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An audit committee has recommended that IEBC chief executive Ezra Chiloba explain why a three-year contract with a mobile phone service provider did not follow the laid down procedure.
The commissions Directorate of Internal Audit says the contract with Airtel Kenya for the supply and delivery of, among others, 1, 553 Thuraya IP+ satellite modems, was not done in line with the Public Procurement and Disposal Act 2015 guidelines.
The guidelines require proof of delivery of goods and services before payment.
OPERATIONS
In its acceptance letter, dated July 17, 2017, just weeks to the August 8 General Election, Airtel Ltd indicated that it could deliver 1,000 units in time for the election.
The remaining 553 units would be delivered sometime in August, and would available for the three-year contract period.
However, the directorate, which conducted an audit of the commission’s operations during the election on the orders of Chairman Wafula Chebukati following the suspension of Mr Chiloba, says this was irregular since the contract simply provided a framework, with fixed prices, and could have been implemented on a need basis.
PROCUREMENT
It, therefore, recommends that Mr Chiloba explain why an order for 1,553 units was placed, even after Airtel indicated that it could deliver only 1,000 units in time for the election.
The directorate further wants the CEO to confirm whether the documentation for the tender, the approved procurement requisition, a professional opinion, a tender award notification, and the acceptance letter are available.
The audit committee, chaired by the director of audit, risk and compliance, Mr Obadiah Keitany, indicts both the CEO and the director of legal and public affairs for the anomaly.
EXCHEQUER
The delivery schedules of the Thuraya IP satellite devices shows that 300 units were delivered on July 22, 2017; 700 units were delivered on August 2; while 553 units were delivered on August 25.
The committee established that Sh639,026,488, or 70 per cent of the contract amount, had been paid by December. “A payment voucher for the 30 per cent balance, amounting to Sh273,869,352 has been prepared awaiting exchequer for disbursement,” says the committee in its report, noting the commission had incurred a pending bill, which could have been avoided.
COMPARATIVE
The committee further, after reviewing all commission’s plenary resolutions, accuses Mr Chiloba of dereliction of duty and failing to implement some of the resolutions.
For example, a resolution of the plenary meeting held on February 10 agreed to lease Election Voter Identification Devices (Evids) from Nigeria, Ghana, and Ivory Coast. Mr Chiloba did not implement this resolution.
During the same plenary, the secretariat was directed to conduct a comparative costs analysis for three options it proposed (upgrading, conversion, leasing). However in the subsequent plenary there was no evidence of a report.
PLENARY
In the 169 plenary, the commission resolved for a government to government leasing of voter identification and Result Transmission system (RTS) as proposed. This was not implemented.
In the same plenary it was agreed the transfer of returning officers be delayed until such a time that the register will be cleaned and ready for verification which should not have been later than April 10, 2017.
The committee says Mr Chiloba delayed the transfer up to May 2018. |
