Senators question KDF role in public projects

Kenya Defence Forces engineers construct a road in Ngosusu area in Laikipia on October 3, 2021. [File, Standard]. Senators are questioning the rationale of involving the Kenya Defence Forces (KDF) in the implementation of public infrastructure projects despite the availability of qualified civilian contractors in the country. Marsabit Senator Mohammed Chute has sought a statement from the Senate Committee on Roads, Transportation and Housing regarding the growing trend by the national government to engage the KDF in constructing various infrastructure projects. Chute particularly cited the construction and renovation of several stadiums, projects in which he said the military are heavily involved. "The Senate Roads Committee should address the procurement method adopted for each public infrastructure development project initiated by the national government from 2020 to date, where the KDF was selected for implementation. It should also provide justification in each instance where open tendering was not used," said Chute. Vihiga Senator Godfrey Osotsi questioned how the Public Finance Management Act and the Public Procurement and Asset Disposal Act are being applied, warning that this could create loopholes for corruption, since the military's financial affairs are not subject to public scrutiny. Osotsi argued that involving the military in public development projects compromises oversight. "I know people will say that the military is very disciplined, but we can also ensure discipline in other sectors of our economy so that we deliver value for money to our people, instead of involving KDF in such projects," said Osotsi. Narok Senator Ledama Olekina, however, argues that the KDF's involvement in construction works is legal, adding that the military would not undertake projects for which it lacks legal authority. Olekina reminded the House that legislation passed in 2021 established the Ulinzi Construction Company under the Kenya Defence Forces, and that the Critical Infrastructure Bill, 2024, is currently under consideration in the National Assembly. "Sometimes we may be driven by the interests of private companies, but it is important to note that what the KDF is doing is legal," said Olekina. Senate Majority Leader Aaron Cheruiyot stated that procurement laws allow one government entity to contract another in urgent cases without going through the lengthy public tender process. He explained that such arrangements are not profit-driven and noted that several countries engage their military in development projects. "Most of the Chinese companies carrying out construction in Kenya are state-owned enterprises, not private firms. It is possible for us to build our own state-owned enterprises that can compete with the very best," he said. Nominated Senator Karen Nyamu called for clarity on the framework under which the KDF is undertaking construction works, questioning whether these projects are guided by a directive, a special arrangement, or open tendering. Nyamu cautioned that when such jobs are undertaken by the military, they may contribute to unemployment, as funds meant to circulate within the wider economy end up in the defence sector. "We respect the KDF, but let them focus on their core mandate, which does not primarily involve public works. We have qualified contractors in this country with a proven track record of delivering quality projects-we should support them," said Nyamu. Nominated Senator Beatrice Ogolla, however, argued that since KDF personnel are trained and paid from the public purse, there is nothing wrong with them contributing to community development, provided it is done within legal frameworks.

Senators question KDF role in public projects

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