NAIROBI, Kenya, Jan 25 – A company which imported the controversial mobile clinics has moved to court seeking to lift an order freezing its bank accounts
Estama Investment Limited, through its lawyer Philip Nyachoti, says the claims by Ethics and Anti Corruption Commission that money held by the company at Kenya Commercial Bank and Equity bank was corruptly obtained is untrue.
He says that orders obtained by EACC on January 5 2017 prohibiting the director of Estama Investment Limited from accessing its bank accounts was issued without disclosure of material facts by the commission.
The order is to last for a period of six months, saying the court ought to set aside its orders since the monies held in the two banks was received after the Estama Investment won a tender for the supply of portable medical clinics in favour of the Ministry of Health.
The lawyer submits that the money was not acquired illegally as claimed by EACC, saying the funds in the accounts arises from valid and lawful contractual payments from the Ministry of Health.
“The said contract was awarded to Estama Investment following competitive procurement process which was not challenged before the Public Procurement Administrative Review Board,” Nyachoti said.
He says the tender award was not declared irregular pursuant to the provisions of Public Procurement and Asset Disposal Act No 33 of 2015.
The said contracts has been performed by the company and the commission cannot wake up now and claim that the monies held by the Estama and its sister company Business Capital Limited was corruptly acquired.
The two companies are under obligation to commission all 107 portable medical clinics in Nairobi and other parts of the country as contained in the contract and agreements.
The operations of the two companies has been frustrated as result of the order issued by Justice Hedwing Ongudi, saying that 90 medical clinics are lying in Jomvu, Mombasa which ought to be distributed to counties.
The court directed that matter be mentioned on 27 January 27 for purposes of taking hearing for the application seeking to set aside freezing orders on the accounts of Njage Makanga who is the director of the companies.