DPP To Charge Bomas Of Kenya CEO Over Ksh8.6M Irregular Tenders

Following the findings, DPP Ingonga directed that three charges be placed on Gitaa.

DPP To Charge Bomas Of Kenya CEO Over Ksh8.6M Irregular Tenders
Inside the amphitheatre at the Bomas of Kenya. /PHOTO.BOMAS OF KENYA

Director of Public Prosecutions (DPP) Renson Ingonga has decided to charge Bomas of Kenya General Manager and Chief Executive Officer (CEO) Peter Gitaa Koria over procurement irregularities amounting to Ksh8,587,831.00.

In a statement, the DPP on Friday, April 26 revealed that this followed an investigation by the Ethics and Anti-Corruption Commission (EACC) on procurement irregularities and splitting of tenders leading to irregular awards to suppliers in the Financial Year 2020/2021.

"Peter Gitaa Koria was found to have engaged in procurement irregularities in the award of the following public tenders: Quotation No.15/Kitchen Items; Quotation No.16/Utensils; Quotation No.17/Kitchen Items; Quotation No.18/Plates & Cups and Quotation No.19/Cutlery & Other Items which were not factored in the Bomas of Kenya's Budget and Procurement Plan FY 2020/2021," read the statement in part.

Director of Public Prosecutions (DPP) Renson Ingonga speaking during a past address. /NATION MEDIA GROUP

Following the findings, DPP Ingonga directed that three charges be placed on Gitaa.

The first charge is a willful failure to comply with the law relating to procurement by engaging in a procurement process without an approved budget as read together with section 48 of the Anti-Corruption & Economic Crimes Act, 2003.

The second charge is a willful failure to comply with the law relating to procurement by engaging in a procurement process without an approved procurement plan as read together with section 48 of the Anti-Corruption & Economic Crimes Act, 2003

Gitaa is also set to be charged with a willful failure to comply with the law relating to procurement by failing to establish an Ad Hoc Inspection & Acceptance Committee as read together with section 48 of the Anti-Corruption & Economic Crimes Act, 2003.

"The ODPP remains committed to executing its constitutional mandate in accordance with the rule of law and further, with due regard to the public interest, the administration of justice, and avoidance of abuse of the legal process," added the statement.

Koria was among six CEOs of State Agencies suspended for 12 months following recommendations of the EACC for their suspension for alleged involvement in corruption and procurement irregularities within their respective institutions.

However, a Nairobi court in 2023 blocked his suspension, with the CEO arguing that even before the hearing of his application challenging the suspension, the Bomas of Kenya Board of Directors Chairperson summoned a special meeting that was to be held on Thursday, November 23, 2023.

He outlined that the agenda of the meeting touched on the appointment of an Acting CEO and the implementation of directives from the Gender, Culture, Arts and Heritage who had ordered his suspension.

Through lawyer Stephen Mogaka, Koria termed his suspension as “marred with illegalities and procedural irregularities,” as he called for the said special board meeting to be stopped.

“...unless this Honorable Court moves with celerity and arrests the illegalities and injustices occasioned by the Respondents, the Applicant (Mr Koria) shall suffer irreparable harm as their right to equality before the law, fair administrative action and labour rights will be curtailed,” lawyer Mogaka submitted as reported by Citizen Digital.

Besides the Bomas of Kenya boss, the other Executives included; Eng. Fredrick Mwamati (CEO, Tanathi Water Works Development Agency), Stephen Ogenga (DG, National Industrial Training Authority), Stanvas Ong’alo (Acting DG, National Museums of Kenya), Benjamin Kai Chilumo (CEO, Huduma Centre Secretariat), and Eng. Anthony Wamukota (GM, Design & Construction, KETRACO).

The directive was made on November 16, 2023, by Chief of Staff and Head of Public Service Felix Koskei.

Bomas of Kenya CEO Peter Gitaa Koria. /EACC