NAIROBI, Kenya, Apr 17- The Commission on Administrative Justice wants the National Social Security Fund (NSSF) board to cancel the Sh5 billion tender awarded to China Jiangxi International for the Tassia II project.
The Commissions’ Chairman, Otiende Amollo confirmed during a press conference on Thursday that the development project was not approved by the board of trustees as required by law and by way of email circulation was improper and irregular.
“Our examination of the regulations and the laws governing the NSSF board requires one that whenever there is any approval there should be a quorum of members present and voting supposed therefore there must be an actual meeting and that technically excludes the possibility of approval by email or phone or any other means,” he confirmed.
Amollo also wants NSSF Chief Executive Officer Richard Langat held responsible for the faulty management of the project including the tendering and approval processes.
He states that abuse of power and disregard of procurement procedures is an act that should be stopped at all costs.
“Under Section 15 of the State Corporation Act, the chairs of boards are supposed to guide the boards in terms of compliance with the law and so we found the entire board particularly the chair takes that responsibility,” he said.
“The Managing Trustee was therefore not only negligent but because of this process as the CEO we found he was in abuse of power in this entire process.”
Amollo says that the Commissions’ strong view is that the NSSF management be made to account for the money amounting to Sh11.4 million supposedly paid to the county government.
“The only money that appears to be paid out so far was the money for approval by the Nairobi City County. If there was any money that was paid on this account it was not brought to our notice. The rest of it appears would be money that is payable to the consultants which has not been paid.”
“Even the idea of awarding the consultants those contracts on a project that was not approved and for which had no budget is improper. In the event it should come to that then the question would be who would bear that responsibility.”
The investigation which was conducted between January 15 and April 15, 2014 was prompted by a complaint filed with the Commission by COTU Secretary General, Francis Atwoli.