Court stops Mathare constituency from paying eight firms over graft
Eight Companies that had been awarded various tenders at Mathare Constituency have suffered a blow after the High court stopped Mathare National Government Constituency Development Fund from paying them.
Justice Hedwig Ong’udi issued the temporary order pending the hearing of a petition filed by businessman Ezekiel Otieno who has challenged the bidding process.
The companies include; Ori and sons Contractors Limited, Fixkar E. A Group Limited, Laville Enterprises Limited, and Flex Limited.
Others include; Graville Enterprises, Safa Service Providers Limited, Mercow Engineering and Gen Supplies Limited and Properties Sustainability and Services Solution Limited.
“Pending the inter partes hearing, a temporary injunction is hereby issued prohibiting the respondents from approving, releasing, paying out, reimbursing any funds to the said companies with regards to the projects,” read the order by Justice Ong’undi.
Through lawyer Joseph Lehman Amisi, Otieno sued Mathare MP Anthony Oluoch, the Mathare NGCDF, the Funds Account Manager and the CDF Committee over the approval of different tenders within the constituency.
He accuses the CDF Committee, the MP and the said companies of carrying out massive fraudulent, corrupt illegal activities as pertained to various tenders in the Constituency.
He claims the activities have exposed the residents of Mathare Constituency and the public at large to potentially having to pay around Ksh 83million without any backing of the law.
It is his contention that the CDF Committee awarded a tender for the construction of two classrooms at Daima Primary to a company known as Properties Sustainability and Services Solution Limited without the firm undertaking any tendering process.
He further alleges that the NGCDF committee awarded tenders worth sh 78,982,245 to companies that have similar directors and are al related in one way or another.
“Laville Enterprises Limited and Graville Enterprises limited have one common director known as Vincent Moenga Momanyi.
Also, Graville Enterprises Limited and Flex(k) Limited are related in that they share the same postal office address and both share the same secretary by the name Maria Goretti Nyariki,” he says in court documents.
He further accuses the NGCDF and the MP of failing to undertake public participation before approving various projects and which projects were advertised for tendering.
He says the MP and NGCDF despite advertising the various projects; were not fairly and equitably distributed amongst the wards available in Mathare Constituency.
“The end effect being that some wards were not allocated any projects an action which is discriminatory and amounts to the unequitable distribution of resources,” he says.
Justice Ong’undi certified the matter urgent and directed it to be mentioned on February 14 for further directions.
