PS Francis Owino on the spot over Liwatoni procurement irregularities
The Principal Secretary (PS) in the State Department of Fisheries, Aquaculture, and the Blue Economy is on the spot over procurement irregularities
This is after the Ethics and Anti-Corruption Commission (EACC) forwarded files for prosecution to the Director of Public Prosecutions (DPP).
According to the EACC’s annual quarterly report, Francis Owino, is accused of irregular procurement of the Sh1 billion ultra-modern fish hub at Liwatoni Fisheries Complex in Mombasa County.
“Investigations on the Liwatoni project further revealed that the department used the tender documents of a French company known as the International Federation of Consulting Engineers (FIDIC) — Federation Internationale Des Ingenieurs Conseils — instead of the standard tender documents prepared by the Public Procurement Regulatory Authority,” states the report.
Investigations further, revealed that the PS commenced the tendering process of Phase Two of the project without the approved budget and procurement plan.
Investigations have also revealed that the evaluation committee failed to adhere to the law and recommended the award of the tender to an unresponsive bidder, who also submitted false documents in its bid.
In the file forwarded to the DPP on May 4, the EACC recommended prosecution of the PS, the evaluation committee, the head of procurement, and the winning bidder and its proxies.
Other charges relate to fraudulent procurement, making documents without authority, uttering false documents, and conspiracy to commit an offence of corruption.
EACC had launched investigations into allegations of procurement irregularities in the tender leading to the award of the contract.
Daniel’s Outlets Ltd was awarded the tender for construction of the facility but the government accused the firm of violating the conditions of the contract, leading to its termination.
Owino accused the contractor of corruption and fraudulent practices and ordered the firm to immediately leave the site.
On April 1, 2021, EACC CEO Mbraka Twalib wrote to Owino informing him of the investigation and requested him to suspend any payments due to the contractor pending the outcome.
“EACC has, pursuant to its constitutional and statutory mandate, commenced investigations into allegations of procurement irregularities in the tender leading to the award of the contract,” Mr Mbarak said in the letter to the PS, which was also copied to Interior CS Fred Matiang’i in his capacity as the chairman of National Development Implementation Committee.
The government had terminated the contract for the construction of the Sh1 billion Liwatoni Fisheries Complex in Mombasa, one of President Uhuru Kenyatta’s key legacy projects for the Coast region.
The project, which Kenyatta had noted was key to the exploitation of the vast wealth of the blue economy, seeks to upgrade the Liwatoni complex to a full fishing port with cold storage rooms, value addition and export facilities.
The President ordered Matiang’i to supervise and ensure that Phase One, which is ongoing, is completed and operational, with fish landings, coolers and processors.
The anti-graft commission wants them charged with various offences, including engaging in a project without prior planning, wilful failure to comply with the law relating to procurement, abuse of office, and neglect of official duty.
The commission is awaiting the DPP’s response.
