As Kenyans have been fighting on the streets to reject the Finance Bill 2024 and dissolve the Cabinet, Nairobi Governor Johnson Sakaja has been undertaking one of the greatest public money heists in Kenyan history.
A petition is now before the Judicial Service Commission for the removal of Justice Anne Amollo for leaking a judgement and issuing it secretly on a matter of great public interest ostensibly for private interests. It is standard practice for the Judicial conduct to issue judgements, least of all in public interest matters, in open court with all parties notified and attending. This was not the case and is a subject of an ongoing JSC petition.
On 4th September 2023, Justice Edward Wabwotto issued orders barring Nairobi City County from awarding tender NCC/ENV/287/A./3882/2022-2023 TO Design, Finance, Build, Operate, Maintain and Transfer a WASTE TO ENERGY PROCESSING PLANT AT DANDORA DUMPSITE to m/s CHINA NATIONAL ELECTRIC ENGINEERING COMPANY.
This arose from applications by a Dandora resident , Advin Mbae, on the infringement of the rights of residents in the lack of public participation and environment impact assessment amongst other infringements.
Environment and Land Court in NAIROBI ELC CONSTITUTIONAL PETITION 43 OF 2019 ordered the Nairobi Metropolitan services, an entity that was perpetually succeeded by Nairobi County Govt under Governor Sakaja to take steps to decommission the Dandora dump site and relocate it to another site within 6 months from 15th July 2021. Subsequently, contempt of court orders were issued by Judge Oguttu Mboya on Tuesday 24 August, against Nairobi County officials and NEMA. On 21 September 2023, over 100 Dandora residents sued Sakaja and the County for compensation due to adverse health effects of the mismanaged dumpsite. They claimed that toxins like lead and mercury have caused irreversible health damages to women and children in the area.
Despite all this, the county proceeded to issue a tender for the construction of the plant. In a matter before, the Public Procurement Administrative Review Board, one tenderer stated that their tender document was not opened despite submitting it.
The County stated that this was a PPP project despite issuing the tender under Public Procurement Law. Nevertheless, the PPP Act No 14 of 2021 Part VI, states in black and white that a county Government intending( before engaging third parties) to undertake a PPP project must;
- Undertake a feasibility study. This was not done.
- Obtain County Assembly Approval. This was not done.
- Enlist the project in the County Integrated Development Plan. This was not done.
- Approval from Treasury for projects exceeding the County Fiscal ability of the County. ( In this case, KES 47B awarded sum to China Electric Engineering Company). This was not done.
Compounding the incompetence, the County awarded the tender on 25th July 2023 to China Electric Engineering Company at a contract sum of KES 47B without any designs, bills of quantities or documentation arriving at the figure.
Governor Sakaja thereby committed the County of Nairobi to pay these amounts without any basis. This figure is more than the County 2022/2023 Budget of KES 45B. This is the greatest single fraudulent commitment of public funds by a County in the history of devolution.
Even worse is the defiance of National Government institutions who have rejected the project. Kenya Airports Authority stated that the project was not cleared as it was on a flight path. KENGEN also declared the project site not viable.
Despite all opposition from National Government and residents, defiance of the PPP act and ongoing court action, Governor Sakaja gleefuly, posted on 30th May 2024 on his social media handles, the award of the project to China Electric Engineering Company in what can only be seen as a brazen extortion scheme of the Chinese company at a time when Justice Anne Amollo conveniently issued the judgement lifted interim orders in secret.
The people of Nairobi stand to lose KES 47B for a project that may never see the light of day due to improper conception and defiance of law and stakeholders.
Sources close to Governor Sakaja indicate that he received hefty commissions in Dubai that he used to buy apartments, fund his UDA Nairobi Chairmanship campaigns and get the title for the controversial Loresho land from former Nairobi PC , Davis Nathan Chelogoi. The money heist continues.
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