EACC to Charge Bomas CEO Over Ksh8.5 Million Irregular Tenders

ODPP offices in Nairobi.
ODPP offices in Nairobi.
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ODPP

On Friday, April 26, the Office of the Director of Public Prosecutions (ODPP) recommended three charges against the suspended CEO of the Bomas of Kenya.

The CEO will now face charges related to the alleged irregular procurement of tenders amounting to Ksh8.5 million.

According to a statement by the ODPP, this directive follows an investigation conducted by the Ethics and Anti-Corruption Commission (EACC) into various allegations made against the CEO.

A report by the Commission revealed that the Bomas of Kenya procured splitting tenders, resulting in irregular awards to suppliers during the 2020/2021 financial year.

Ethics and Anti Corruption Commission (EACC) CEO Twalib Mbarak giving a speech
Ethics and Anti Corruption Commission (EACC) CEO Twalib Mbarak
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The suspended chief officer will be charged for failing to comply with the law relating to procurement by engaging in a procurement process without an approved budget. 

ODPP further noted that the CEO gave out tenders without an approved procurement plan, as required under the Anti-Corruption and Economic Crimes Act of 2003. 

“Willful failure to comply with the law relating to procurement by failing to establish an Ad Hoc inspection and Acceptance Committee as read in the Act,” ODPP noted adding to the charges. 

Among the things procured illegally include five tenders for kitchen items among other things. 

Justice Nduma Nderi of the Employment and Labour Relations Court in Nairobi on April 18 ordered the suspension of the CEO, following a hearing of a petition filed against the move. 

In the petition, the now suspended Bomas head sued the Head of Public Service Felix Koskei, EACC and the Gender Cabinet Secretary Aisha Jumwa as respondents. 

Others listed as respondents include the Attorney General, the Chairperson of the Board of the Bomas of Kenya, and the Office of the President. 

"A mandatory injunction is granted directing the first respondent (Gender CS) and fifth respondent (Board of the Bomas of Kenya) to unconditionally lift the suspension of the applicant/petitioner," Justice Nderi noted during a ruling on April 18, 2024.

"I order for his immediate reinstatement pending hearing and determination of the petition."

Entrance to Milimani Law Courts, Nairobi.
Entrance to Milimani Law Courts, Nairobi.
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The Judiciary of Kenya.
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