REVEALED: Sh47 billion Money Heist Tender That Involved Nairobi County, Judicial Service Commission

As Kenyans were fighting on the streets to reject the finance bill and dissolve the cabinet, Nairobi County was being involved in one of the greatest public money heists in the history of devolution in Kenya.

A petition 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 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 in this grave matter 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 , feasibility study and environment impact assessment amongst other infringements.

Environment and Land Court ni NAIROBI ELC CONSTITUTIONAL PETITION 43 OF 2019 ordered the Nairobi Metropolitan services, an entity that was perpetually succeeded by Nairobi County Govt 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 2023, against Nairobi County officials and NEMA for continued operation of the dumpsite to the detriment of residents. On 21 September 2023, over 100 Dandora residents sued Nairobi County Executive Officials 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 other parties) to undertake a PPP project must ;

1. Undertake a feasibility study. This was not done.
2. Obtain County Assembly Approval. This was not done.
3. Enlist the project in the County Integrated Development Plan. This was not done.
4. 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. Nairobi County Executive therefore commited public funds without any basis or budget. This figure was more than the County 2022/2023 Budget of KES 45B. This was 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 had 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.