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Court halts Sh166m payment in Kiambu ERP tender dispute

EACC sought the orders, arguing that the payment arose from an irregular tender.

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by SHARON MWENDE

News03 November 2025 - 12:45
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In Summary


  • Lady Justice Lucy Njuguna of the Anti-Corruption and Economic Crimes Division issued the orders on October 31, 2025.
  • The injunction will last 14 days, barring the county from paying the remaining balance under the tender for an ERP system
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The High Court has stopped the County Government of Kiambu from paying Sh166,295,500 to Filtronic International Limited over a disputed tender.

Lady Justice Lucy Njuguna of the Anti-Corruption and Economic Crimes Division issued the orders on October 31, 2025.

The injunction will last 14 days, barring the county from paying the remaining balance under the tender for an Enterprise Resource Planning (ERP) system.

“An interim order of injunction be and is hereby issued to last for 14 days... restraining the Interested Party from paying the 4th Defendant Sh166,295,500,” the order reads in part.

The Ethics and Anti-Corruption Commission (EACC) sought the orders, arguing that the payment arose from an irregular tender.

The court certified the application as urgent and directed the EACC to serve the respondents and the interested party immediately.

They have seven days to file their responses.

EACC, listed as the plaintiff, sued Bernard Theuri, Chen Ligou, Martha Wachinga, Filtronic International Limited, Phyllis Muiruri and Zachary Gitau.

The County Government of Kiambu was listed as an interested party.

The supporting affidavit was sworn by Juliet Kavala, an EACC investigator.

In its court papers, the Commission wants the tender award and contract declared illegal and void.

It claims the deal was tainted by false financial and technical information.

The agency also seeks to recover Sh63,704,500 already paid to Filtronic and obtain a permanent injunction against further payments.

According to the EACC, the tender was advertised on March 30, 2023, with a closing date of April 6, 2023, followed by an ad hoc evaluation process in April 2023.

The contract agreement between the county and Filtronic was executed in April 2023.

The EACC alleges that Filtronic and several defendants misrepresented their technical and financial capacity during bidding.

The Commission told the court that representations regarding audited financial statements for 2020–2022, turnover figures, profitability, positive cash flow and asset base were false or unsupported.

The affidavit alleges, for example, that documents said to have been audited by a named firm were never audited by that firm, and that bank statements and staff CVs provided in the bid were misleading.

The EACC said its investigations revealed that Filtronic’s bid contained falsified financial statements, edited bank records, and fake staff CVs.

It added that only one bid was received and that the contract was later extended after expiry, in breach of procurement laws.

“Investigations established that Filtronic’s financial statements were never audited by the named firm and that its bank statements were falsified,” the EACC stated.

According to the Commission, the contract was signed on April 24, 2023, for Sh230 million and was to run for six months.By November 2023, little work had been done.

The EACC said it moved to court to recover public funds and block further payments.

The injunction now prevents Kiambu County from releasing the Sh166.3 million balance until the court decides whether to extend or lift the orders.

The case will be heard inter partes on November 13, 2025.

 

 

 

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