The Ethics and Anti-Corruption Commission has been stopped from charging Kitui county government officials over a Sh59.7 million deal until it meets conditions set by the High Court.
EACC must render its opinion on the county’s intention to purchase five trucks to ferry farmers’ livestock to the markets and the steps taken, within 30 days.
In the event EACC fails to comply, Justice George Odunga said the decision by EACC to stop the county from paying for the Isuzu FVZ trucks shall be quashed.
The judge also declared that “the investigative powers of EACC in respect of the county governments and their procurement of goods and services should not impede the procurement process.”
Justice Odunga said it was unreasonable for the anti-graft body to take more than a year to complete investigations regarding a decision by a county government to render services to its people considering the five-year life cycle of the Executive. He added that where a commission tasked with undertaking investigations fails to finalise the investigations for the county to make a decision to proceed with the procurement or not, the court must remind it of its constitutional mandate.
The judge said this in a case in which EACC has not cleared Kitui county government to pay Sh59.7 million for the purchase of five trucks for farmers.
“I find failure by the respondent (EACC) to complete its investigations into the petitioner’s (county) decision to purchase the subject trucks has impeded the petitioner in its mandate to responsively, promptly and effectively render services to the people of Kitui County,” Justice Odunga said on May 30.
Governor Charity Ngilu came into office in August 2017, and the purchase of trucks was agreed at a public participation forum and the county started the process on January 26, 2018. Section 135(1) and (7) of the Public Procurement Management Act allows county governments to spend 10 per cent of its annual budget on programmes not budgeted. Ngilu’s government had an annual budget of Sh1.1 billion to buy the trucks
The Standard Group Plc is a
multi-media organization with investments in media platforms spanning newspaper
print operations, television, radio broadcasting, digital and online services. The
Standard Group is recognized as a leading multi-media house in Kenya with a key
influence in matters of national and international interest.
join