The Auditor General has uncovered a tender fraud at Chogoria Girls and is urging action against the principal
A report from the Auditor General for the fiscal year ending June 30, 2024, has disclosed significant corruption and mismanagement at Chogoria Girls under the administration of Madam Lucy Mugendi.
The
findings indicate a serious tender fraud
, with suspicions that millions of
shillings were misappropriated by individuals involved in the scheme. The
report suggests that contractors conspired with the management, who received
substantial kickbacks.
Stakeholders
are now calling on the DCI, EACC, and the Ministry of Education to take action
based on the Auditor General's report and to prosecute those implicated in the
tender fraud.
According
to the report, the School Management awarded a contract for the construction of
dormitory phase II to a contractor for a total of Kshs. 20,280,465, with a
duration of twenty-four (24) weeks starting from March 25, 2024.
A
physical verification conducted at the school in April 2025 confirmed that the
project was completed and is currently in use. However, an examination of the
procurement documents revealed that three (3) Board Members were part of the
tender evaluation committee, which violates Section 46(1) of the Public
Procurement of Assets and Disposal Act, 2015, stipulating that the evaluation
committee must consist of staff members.
Furthermore,
there was no evidence that the head of the procurement function provided a
professional opinion recommending the award of the procurement, contrary to
Section 84(1) of the Public Procurement of Assets and Disposal Act, 2015, which
mandates that the head of procurement must review the tender evaluation report
and submit a signed professional opinion to the accounting officer regarding
the procurement or asset disposal process.
In
light of the circumstances, there existed an overlap between the
responsibilities of the Board and Management, which could lead to
inefficiencies and conflicts of interest, thereby adversely affecting service
delivery.
Furthermore,
Management was found to be in violation of the law.
The
statement detailing receipts and payments indicates operational expenditures
totaling Kshs.16,481,108. As outlined in Note 7 of the financial statements,
this amount includes payments of Kshs.205,000 for the acquisition of two (2)
printers, which were obtained directly from the supplier of goods and services.
However,
the school failed to provide any justification for the direct procurement
during the audit review. Additionally, the printers acquired were not listed in
the School's approved procurement plan.
This
situation contravenes Section 124(12) of the Procurement and Assets Disposal
Act, 2015, which specifies that single-source selection may only be appropriate
under certain conditions that demonstrate a clear advantage over competitive
bidding:
(a)
when it can be demonstrated that goods, works, or services are exclusively
available from a specific supplier, or that a supplier holds exclusive rights
regarding consultancy services, with no reasonable alternatives or substitutes
available;
(b)
for tasks that are a natural continuation of prior work performed by the firm;
(c) in exceptional circumstances, such as in response to natural disasters or
declared national emergencies.
Given
these circumstances, it appears that value for money may not have been realized
in the procurement process, and Management was in violation of the law.
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