Judiciary did not lose money while putting up courts

Makori Mose, the former Athi River district commissioner, testifying in court yesterday in a case where former Judiciary Chief Registrar Gladys Shollei has been charged with corruption and abuse of office. The Judiciary never lost money in the construction of pre-fabricated courts, a witness had said in court.(PHOTO: DAVID NJAAGA/ STANDARD)

The Judiciary never lost money in the construction of pre-fabricated courts, a witness had said in court.

Bridgit Chepkemoi said materials that were to be used to build the court in Mavoko were taken to Runyenjes after it emerged that the piece of land was under dispute.

"Contrary to claims by the prosecution that the Judiciary incurred losses over the Mavoko court, materials that were to be used on that court were used to build the one in Runyenjes," said Ms Chepkemoi.

"On realising the Mavoko land, which had been given to the Judiciary by then district commissioner, Makori Mose, belonged to the Kenya Meat Commission and had unsettled hurdles, it was agreed that the pre-fabricated court would be put up in Runyenjes because the Judiciary could not prove ownership (of the land)."

Chepkemoi, a Nakuru court executive officer, said tender money was also secured and that the Judiciary could recover its money in the event anything untoward happened from the bidders' side.

"From where you stand, do you see it as a benefit to Timsales? Is there anything improper?" lawyer Edwin Sifuna asked. Chepkemoi answered: "There was nothing improper."

The court heard that the payment had been secured through CFC Bank.

Senior Principal Magistrate Liz Chege also heard that there was no ceiling set for a down payment in case any company won the tenders for building the courts. She said there was nothing wrong with the 50 per cent down payment paid to Timsales Ltd as no ceiling was set by the evaluation committee.

"Down payment was not a criteria for evaluation. The criteria used did not come from the Judiciary. It was in accordance with procurement laws," said Chepkemoi.

"There was no complaint from any of the 13 bidders regarding the process. I am not aware of any complaint," she said, adding the tender committee recommended Timsales for the tender after demanding that the Judiciary should make a 50 per cent payment at the start.

Former Judiciary Chief Registrar Gladys Shollei and six others have been charged with altering the down payment from 10 per cent to 50 per cent. However, the witness said it was the company that demanded to be paid 50 per cent before starting the work.

At least 60 per cent of the work was to be done in a workshop and the rest on site.

The magistrate heard other agencies, including the Kenya National Human Rights Commission, United Nations and Ministry of Environment had also taken up the 50 per cent down payment arrangement and actualised it with Timsales.

The witness said the tendering committee followed the recommendations by the evaluation committee because EHG Limited and Timsales scored the best.

EHG Limited, according to Chepkemoi, was awarded lots 1 and 2 since it bid Sh326 million compared to Timsales, which set its price at Sh399 million. However, the court was told, EHG could not carry out lot 2 (Othaya, Marimati, Runyenjes and Wang'uru) since its validity period had lapsed.

The magistrate was told EHG's validity lapsed on March 14, 2013, hence the company could not have claimed the contract for lot 2 in accordance with the law.

Lynette Mwangi, another witness, told the court that the allegation that names of the evaluation committee members came from Ms Shollei were untrue.

"It would not be correct as the names were forwarded by the procurement department for signature," said Ms Mwangi.

Asked by Shollei's lawyer, Paul Ng'arua, about the Mavoko land, she said when the Judiciary was preparing its report, it was realised that there was no title for the land. The hearing continues today.