Court Flags Contractor in Sh25M Stadium Tender Fraud

KITALE — A High Court judge has ordered a contractor and former officials of Trans Nzoia County to refund Sh25 million paid for the renovation of Kenyatta Municipal Stadium in Kitale, ruling that the contract was “tainted with irregularities, illegalities and fraud.”

In a landmark judgment delivered Thursday, Justice Nixon Sifuna directed the recovery of the entire amount plus interest from contractor Robert Simiyu, who traded as Koyi Building Contractors, alongside implicated county officials.

The Ethics and Anti-Corruption Commission (EACC), which initiated the case, successfully argued that the stadium renovation contract was fraudulently awarded through manipulated procurement processes.

“The contracts entered between Mr. Robert Simiyu who was trading as Koyi Building Contractors and Trans Nzoia County government for renovation and building spectator sheds was tainted with irregularities, illegalities and fraud,” Justice Sifuna stated in his ruling.

Procurement Irregularities

Court documents revealed multiple procurement violations, including:

• Forged or falsified county tender committee minutes
• Contract documents not executed by the proper accounting officer
• Multiple bids submitted by the same contractor under different business names
• No proper advertisement or competitive evaluation of the tender

Joseph Muindi Tevulo, the former head of supply chain management at the county who allegedly signed the contracts, faces potential sanctions from the Attorney-General, including a possible ban from holding procurement positions in the public sector.

Budget Overrun

The investigation further established that while the county government had only approved Sh10 million for the construction of sheds in its supplementary budget for 2013/2014, Mr. Simiyu was awarded a tender worth Sh15.8 million.

The EACC argued this constituted “engaging in a project without prior planning,” a violation of section 45(2)(c) of the Anti-corruption and Economics Crimes Act.

The judgment highlights ongoing efforts to crack down on procurement fraud in county governments, with the court taking a firm stance against officials implicated in tender irregularities.