who was barred by the High Court in May last year from being the director general of KeRRA has refused to vacate the office and allegedly continues to conduct several illegalities and unlawful actions leading to major corruption scandals at the state agency.

"There was illegal, unlawful, and irregular misuse of taxpayer's money. A fact that was actually confirmed by the Auditor General's report leading to suspension of Kandie in late May 2023 by Employment and Labour Court Justice James Rika who also found that the process of his recruitment was marred by procedural impropriety and quashed his appointment," he says.

The activist argued that despite the court order, which the Court of Appeal has since declined to suspend, Kandie has continued to perform his duties as KeRRA's director general and even chaired meetings for over a year.

Awino claims that Kandie has been awarding road upgrading tenders to firms that had been placing the highest bid price thereby shortchanging companies that had bid the lowest.

According to the petitioner, in a complaint lodged with the Public Procurement Regulatory Authority (PPRA), the KeRRA boss allegedly committed procurement fraud by irregularly awarding an India Private Limited-based firm namely M/s Shengi Engineering Constructions with a total bid amount of Sh4,692,818,332 instead of M/s Guanxi Hydroelectric that had the lowest bid amount of Sh3,964,406,845 as per the regulations.

Court documents show that one of the firms contesting the tender award was over-quoted by Sh1 billion.

Other than one of the bidders whose financial bid in tender No. RWC 652 was below the intended estimate, all the other bidders who submitted their financial bids in the other tenders had financial estimates which were way above the budgets of the projects by over Sh1 billion

The petitioner states that there was a scheme to flout the set procurement laws by irregularly awarding the contracts to under qualified companies, pointing to a major corruption scandal.

"All this was done in a conspiracy meant to make sure that the qualification criteria fit the qualifications of particular bidders. This conspiracy was hatched and executed by the Kandie himself," Awino alleges in court papers.

According to the petitioner, Kandie proceeded to make an award to the bidder who had the highest financial bid and not the one with the lowest financial bid contrary to the provisions of Sections 83 and 86 of the Public Procurement and Asset Disposal Act and Article 227 of the Constitution of Kenya.

The multi-billion tenders were for the completion of stalled road projects being re-tendered as detailed under the Roads 10,000 Programme in 2023/2024 to be financed by the government of Kenya through the Development Vote as per an advertisement notice.

Awino now wants the court to issue an order declaring that Kandie's actions are in violation of the Constitution.

"An order mandamus directed to the KeRRA Board to declare the position of the director general vacant and to conduct fresh interviews and appointment of the director general," he says in the court papers.

He also wants the court to order criminal investigations against the KeRRA boss and, if culpable, instruct the Director of Public Prosecutions to prosecute Kandie for breach of law.