A kisii constituency Development Fund has been accused of illegally issuing millions worth of tenders.
The Court has cancelled the ten tenders worth Sh134,600,000 at Bomachoge Borabu Constituency in Kisii County and ordered re-tendering process which should be conducted according to the law.
Lady Justice Wilfrida Okwany has ruled that the National Government CDF-Bomachoge Borabu Constituency did not comply with Article 227(2) of the Constitution as well as all other relevant provisions of the law governing such tenders.
“Having regards to the findings and observations that I have made in this judgement, I find that the instant petition is merited and I therefore allow it,” ruled Okwany.
The order has been issued after Lawyer Philip Nyandieka moved to court on July 2, 2018 seeking orders to cancel National Government CDF Bomachoge Borabu tenders.
Okwany said that she has observed that the total value of the tenders from the 2017/2018 financial year is indicated to be Sh124,100,000.
She added that this varies from the total reflected on the constituencies evidence document which is Sh134,600,000.
Ondabu had told the court that the said tenders contravene the provisions of the Public Procurement and Asset Disposal Act which requires that a minimum of 30 percent of tenders be served for women, youths, persons with disabilities and other disadvantaged groups.
Ondabu added that the response from National Government CDF-Bomachoge Borabu Constituency did not indicate whether any notice was ever given to the public for the meeting of December 1, 2017 which gave rise to the minutes produced in court.
In response to the claims, Bomachoge Borabu Constituency through Benard Otieno on July 31, 2018 raised an objection on the jurisdiction of the court to entertain the matter.
They argued that the claims by Nyandieka contravenes the provisions of section 175 of the Public Procurement and Asset Disposal Act which provides that a person aggrieved by a decision made by the Review Board Should seek judicial review by the High Court within 14 days from the date of decision.
The Constituency at the same denied the allegations that due process was not followed and told the court that it complied with the law and that the complainants failed to demonstrate how it failed to adhere to the equitable distribution of resources among the four wards.