CORNERED; Embattled Chief Officer contradicts himself on a Fuel supply tender he signed

In Summary;

• Chief Officer’s contradiction
• Evaluation Officer reveals real culprits
• Nature of Contract (Assignment)
• Skewed procurement process
• WEBMAR request for prequalification
• WEBMAR Cert of incorporation
• Bidders for the tender
• #iKUWEiKUWE Corner

On 26.11.2020 the Public Accounts committee chaired by Lwandanyi MCA Hon. Tony Barasa and deputized by Township MCA Hon. Joseph Magudah invited the Chief Officer (CO) in the County Secretary’s office Dr. Chrisantus Simiyu Nyongesa. The initially confident embattled CO found himself between a rock and hard place when the committee tasked him to explain the basis on which they pegged a decision to sign a two-year fuel supply contract from 01.02.2020 to 01.02.2022 to a company they single sourced… The PhD holder sensing he could be chewing more than he could swallow requested the committee to reschedule his interrogation to another date to allow him put together the entire team for the purposes of delivering satisfactory answers from a known position. Those that were supposed to accompany the CO included the County attorney (formerly County Legal Affairs Advisor to the Governor), Supply chain director and all members to the tender opening/evaluation committees

I raised concerns at the tender evaluation level but was ignored… blame the irregularities on the chief officer and procurement officer

~ George Itere ~

The Chief Officer fumbled to tell the committee if the Contract was for one or two years and why if its for two years. He insisted that the contract was for one year contrary to what is indicated on Contract available to #iKUWEiKUWE Updates (see copy below); The County signed was for a two-year deal with a single sourced company namely WEBMAR INVESTMENTS LIMITED to supply fuel. This happened even when two companies that had bid in reaction to the advert published by the county were not even evaluated

Companies that bid following the 19.10.2019 newspaper advert were;

1. Shreeji
2. MBIG

WEBMAR INVESTMENTS LIMITED Contract Signatories;

1. Chrisantus Simiyu Nyongesa – Chief Officer (CO), County Secretary
2. Cyril S. Wayong’o – County Legal Affairs Advisor, Governor
3. Wycliffe Nyongesa Munyasi – Director, WEBMAR INVESTMENTS LIMITED
4. Richard Keter – Secretary, WEBMAR INVESTMENTS LIMITED
5. Cheboss B. Juma – Director Supply Chain Mngt, Bungoma County

Here a series of skewed, irregular and corrupt procurement process;

• 4.10.2019 – WEBMAR station Manager writes to BC requesting to be prequalified as a supplier of fuel pg 667
• 19.10.2019 – County publishes a tender advert
• 05.12.2020 – Letter from Chief Officer
• 09.12.2019 – Sourcing (closing/opening date)
• 11.12.2019 – Evaluation (2 levels)
• 11.12.2-019 – Professional Opinion from the procurement officer to the Chief Officer against awarding WEBMAR without re-advertising
• 12.2019 – Evaluation committee report
• 06.01.2020 – Letter of award
• 06.01.2020 – Acceptance letter from WEBMAR
• 22.01.2020 – Contract signing
• 12.12.2019 – Sealed

Audio; Chief Officer, Dr. Chris Simiyu Nyongesa

Points to Note;

1. According to the procurement plan WEBMAR INVESTMENTS LIMITED is supposed to provide fuel for 8 departs… but the County secretary’s office could only attach documents for 3 out of the 8
2. The copy of the newspaper advert presented to the assembly committee is not legible
3. The CO could not inform on the funds allocated to fuel
4. Payments;
   • Statement from WEBMAR but none from the County
   • A county statement would help it countercheck WEBMAR claims (invoices)
   • The county had a bill of Kshs. 8,355,457/= from January to 30.11.2020… paid 8.9m

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 The tender opening committee who doubled as the tender evaluation committee chair Mr. George Itere, the only person who accompanied the CO to the assembly on this day also had a rough time informing the Hon. Tony Barasa led committee how he earned chairmanship on two different committees 1. Tender opening committee and 2. The Tender Evaluation committee. He informed the committee he was an employee in the ministry of Youth and Sports but was asked by the procurement officer Celestine Nekesa Mbwiga to head the 2 committees and that one member from the tender committee is allowed to join the evaluation committee together with head of procurement who automatically is the secretary to both committees… He nevertheless could not inform the committee how all the members of the tender opening committee IRREGULARLY ended up in the evaluation committee without him raising a red flag

WEBMAR INVESTMENTS LIMITED the company in question did NOT bid when the county govt published the advert on 19.10.2019 for a fuel supplier for the FY 2019/20. WEBMAR, a company running a fuel station is said to have

At one point the Evaluation Committee Chair Mr. Itere was reminded of the wheelbarrow case that saw technocrats being dragged into Kakamega courts, police cells and later in prison as their bosses went scot free… He was warned that whatever he was saying is under oath and will always be used against him should he lie

That’s when the frightened officer distanced himself from any blame instead throwing the Chief Officer in his capacity as the accounting officer and the Supply chain director under the bus. He informed the committee that his terms of reference (ToR) was to evaluate the ability of WEBMAR to deliver the said service and NOT to look at all bids

Other mentions from Mr. Itere included;

• No evaluation minutes
• He did not check the prequalified companied
• He tried to raise a verbal concern on the choice of WEBMAR but was ignored by the procurement officer
• Section 227 procurement act was not followed
• Reasons for single sourcing
  • goods can only be supplied by one supplier
  • Standardization reasons
  • The acquisition price is fair and reasonable under the circumstances

Audios (2); Tender opening/evaluation committees Chair, George Itere

• • webmar fuel scandal committee – Evaluation committee chair PTT-20201126-WA0017 two

 On Thursday, December 3, 2020 WEBMAR INVESTMENTS LIMITED’s Director and an accountant appeared and were subsequently interrogated by the committee

• Jimmy Wanyama Masafu, Accountant WEBMAR
• Wycliffe Nyongesa Munyasi, Director WEBMAR

In his submission, Wycliffe Nyongesa a director stated that;

• He was invited by the Clerk to the Assembly on 30.11.2020 to appear before the PAC committee on 03-12-2020
• His co-director is Hakim Hussein with 50/50 shares
• Veronica Wanjiru – Manager
• He did not see newspaper tender Advert
• Company registered in 2016
• Started operation; July 2018
• Evaluation score – experience;
• He initially claimed ignorance on the request letter written by his Company to County govt seeking for Business… BUT after being read the contents of the letter signed by his Station Manager Veronica Wanjiru… The director sheepishly acknowledged it
• He is yet to revenue Tax Compliance certificate
• Physical address; Webuye Total Services
• The contract entailed WEBMAR strictly offering card dispensation services..,
• Pending bills as at 01.12.2020;
  • • County Secretary’s office – Kshs. 384,249.00
    • Trade                             –  Kshs. 707,066.00
• He mentioned the following departs as being other departmental beneficiaries;
  • Finance
  • Health
  • Public ad
  • Tourism
  • Environment
  • Culture
• Not aware of the initial deposit for the pre-paid cards
• Company Shares @450 between him with Hussein with 100 shares hanging free
• Discount enjoyed by Bungoma County; Epra price minus Kshs. 2 on each litre
• Total contract value
• We have a two-year contract with Bungoma County Govt. to supply fuel ~ WEBMAR director

Audio; WEBMAR director, Wycliffe Nyongesa being interrogated by PAC

Contract Agreement:

#iKUWEiKUWE Corner;

• By the Chief officer playing confused and/or unaware of signing a two-year contract as opposed to the required one-year one… and being PhD holder who understands the meaning and therefore the consequences of signing public document… He stands guilty as charged
• The Professional Opinion from the procurement officer to the chief officer against awarding WEBMAR without re-advertising after realising only TWO bidders namely Shreeji and MBIG… This does NOT exonerate the procurement office for they proceeded to facilitate and implement an irregularity as ordered by the Chief Officer
• The Chief officer supervised flouting of following;
  • Article 227 on procurement of goods and services
  • Section 103 of public disposal and procurement Act
• I THINK the 100 “hanging” shares at Webmar to one of the County Executives… The introduction of  webnar was meant to punish Mbig service station that has been supplying fuel since 2007 to both National government, Bungoma County government and NGOs too