•President Uhuru Kenyatta and Uganda's Yoweri Museveni jointly unveiled the project in a pact to end cross-border conflicts.
•NWHSA has spent Sh13 million above the Sh231 million contract award eliciting concerns of breach of procurement law.
Image: MARYANN CHAI
Graft claims have marred a flagship dam project initiated by President Kenyatta in Turkana to end conflicts on the border with Uganda at Naku’etum.
Uhuru and his Ugandan counterpart Yoweri Museveni reached a deal in September 2019 to construct a peace dam to end border conflicts sparked by water shortages.
The presidency allocated Sh250 million and a contractor - J&K Investment Kenya Ltd - was awarded a tender of Sh231 million by the National Water Harvesting and Storage Authority to build the dam.
The contractor finished the work and was handed a completion certificate on June 21, signed by the NWHSA resident engineer David Gitau.
However, five days later, Gitau wrote to the contractor that some minor works and defects were noted during inspection by NWHSA staff on June 25.
Documents obtained by the Star show that the authority staff have taken over the works from the contractor despite the project being under the defects notification period.
NWSHA drew, amid claims of violation of procurement procedure, a budget of Sh13 million from the balance of Sh19 million of the presidency’s allocation to correct the defects.
In the new budget, the authority has allocated Sh3 million in per diems for supervision by staff from the head office in Nairobi.
Another Sh532,000 was allocated to four staffers as per diem for 20 days while inspecting the ongoing works and Sh89,600 for fueling field vehicles.
NWHSA also allocated Sh1.7 million for fueling equipment and machinery as well as Sh6.1 million for hiring the earthmovers, tippers and other machines for use at the site.
Some Sh20,000 was set aside for service and maintenance, Sh76,800 for payment of casuals, Sh12,000 for materials, Sh48,000 to purchase empty drums, Sh1.3 million allowances for drivers and operators, and Sh323,400 for site office works.
But J&K Investment Kenya Ltd managing director Li Shunkang in a July 22 letter said some of the works the authority is correcting were not instructed.
In an August 18 letter, he wrote to the authority saying, “it has come to our attention that the employer has taken over the works and started demolitions.
“Please note that the project is on the defects notification period and we shall neither be responsible nor liable for any risks, damages, or defects – constructional, operational, or whichever - that may arise.”
Sources intimated to the Star that the new works have not been approved by the board, putting the NWHSA management led by CEO Sharon Obonyo on the spot over possible irregularities.
The CEO was by press time yet to respond to calls and SMSs by the Star on the concerns arising from the additional allocation.
The sources hold that the unfinished works cited by the engineer do not exceed Sh2 million hence should be paid using the contractor’s retention money, which was Sh4.4 million.
The board was suspended by Head of Public Service Joseph Kinyua in July and has not sat since May, begging the question of whether the procurement plan for the extended works was approved.
The concerned members hold that under procurement laws, the budget for the contract cannot be stretched beyond the amount awarded to the bidder, in this case Sh231 million.
“Where has the authority got capacity from? Sh13 million is being wired to accounts of staff members. Where is the accountability?”
The project, which has been under the supervision of the Presidential Delivery Unit, was to be handed over by December last year for presidential launch.
Questions abound on why the authority has taken up the works instead of calling the contractor to rectify the said defects yet NWSHA tendered because it lacked capacity.
When contacted for comment, NWHSA chairman Erick Okeyo, also on suspension said, “I have no good details. But it is not surprising that such things are happening.
“This is the cause of the conflict between the board and the parent ministry. I am not surprised that we had a procured contractor and now we can spend the money.
“If anyone is to do more audits, there will be more revelations no wonder Maji House (Water ministry headed by CS Sicily Kariuki) is keen on retaining the CEO in acting capacity,” Okeyo said.
Edited by Kiilu Damaris