BY SAM ALFAN.
Independent electoral and boundaries commission (IEBC) Strategy Monitoring and Evaluation manager on Tuesday told a Nairobi Court that a Company belonging to businessman Ben Gethi altered a tender documents from shilling 127,400 to 105 million in a bid to win a tender supply of lambs during last general election.
The witness Michael Douglas Oyalo
told Anti-Corruption magistrate Lawrence Mugambi that a parallel committee which held meetings at a hotel in Nairobi altered solar mark technologies bid figures from 127 million shillings to 105 million shillings in order to win the 2013 election materials tender award.
Solarmark, a company associated with businessman Ben Gethi, one of the accused in case was eventually paid 127 million shillings which revealed 22 million shillings in excess of the awarded tender figure of 105 million shillings.
While testifying in the case where 6 people and one company are facing trial over Michael Douglas oyaro confirmed he chaired the tender award committee and recommended that solar mark be awarded the tender since he was the lowest bidder with the required qualifications but at no time did they See the tender register that had indicated the initial bidding figures of 127 million shillings.
Mr Oyaro said he was not privy to any information on the initial bidding figures by solar mark and is not aware at what point the alterations were done.
He said the accused altered the tender documents after learning another company Connection systems had quoted shilling 107,400 Million.
Prosecution Warui led evidence to show that the act on altering the document was fraudulent.
He said the tender had invited bidders for twenty one (21) different items and bidder’s were Free to quote for any items.
Mr Clement Chomu Miheso who is Kenya Bureau of Standard Manager Engineering standards said he received a letter from IEBC request KEBS to assist by nomination a number of officers to assist them is technical evaluation of tenders.
“I remember in November 2012 , I led KEBS team to do technical evaluation of general elections materials which was held at Utalii Hotel jointly with officers from IEBC .The chair and Secretariat of this committee was drawn from IEBC” said Miheso.
The statement by Miheso indicated they discussed three stages in which evaluation will be conducted which include preliminary, technical and financial.
Ben Gethi Wangui,Joyce Makena and Solarmark Technology Limited are accused on 15 of October 2012 at IEBC office’s Anniversary Towers in Nairobi being directors of of Solormark Technologies Limited with intent to defraud ,uttered a false documents to wit a Tax Compliance Certificate NO KRA /18/038871/2012 to Chief Executive Officer IEBC in regard to Tender NO IEBC 1/2012-2013 for the supply of election materials for election purporting it to be a genuine certificate issued by KRA.
The two directors are also accused on or about 16 day October of 2012, at the Kenya Revenue Authority offices in Nairobi County with intent to defraud made a false documents namely a Tax Compliance Certificate NO KRA /18/038871/2012 purporting to be genuine Tax Compliance Certificate issued by Assistant Commissioner Domestic Taxes Department at KRA.
The two are charged alongside Aden Katello Adan, Kennedy Guanye Ochae, Abdi Elema Ali, Gabriel Ngonyo Mutunga and Willie Gachanja Kamonya.
The five are accused of colluding with one another to change the place Scheduled submitted by Solarmark Technologies in Tender NO 1/2012-2013 for the supply of solar lanterns for the March 2013 general elections , to facilitate the award of the Solarmark Technologies Limited, a company that was unqualified for the award.
They are facing other charges.
Hearing of the criminal case will resume on 30 of May.
