The High Court has extended orders barring payment to eight companies that had been awarded various tenders at Mathare Constituency over allegations of corruption in the tendering process.
The order stopped Mathare National Government Constituency Development Fund from paying the companies.
Justice Ongudi directed the matter to be mentioned on February 28, 2022, to confirm that all the parties in the case have filed their respective responses.
The orders granted by the High Court were prayed for by Ezekiel Otieno who has sued the Mathare National Government- Constituency Development Fund (NG-CDF), Mathare MP Anthony Oluoch together with the 7 Contractors.
Justice Hedwig Ong’udi issued the temporary order pending the hearing of a petition filed by businessman Ezekiel Otieno who has challenged the bidding.
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 parties 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 MP, 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.
Otieno claimed that the activities have exposed the residents of Mathare Constituency and the public at large to potentially having to pay around Sh83 million 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 Sh78,982,245 to companies that have similar directors and are all related in one way or another.
“Laville Enterprises Limited and Graville Enterprises limited have one common director known as Vincent Moenga Momanyi.”
He said in court documents that 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 further accuses the NGCDF and the MP of failing to undertake public participation before approving various projects and which projects were advertised for tender.
Also, he said that despite the MP and NGCDF advertising the various projects, they were not fairly and equitably distributed amongst the wards available in the constituency.
