Decision to keep tender saved Sh50m, court told

Stephen Muriithi, a quantity surveyor in the construction of a pre-fabricated court in Mavoko, yesterday when he testified in a case where former Judiciary Chief Registrar Gladys Shollei is charged with corruption and abuse of office. [PHOTO: DAVID NJAAGA/STANDARD]

Taxpayers would have lost up to Sh50 million had a tender for the construction of a court in Mavoko been cancelled, a court heard yesterday.

Stephen Muriithi, a quantity surveyor who was involved in the process, said shifting the construction to Runyenjes was the best decision the Judiciary made.

Muriithi, who testified in a case where former Chief Registrar Gladys Shollei has been charged with corruption and abuse of office, said Timsales, which won the tender, would have cited breach of contract and demanded between Sh30 million and Sh50 million had it been cancelled.

“The decision to shift construction of the court premises from Mavoko to Runyenjes instead of cancelling the tender when the land dispute came up was wise,” he told Senior Principal Magistrate Liz Gicheha.

He added: “Shifting the location after the land title issue came up cushioned the taxpayers from losing money over breach of contract. Had the Judiciary opted to cancel the Mavoko court deal, the contractor would have claimed the amount as provided for in procurement laws.”

“The best option therefore was to amend the contract and have the court constructed in Runyenjes since the work that was to done there was the same as what the contractor would have done in Mavoko. The architectural plans were all the same, meaning shifting the location of the building could not have attracted extra costs. Thus, the decision to shift construction prevented public money from going to waste.”

“What would be the cost implication of going back to Timsales and tell them sorry, you cannot carry out the project,” lawyer Paul Ng’arwa, representing Mrs Shollei, asked.

Muriithi replied: “They (Timsales) could have raised the issue of breach of contract. There is a likelihood they would have claimed insurance, performance bond and the cost of people employed to do the work. The claim would be 30 to 50 per cent of the contract sum. Shifting from Mavoko to Runyenjes was the best decision.”

The row erupted after it emerged the Mavoko land, which the then district commissioner had given to the Judiciary, belonged to Kenya Meat Commission. A decision was then made that the court be built in Runyenjes instead because the Judiciary could not prove ownership of the property.

And yesterday, the court heard a parcel of 1,200 square feet in Mavoko was not enough for the project as the plan needed at least 4,000 square feet.

Muriithi said evaluation of the tender was done fairly. “The evaluation was free and fair as much as I can recall. There was no influence to make any particular decision.”

Of the 11 courts, only tenders for seven were awarded. Runyenjes was in lot two, which was won by EHG Ltd. The hearing will continue in February next year.