How NYS chiefs shifted rules to accommodate rogue bidders

A witness in NYS case yesterday was told to show why they awarded tenders to companies after expiry of the validity period.

Julius Kandie, who was chairman of the Ministerial Tender Committee (MTC) in 2011, was hard pressed to explain why the tender validity period was extended from the stipulated 90 days to 120 without documentaton.

Kandie had initially told the court that on April 19, 2011, the company bids opened were 14 but seven of them were allowed to proceed to the next stage.

However, it emerged that they were 10 companies not the seven as earlier said and one of them was am-ong those disqualified.

In the case, former PS Lilian Omollo, alongside 31 others, with several counts of abuse of office involving paying three companies that were not prequalified. They received a total of Sh60 million.The three companies that were allegedly awarded tenders unlawfully include Ersatz Enterprises, Arkroad Holdings and Kalabash Food.

Kandie, who was in the dock for the third consecutive day, contradicted himself on several issues.

The period that the committee used to award the tenders was between November 16, 2010, and April 7, 2011, which was outside the validity period.

Kandie earlier told the court the accounting officer was the one awarding contracts but he later changed, saying that only the PS signs and approves the contracts. However MTC awards tenders.

The witness agreed whatever thecommittee did outside the validity period is null and void and whatever emanated from is also null and void.

Asked if an accounting officer would assume tenders were valid since it came from the MTC, Kandie answered “yes.”