Investigation into Allegations of Irregular Procurement and Award of Tender to M/S Drescoll Company Limited for the supply and delivery of a fire engine truck to Marsabit County Government at a cost of KSh. 62,000,000/- during the financial year 2018/2019.

Ethics and Anti-Corruption Commission (EACC) Investigations began following an allegation of irregularities in procurement for the supply and delivery of a Fire Engine by Marsabit County Government officials. It was alleged that the procurement process was not followed to identify the contractor and that the prices were highly inflated.

No Budget Allocation, Irregular Tender Award, Forged Documents

Investigations revealed that the County Government of Marsabit had no budget allocation for the procurement of a Fire Engine in the Financial Year 2018-2019.

Investigations also revealed, that the Tender Committee irregularly awarded the tender to M/S Drescoll Limited, a company which also provided forged documents with regard to past experience in order to influence tender award.

Charges Recommended

On 25th September, 2023 a report was compiled and forwarded to the DPP with recommendations to charge the Assistant Director Supply Chain Management Department at Marsabit County Government, the Director of Drescoll Limited, members of the Tender Evaluation Committee and a limited liability Company with the following offences;

• Conspiracy to commit a corruption offence contrary to section 47 A (3) as read with section 48 of the ACECA

• Deceiving principal contrary to section 41 (2) as read with section 48 (1) of the Anti-Corruption and Economic Crimes Act, 2003.

• Willful failure to comply with applicable procedures and guidelines relating to procurement of services contrary to section 45 (2) (b) as read with section 48 of the Anti-Corruption and Economic Crimes Act, 2003.

• Abuse of office contrary to section 46 as read with section 48 of the Anti-Corruption and Economic Crimes Act, No. 3 of 2003

• Engaging in a fraudulent practice in procurement proceedings contrary to section 66 (1), 66 (12) as read with section 177 of the Public Procurement and Asset Disposal Act, 2015

• Uttering a false document contrary to section 353 of the Penal Code.

• Fraudulent acquisition of public property contrary to section 45 (1) (a) as read with section 48 (1) of the Anti- Corruption and Economic Crimes Act, 2003.

On 20th November 2023, the DPP returned the inquiry file with recommendations for further investigations.

Source: Kenya Gazette, December 8th, 2023