The Kiambu county procurement boss told a court that if re-evaluation of bids for a Sh588 million roads tender was done, Testimony Enterprises would not have won.
Justus Bundi, the supply chain management director, is the prosecution's first witness.
He had already testified but was recalled to the stand after the prosecution introduced new charges in the graft case facing former Governor Ferdinand Waititu, his wife Susan Wangari and others.
The new charge in the case is authorising illegal payment and dealing with suspect property.
The prosecution says Waititu and Saka Two Estate Developers Limited approved a payment of Sh6 million corruptly taken from the county to Lake Naivasha resort. The money was to be used as part payment for the purchase of land where Delta House is situated.
Bundi on Monday told anti-corruption magistrate Thomas Nzyuki the outcome of who was to be awarded the tender would have been different because the evaluation committee introduced new criteria.
The new criteria involved serialisation of documents which he defined as numbering of documents in a sequence manner from the first to the last page and filled form of tender. The new criteria he said "would have disadvantaged some companies or others".
The tender in question was issued on February 12 and awarded to Testimony Enterprise owned by Charles Chege and Beth Wangeci Mburu after quoting Sh588 million. After the award, the company allegedly gave Waititu a kickback of Sh25.6 million.
Bundi told the court that only one bidder—Testimony— met the requirements but still pointed out some gaps that needed to be addressed.
He said the tender was not responsive as it did not conform to all the mandatory requirements.
He recommended that the accounting officer order for re-evaluation of the tender by the same committee or appoint another ad hoc committee to re-evaluate and compare the results.
This was disregarded by the chief officer Roads and Public Works Lucas Wahinya.
-Edited by SKanyara
