How Watchman Helped Firm Secure Ksh134M KEMSA Tender

Lucy Mutema and James Mutema, Managing Directors at Petrel Agencies Limited
Lucy Mutema and James Mutema, Managing Directors at Petrel Agencies Limited
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An entrepreneur who has been working with KEMSA for 9 years revealed how a watchman helped her bag a Ksh134 million tender.

Appearing before the Public Investments Committee9PIC) on Tuesday, February 16, Lucy Mutema, Managing Director of Petrel Agencies Limited unveiled how her encounter with a watchman during her routine visits to KEMSA worked in her favor.

"There were very many people and vehicles at the KEMSA gate. I walked in and asked the security officer what was happening and he told me not to waste time but collect tender documents, sign and take them to the procurement," she said.

Abdulswamad Sharrif Nassir, chairman of the Public Investments Committee
Abdulswamad Sharrif Nassir, chairman of the Public Investments Committee
The Standard

"I obliged without asking further questions and after filling the tender documents, I rushed to the office of the Director of Procurement Charles Juma to present them," she added.

She further explained the smooth and quick process that followed later after she was awarded the Ksh134 million tender to supply Personal and Protective Equipment and asked to present samples after one and a half hours. 

Abdulswamad Nassir, the chair of PIC asked her whether in her previous years of working with the company she had acquired a tender in less than two hours.

"It has never happened that fast, it was the first one. We normally tender and due process allowed to take place before a tender is awarded," she responded.

In January 2021, Crown Healthcare Services was on the spot as Managing Director Shilen Thakaer explained to the Committee how a phone call won him a Ksh50 million tender for the supply of gloves and ventilators.

In December 2020, James Njuguna, the director of La Miguela Holdings Limited had to convince the same committee how he landed a Ksh180 million just by passing by the Kemsa offices.

Despite the tenders being awarded without due diligence,  all the companies contracted will receive payment after being cleared by the Ethics and Anti-corruption Commission.

Solicitor General Kennedy Ogeto argued that the law mandates that supplies be paid at the current market prices regardless of the nature in which contracts were acquired.

"In the case of KEMSA Covid materials contracts, we established that they were illegal and hence not enforceable, but the courts have since expressed themselves on the matter that suppliers must be paid at the current markets prices," said Ogeto.

The Kenya Medical Supplies Agencies headquarters in Industrial Area Nairobi.
The Kenya Medical Supplies Agencies headquarters in Industrial Area Nairobi.
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