63 companies seek Sh95m dues from Kenya Power

Kenya Power personnel fixing electricity cables at Solai Trading center in Subukia, Nakuru County. [Kipsang Joseph/Standard]

Companies at the centre of the procurement scandal at Kenya Power want the firm compelled to settle money owed to them for work done.

This is despite the directors of a number of the companies awarded the labour and transport contracts facing prosecution following the weekend purge on Kenya Power bosses by the Director of Public Prosecution (DPP).

The indictment left the power distributor in a crisis, with almost all of its senior management charged with various economic crimes, flouting procurement laws and abuse of office.

The companies had been contacted to undertake emergency repairs and construction of power infrastructure over a two-year period for Sh255 million.

Of this amount, Sh160 million has been paid and the firms are now claiming the balance of Sh95 million.

The 63 companies have engaged the legal services of Apollo Mboya, who has recently taken Kenya Power head-on in a pro bono case regarding the overbilling of customers towards the end of last and early this year.

Process payments

In documents filed in court, the companies want Kenya Power to be compelled to “process all payments due to the applicants for the contracts already executed”.

The firms also want the court to quash the decision by Kenya Power to withdraw the contracts issued in September 2017.

Some of the companies seeking payment from Kenya Power are among those whose directors face prosecution.

On Saturday, the DPP named 33 individuals and firms that he planned to charge with fraudulent acquisition of public property.

Among those in the DPP’s list and also pursuing payments from Kenya Power include Kazimix Enterprises, Petsus Investments, Touchline Electrical, Wachema Investment and Thotec Agencies.

Kenya Power officials are accused of bungling the tender process for the hiring of labour and transport firms in September last year.

The firm later withdrew some of the contracts and froze payments, citing irregularities in the procurement process as well as collusion between employees and contractors to award contracts and subsequently allocate them work.

Economic crimes

In a statement Friday, DPP Noordin Haji said nine Kenya Power officials including chief executive Ken Tarus would be charged with conspiracy to commit economic crimes, abuse of office and failure to adhere to public finance management laws.

These will be in addition to charges for procurement of faulty transformers where former chief executive Ben Chumo together with Tarus  - then finance boss – are alleged to have broken the law.

“Upon review of the file, I have established criminal culpability against KPLC management, employees, the directors of the firms and the companies or entities involved,” said Haji in the statement.