Cyprian Nyakundi recently brought to light a troubling case of corruption involving Kenya Electricity Generating Company PLC (KenGen) on his X platform.
The High Court has made a ruling that stops KenGen from illegally awarding a Ksh 47 million cleaning contract to Joymacx Enterprises.
This decision came after the Public Procurement Administrative Review Board (PPARB) had earlier nullified the contract due to serious irregularities in the procurement process.
The court’s ruling has raised serious questions about the integrity of procurement practices at the state-owned electricity generator.
Joymacx Enterprises had been awarded the cleaning contract despite failing to meet mandatory technical and financial evaluation criteria.
Competing bidders who had met all the requirements and even quoted lower prices were unfairly disqualified, allowing Joymacx to secure the lucrative deal.
Investigations revealed that this was not the first time Joymacx had benefited from such questionable practices.
Just a few months earlier, the company had won another cleaning contract from KenGen worth over Ksh 120 million under similar dubious circumstances.
The PPARB reviewed the case and canceled the award on December 13, 2024, citing clear violations of public procurement laws. The board found that KenGen’s procurement team had ignored the bid evaluation criteria and awarded the contract to a firm that did not meet the necessary standards.
Joymacx Enterprises then took the matter to the High Court, challenging the PPARB’s decision. However, the court dismissed their application, upholding the board’s findings.
Justice J. Chigiti, in his ruling, confirmed that the procurement process was flawed and did not follow the law.
He noted that Joymacx had failed at all stages of the evaluation but was still awarded the contract. The court also found that the evaluation committee had introduced criteria that were not stated in the tender documents, which unfairly disadvantaged other bidders who had legitimately qualified.
The ruling emphasized that KenGen’s actions breached Article 227 of the Constitution, which mandates that public procurement must be fair, transparent, and cost-effective.
The court further directed KenGen to redo the financial evaluation within 30 days, ensuring that only qualified bidders are considered.This case has cast a dark shadow over KenGen’s procurement practices, raising concerns that the company’s tendering process may have been manipulated to favor certain bidders.
Sources familiar with the matter have alleged that senior officials responsible for the flawed tendering process might escape punishment, with some even receiving promotions instead.
This has led to growing calls for the Ethics and Anti-Corruption Commission (EACC) to launch an independent investigation into possible corruption and abuse of office at KenGen.
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