The fate of Machakos Governor Alfred Mutua appears fluid after fresh details and documentation shows the controversial purchase of second hand pre-used Subaru Outback and his Landcruiser VX were bought, delivered and paid for months before the tender was floated, The Informer can authoritatively reveal.
Further, according to minutes of initial Machakos County Government Cabinet meeting in our possession held on April 16, 2013 and chaired by Mutua, the Governor requested the cabinet to consider purchase of pre-used vehicles at a cost of Sh1, 757,000 per vehicle and a Landcruiser at a cost of Sh6, 500,000.
Consequently, initial delivery of the vehicles was made three days later on April 19, 2014 months before advertisement of the vehicles procurement tender was floated.
“The chairman (to cabinet, Governor) reported that the county does not have adequate funds to procure vehicles….a market survey has been carried to identify suitable pre-used vehicles that could be used by the cabinet.
He requested the cabinet to consider and approve the county administration to proceed and initiate the process of procuring the vehicles at the rate of Sh1, 757, 000 per vehicle for 15No. and one landcruiser at a cost of Sh6, 500,000.” Records we obtained shows.
Record further shows, “he proposed that given the current scenario, the option of procuring quality pre-used vehicles was preferable compared to procuring brand new vehicles which, given their high costs, would mean that the county would not be able to procure an adequate number.
The discrepancies on how the whole procurement process was done including survey of the vehicles, identification of the supplier (Xtreme Auto Ltd) and valuation of used cars as guided by the government policy remained unanswered.
The government valuer was supposed to assess the age, value and condition of the vehicles. However, according to the county cabinet minutes, Mutua said “a market survey has been carried to identify suitable pre-used vehicles that could be used by the cabinet.” Part of the minutes reads.
Effectively, the prices and supplier of the vehicles was settled way before tendering process was initiated.
According to delivery notes obtained by The Informer, some of the vehicles delivered between April 19, 2013 and April 23 2013 include; Landcruiser VX KBUn900L , Subaru Outback Gold in colour KBT 414 C, Subaru Outback (Silver) KBU 241 C and Subaru Outback (Black) KBT 678B among others by Xtreme Auto Ltd under Pin No. P051229932H VAT No.0191306U.
This shows a sharp contradiction of the dates of the purchase and tendering under reference number GMC/78/2013-2014 supply and delivery of specialized motor vehicles and GMC/79/2013-2014 supply and delivery of ambulance.
The tender advertisement said the interested bidders should be “deposited in the Tender Box at the reception, Machakos County Headquarters, Ngei Road, so a s to reach on or 29th August 2013 at 11am.”
Mutua has been questioned by the Ethics and Anti-Corruption Commission in connection with the saga a case the office of Director of Public Prosecution (ODPP) sanctioned for prosecution as early as last year on 9 July 2014. EACC is yet to initiate the process.
DPP’s office was reacting to a petition Mutua had filed a seeking to have EACC barred from probing him over alleged graft in the procurement of county vehicles including ambulances and County Executives’ vehicles, among other undisclosed allegations.
The governor moved to court seeking to block the agency from probing him and the Director of Public Prosecutions (DPP) from preferring criminal charges against him in relation to the alleged fraud. He wanted DPP and Inspector General of Police restrained from preferring charges against him.
The DPP had argued that the Constitution mandates EACC to investigate any allegation reported and forward the report on the outcome.
“Under Article 157 (10)of the constitution the Director of Public Prosecutions does not require the consent of any person or authority for the commencement of criminal proceedings and in the exercise of the powers or functions, shall not be under the direction or control of any person or authority.
“The applicant has failed to demonstrate with precision how his rights have been violated. The application is without merit and should be dismissed.” A communiqué signed by Assistant Director of Public Prosecutions Lillian Obuo on behalf of Tobiko says.