BY SAM ALFAN.
An activist who had sought the removal of the Kenya Urban Roads Authority (KURA) boss Silas Kinoti over claims of procurement irregularities has withdrawn the case.
Ezekiel Oyugi wanted the KURA boss removed and for the court to declare him unfit to hold public office.
However, in an affidavit seen by NairobiTimez.co.ke, Oyugi changed tune but maintained that he has not been intimidated, coerced or blackmailed to withdraw the petition.
The activist said the decision was made in good faith.
“The information I was relying on this petition was inaccurate. There will be no other petition filed regarding the same parties touching the subject matter,” says Oyugi in his affidavit of withdrawal filed in court.
High Court judge Chacha Mwita allowed the application for withdrawal and marked the case as settled.
Oyugi filed a constitutional petition in May seeking several orders against the KURA boss over alleged irregularities in the procurement of three road projects at a cost of Sh13.2 billion.
He accused Kinoti and EACC of violating the obligations imposed on them by Chapter Six of the Constitution, specifically Articles 73(1) & 2(b to e), and 75(1) of the Constitution.
The alleged projects are the establishment of bus rapid transit line, which was done at a cost of Sh6.5 billion.
“A declaration that, as pleaded, the Respondent impugned actions and omissions contravened Articles 1, 2, 3(1), 4(2), 10, 24, 27, 28, 29(a) & (f), 30(a) & (b), 40,47(1), 73, 75, 232(e) & (f), and 259(1) of the Constitution of Kenya, 2010,” he seeks in his petition.
Oyugi is also accusing the KURA boss over the Nairobi transportation system establishment and junctions’ improvement project phase 1, which cost the taxpayers Sh6.7 billion and also the Nairobi Outering Road improvement project.
He says KURA irregularly entered into contracts with an international company for consultancy in the establishment of the bus rapid transit line on May 24th 2022 for a period of 39 months and the Nairobi Intelligent transport system establishment and junction’s improvement project phase on May 5th 2022 for a period of 34.5 months.
The Project Financing Agreement was irregular and contrary to Section 60 (1) of the Public Procurement and Asset Disposal Act 2015.
“The delay in commencement of works for the establishment of bus rapid transit line project despite Sh174.9m being set aside for the acquisition of non-financial assets,” he says.
He said the delay in commencement of works caused low absorption of development partner’s loan.
